Forensic Social Work

by Barker, Robert L.; Branson, Douglas M.

• ISBN13: 9781560243519
• ISBN10: 1560243511
• Format: Hardcover
• Copyright: 1993-02-01
• Publisher: Routledge

Summary

This book explores forensic social work and offers examples of legal conflicts practitioners may face in their practice. Discussing the origins of forensic social work and implications for future practice, the new edition of Forensic Social Work will help you offer better services to clients as it explores malpractice, licensing, credentialing, marketing for forensic clients, and presenting effective courtroom testimony.To view an excerpt online, find the book in our QuickSearch catalog at www.HaworthPress.com.

Author Biography

Robert L. Barker heads a consulting organization to help social agencies write and administer grant proposals and raise funds. For twelve years Dr. Barker was Professor of Social Work at the National Catholic School of Social Services, The Catholic University of America, in Washington, DC, and Co-Director of the Potomac Psychiatric Center in Maryland and Washington, DC Douglas M. Branson is Professor of Law at the University of Pittsburgh Law School and visiting Professor at law schools in Spain, South Africa, and Australia

Table of Contents

Preface and Acknowledgments	p. xi
Forensic Social Work in a Litigious Society	p. 1
The Purpose of Forensic Social Work	p. 2
Law in the Origins of Social Work	p. 4
Early Affinity of Social Work and the Law	p. 6
Divergence Between Social Work and the Law	p. 7
Growth of the Litigious Society	p. 9
Social Work's Renewed Interest	p. 10
What Social Workers Must Know About the Law	p. 12
The Emergence of Forensic Social Work	p. 13
The Practice of Forensic Social Work	p. 15
What Do Forensic Social Workers Do?	p. 15
Motivations for Forensic Social Workers	p. 17
Payment for Forensics Experts	p. 18
Positive Incentives	p. 19
Forensic Social Work As a Part-Time Occupation	p. 20
Steps Toward a Forensics Specialty	p. 21
How Expert Witnesses Become Established	p. 23
Referral-Building Activities	p. 24
Forensic Marketing Organizations	p. 26
Forensic Professional Groups	p. 28
Forensic Experts in Related Fields	p. 30
National Organization of Forensic Social Workers	p. 31
Conclusion	p. 32
Testifying in Courtrooms	p. 33
Types of Courtroom Witnesses	p. 33
Roles of the Social Work Fact Witness	p. 34
Distinguishing Fact and Expert Witnesses	p. 36
The Subpoena	p. 38
Presenting Testimony Effectively	p. 40
Responding to Direct Examination	p. 42
Responding to Cross-Examination	p. 43
Hazards in Presenting Testimony	p. 44
Testifying Against Clients	p. 45
The Testimony of Children	p. 47
Recovered or Implanted Memory	p. 48
Ten Guidelines for the Effective Witness	p. 50
Testifying As an Expert Witness	p. 53
Pretrial Negotiations	p. 54
Negotiating Payment	p. 56
Preparation As an Expert Witness	p. 58
Rehearsing Expert Testimony	p. 60
Voir Dire: Qualifying As an Expert	p. 61
Presenting Expert Testimony	p. 64
Direct Examination of the Expert	p. 64
Cross-Examination of Expert Witnesses	p. 66
Tactics to Impeach Expert Witnesses	p. 67
Conclusion	p. 69
Malpractice and How to Avoid It	p. 71
Some Malpractice Examples	p. 71
Responsibility for Therapy Outcomes	p. 73
Alleged Child Abuse: To Report or Not?	p. 75
The Ramona Case	p. 76
Criteria for Malpractice Liability	p. 79
Preventive and Defensive Practices	p. 80
Conduct Leading to Malpractice Claims	p. 81
When Laws and Ethics Collide	p. 99
The Limits of Confidentiality	p. 100
Child Abuse and Neglect Laws	p. 101
"Duty to Warn" Laws	p. 103
The Tarasoff Case	p. 104
Rationale of Judges and Legal Officials	p. 107
Guidelines for Coping	p. 108
Implementing the Actual Warning	p. 109
Jaffee vs. Redmond	p. 111
Conclusion	p. 114
Preparing for Litigation	p. 115
Recognizing a Potential Legal Hazard	p. 115
The Emotional Risks of Litigation	p. 117
When to Seek Legal Help	p. 118
Costs of Litigation	p. 120
Goals in Hiring a Lawyer	p. 122
Trial or Settlement?	p. 127
Professional Review: Judgment by Colleagues	p. 131
Need for Alternatives to Law Courts	p. 132
Philosophies of Reviewing Organizations	p. 135
Types of Sanctions	p. 136
Disciplinary Action Reporting System (DARS)	p. 138
Third-Party Review Procedures	p. 138
NASW Peer Review Procedure	p. 140
Critique of NASW Adjudication Procedures	p. 144
Other Professional Review Procedures	p. 145
Inevitability of Peer Review	p. 146
How to Avoid or Minimize Sanctions	p. 147
When Misconduct Is Acknowledged	p. 149
Case Recording and Written Contracts	p. 151
Report Writing for the Litigious Society	p. 152
Record Keeping for Couples and Families	p. 153
The Problem-Oriented (SOAP) Record	p. 155
Accessibility of Case Records	p. 156
Forensics Reports versus Case Records	p. 157
The Written Contract	p. 159
Written versus Verbal Contracts	p. 173
The Preservation of Contracts and Records	p. 174
Conclusion	p. 175
Legal and Professional Credentials	p. 177
Practicing Without Credentials	p. 177
Consequences of Misrepresentation	p. 179
What Are Credentials?	p. 180
Origins of Social Work Credentials	p. 184
Requirements for Professional Credentials	p. 188
Social Work Licensure	p. 193
Comparing Credentials with Other Professions	p. 199
Unresolved Credentialing Problems	p. 201
The AASSWB Model Social Work Practice Act	p. 204
Conclusion	p. 206
State Boards of Social Work Licensure	p. 209
Glossary	p. 219
Bibliography	p. 235
Index	p. 249
Table of Contents provided by Syndetics. All Rights Reserved.