Forensic Social Work: Legal Aspects of Professional Practice, Second Edition

by Barker, Robert L.

• ISBN13: 9780789008671
• ISBN10: 078900867X
• Edition: 2nd
• Format: Hardcover
• Copyright: 1999-12-17
• Publisher: Routledge

Summary

Explore the legalities and pitfalls of forensic social work! Forensic Social Work: Legal Aspects of Professional Practice, Second Edition examines the professional specialty of forensic social work which involves testifying in court as an expert witness, investigating cases of possible criminal conduct, and assisting the legal system in such issues as child custody disputes, divorce, child support, juvenile delinquency, spouse or child abuse, and placing individuals in mental hospitals. As a student or professional social worker, you will explore a variety of ethical and legal issues, such as malpractice, licensing, credentialing, marketing for forensic clients, and presenting effective courtroom testimony. Current and fact-filled, this new edition discusses the origins of forensic social work and offers implications for future practice. New material in this edition includes a chapter on how to establish a forensic social work practice, with information on how to bring in clients, generate new referrals and make other important contacts. Another new chapter expands on the first edition's discussion of implanted memory versus recovered memory and the ways that social workers use and often misuse this information. A third new chapter examines credentialing requirements for forensic social work. Forensic Social Work details legal conflicts you may face and offers suggestions on how to deal with these situations. Rich with examples, some aspects of forensic social work that you will learn about are: separating the role of the expert witness from the role of the fact witness while testifying understanding the motivations, payments, and positive incentives for entering the field of forensic social work avoiding malpractice lawsuits by understanding the criteria for liability guidelines for action when laws and ethics collide preparing for litigation duty-to-warn laws writing reports and contracts for the litigious society using the problem-oriented (SOAP) record distinguishing implanted memory from recovered memory and understanding how witnesses and social workersmay misuse remembered information Complete with a glossary, case examples, and information on how to obtain clients, new referrals, and other contacts, Forensic Social Work gives you a thorough look at the profession of forensic social work. You will explore the legal and ethical issues that come with this profession, learn the credentials needed to become a forensic social worker, and discover how to adequately market yourself in the field. Forensic Social Work will prepare you for the circumstances that may arise and help you to professionally and successfully overcome future challenges.

Author Biography

Douglas M. Branson is W. Edward Sell Professor of Law at the University of Pittsburgh in Pittsburgh, Pennsylvania.

Table of Contents

Preface and Acknowledgments	xi
Forensic Social Work in a Litigious Society	1	(14)
The Purpose of Forensic Social Work	2	(2)
Law in the Origins of Social Work	4	(2)
Early Affinity of Social Work and the Law	6	(1)
Divergence Between Social Work and the Law	7	(2)
Growth of the Litigious Society	9	(1)
Social Work's Renewed Interest	10	(2)
What Social Workers Must Know About the Law	12	(1)
The Emergence of Forensic Social Work	13	(2)
The Practice of Forensic Social Work	15	(18)
What Do Forensic Social Workers Do?	15	(2)
Motivations for Forensic Social Workers	17	(1)
Payment for Forensic Experts	18	(1)
Positive Incentives	19	(1)
Forensic Social Work As a Part-Time Occupation	20	(1)
Steps Toward a Forensic Specialty	21	(2)
How Expert Witnesses Become Established	23	(1)
Referral-Building Activities	24	(2)
Forensic Marketing Organizations	26	(2)
Forensic Professional Groups	28	(2)
Forensic Experts in Related Fields	30	(1)
National Organization of Forensic Social Workers	31	(1)
Conclusion	32	(1)
Testifying in Courtrooms	33	(20)
Types of Courtroom Witnesses	33	(1)
Roles of the Social Work Fact Witness	34	(2)
Distinguishing Fact and Expert Witnesses	36	(2)
The Subpoena	38	(2)
Presenting Testimony Effectively	40	(2)
Responding to Direct Examination	42	(1)
Responding to Cross-Examination	43	(1)
Hazards in Presenting Testimony	44	(1)
Testifying Against Clients	45	(2)
The Testimony of Children	47	(1)
Recovered or Implanted Memory	48	(2)
Ten Guidelines for the Effective Witness	50	(3)
Testifying As an Expert Witness	53	(18)
Pretrial Negotiations	54	(2)
Negotiating Payment	56	(2)
Preparation As an Expert Witness	58	(2)
Rehearsing Expert Testimony	60	(1)
Voir Dire: Qualifying As an Expert	61	(3)
Presenting Expert Testimony	64	(1)
Direct Examination of the Expert	64	(2)
Cross-Examination of the Expert Witnesses	66	(1)
Tactics to Impeach Expert Witnesses	67	(2)
Conclusion	69	(2)
Malpractice and How to Avoid It	71	(28)
Some Malpractice Examples	71	(2)
Responsibility for Therapy Outcomes	73	(2)
Alleged Child Abuse: To Report or Not?	75	(1)
The Ramona Case	76	(3)
Criteria for Malpractice Liability	79	(1)
Preventive and Defensive Practices	80	(1)
Conduct Leading to Malpractice Claims	81	(18)
When Laws and Ethics Collide	99	(16)
The Limits of Confidentiality	100	(1)
Child Abuse and Neglect Laws	101	(2)
``Duty to Warn'' Laws	103	(1)
The Tarasoff Case	104	(3)
Rationale of Judges and Legal Officials	107	(1)
Guidelines for Coping	108	(1)
Implementing the Actual Warning	109	(2)
Jaffee vs. Redmond	111	(3)
Conclusion	114	(1)
Preparing for Litigation	115	(16)
Recognizing a Potential Legal Hazard	115	(2)
The Emotional Risks of Litigation	117	(1)
When to Seek Legal Help	118	(2)
Costs to Litigation	120	(2)
Goals in Hiring a Lawyer	122	(5)
Trial or Settlement?	127	(4)
Professional Review: Judgment by Colleagues	131	(20)
Need for Alternatives to Law Courts	132	(3)
Philosophies of Reviewing Organizations	135	(1)
Types of Sanctions	136	(2)
Disciplinary Action Reporting System (DARS)	138	(1)
Third-Party Review Procedures	138	(2)
NASW Peer Review Procedure	140	(4)
Critique of NASW Adjudication Procedures	144	(1)
Other Professional Review Procedures	145	(1)
Inevitability of Peer Review	146	(1)
How to Avoid or Minimize Sanctions	147	(2)
When Misconduct Is Acknowledged	149	(2)
Case Recording and Written Contracts	151	(26)
Report Writing for the Litigious Society	152	(1)
Record Keeping for Couples and Families	153	(2)
The Problem-Oriented (SOAP) Record	155	(1)
Accessibility of Case Records	156	(1)
Forensics Reports versus Case Records	157	(2)
The Written Contract	159	(14)
Written versus Verbal Contracts	173	(1)
The Preservation of Contracts and Records	174	(1)
Conclusion	175	(2)
Legal and Professional Credentials	177	(32)
Practicing Without Credentials	177	(2)
Consequences of Misrepresentation	179	(1)
What Are Credentials?	180	(4)
Origins of Social Work Credentials	184	(4)
Requirements for Professionals Credentials	188	(5)
Social Work Licensure	193	(6)
Comparing Credentials with Other Professions	199	(2)
Unresolved Credentialing Problems	201	(3)
The AASSWB Model Social Work Practice Act	204	(2)
Conclusion	206	(3)
Appendix: State Boards of Social Work Licensure	209	(10)
Glossary	219	(16)
Bibliography	235	(14)
Index	249