California State University, Stanislaus

Master of Social Work Department

SW 5037 - Social Work, Law and the Courts

(Section 1)

Instructor: Yvonne Leal, MSW Term: Fall 2005

Office phone: (209) 667-3848 Time: Mondays, 1-4pm

Cell phone: (209) 606-0525 Location: C233

Office: P142 Units: 3

Email: yleal@csustan.edu

CATALOG DESCRIPTION

Advanced course in social work practice to prepare social workers for work that interfaces with the legal system including family and children's court, guardianship and corrections. Prerequisites: acceptance in the MSW Program.

COURSE DESCRIPTION

Social work practice in current American society requires knowledge and understanding of the law and the legal system. This advanced course is designed to prepare future social workers to face and deal with cutting-edge challenges. The legal knowledge and skills prepare social workers to function effectively and professionally when they interface with the legal system. The cutting-edge technology--World Wide Web sources and computer-based legal research (Lexis/Nexis) are important tools for social workers to update themselves with current changes of law, computerization of the service delivery system and increased efficiency of service delivery. The content of this course is both general and specialized on certain areas (such as CPS, APS and mental health). A variety of learning approaches, assignments and case studies (mostly California landmark cases) are included to assist students build competency in dealing with the legal aspect of social work practice.

LEARNING OBJECTIVES

It is expected that by the end of the course each student will obtain the knowledge, skills and values required to:

· Be readily familiar with the various levels of intersection between social work and the legal system.

· Understand legal terminology and key legal concepts. Students should have a working knowledge of how to read and interpret legal documents.

· Conduct legal research and understand the purpose of legal documentation such as statutes, codes, case law, and regulations.

· Understand the concepts and application of individual rights within the various legal settings as a means of empowering clients.

· Analyze and differentiate the ethical and legal duties that arise in social work practice.

· Be readily familiar with evidentiary burdens, standards of proof and its implications for social work practice.

· Understand the role and purpose of the social worker as a witness, percipient or expert, and be able to apply basic principles associated with testifying in a court proceeding.

· Identify and analyze the ethical dilemmas associated with social work values and the law and its impact upon policy and practice.

· Evaluate the intended and unintended consequences of the judicial process and its implications for the populations served.

METHODS OF INSTRUCTION

This class will use a combination of instructional approaches such as:

* Computer lab instruction

* Blackboard discussion topics

* Small group work

* Role-plays

* Case studies

* Lectures

* Educational videotapes

* Guest lectures

* Class discussions and peer evaluation

* Field Observation

REQUIRED TEXTBOOKS

Dolgoff, R., Loewenberg, F.M., & Harrington, D. (2005) Ethical decisions for social work practice (7^th Ed.) Belmont, CA: Thomson/ Brooks/Cole.

Reamer, F. (2003) Social work malpractice and liability (2^nd Ed.). New York: Columbia University Press.

Saltzman, A. & Furman, D. (1999) Law in Social Work Practice. Belmont: Wadsworth.

Shapiro, I. (1998) The new dictionary of legal terms. Flushing, NY: Looseleaf Law

Selected Readings - There will also be a course packet of selected readings that will be on reserve at the library.

RECOMMENDED TEXTBOOKS

Brodsky, S.L. (2004) Coping with cross-examination. Washington, DC: American Psychological Association.

Hays, S. (2003) Flat broke with children. New York, NY: Oxford University Press.

Solinger, R. (2001) Beggars and choosers: How the politics of choice shapes adoption, abortion, and welfare in the United States. New York: Hill and Wang.

COURSE REQUIREMENTS

The final course grade will be determined and based on the scores received on assignments and class participation. The composition of each is as follows:

* Court Observation (10%)

* Annotated Bibliography (15%)

* Policy Analysis Paper (40%)

* Advocacy Presentation (15%)

* Class participation, participation on Blackboard postings and attendance (20%)

This class will utilize the Blackboard Learning System as an electronic source of support and resource for students. There will be postings to the Blackboard Discussion board for each week based on the assigned readings. The discussion question(s) will be facilitated by student groups, but all students (except the posting group) will be expected to post their responses to them. The discussion question will be posted on the same day the topic is covered in class. Students will be expected to post their responses within the same week, but no later than the day before the next class (barring certain exceptions). So, for example, the Blackboard discussion question for Week 3 should be posted on September 26^th – and your response will

be due no later than October 2^nd. If you experience technical difficulties with the system, it is imperative that you let me as soon as possible in order to get the problem rectified.

GRADING SCALE

Grades will be assigned on the basis of performance of a combination of assignments, activities and class participation.

A= 100-90 points

B = 89-80

C = 79-70

D = 69-60

F = 59 and below

CLASS POLICIES

ATTENDANCE: Students are expected to attend all classes. Please do not expect that the instructor can “excuse” any absence, although circumstances may justifiable. Students missing more than two classes will receive a 10% reduction in their overall grade. Students missing three or more classes may fail the course. The instructor may use her discretion. Please let me know as soon as possible if you will not be attending class or if you have personal circumstances that are interfering with your ability to meet the attendance requirements of this class.

PARTICIPATION: It will be expected that you will be prepared to actively engage in class and Blackboard discussions. Assigned readings for the week should be completed prior to class. It is expected that students will demonstrate critical thinking skills commensurate with graduate study. While debate and different perspectives will be encouraged, it is anticipated that emotions may become involved in the process. Students will be asked to demonstrate respectful conduct towards one another, and to maintain confidentiality if a student has chosen to share personal information that contributes to the discussion.

LATE ASSIGNMENTS: Papers and assignments are due on time. Late submissions will be accepted, however, the grade value will be reduced by 20%. No paper or assignment will be accepted seven days after the deadline. The final paper and oral presentation has a firm due date (the last official day of class). Special circumstances requiring any modifications of these arrangements must be made in advance with the instructor.

SCHOLASTIC HONESTY: Students will be expected to conform to the rules of scholastic honesty as outlined in the University Catalog, which sets forth the University policies regarding plagiarism and academic misconduct. As such, students will be expected to produce their own work product and utilize appropriate references when required. If you are unsure or uncomfortable about your skills in this area, please contact the tutoring center for some assistance.

DISABILITIES OR SPECIAL LEARNING CONSIDERATIONS: If you are a student who requires special accommodations for a learning or other disability, please let me know as soon as possible. It is important to me that everyone in this class has a productive learning experience.

COURSE CONTENT

WEEK 1. The Legal Aspect of Social Work Practice ( 9/12 )

- Learning objectives

- Legal terminology and legal reasoning

- How to read the law

WEEK 2. Online Legal Research ( 9/19)

* Class meets at the Library, Room #L240 (Computer lab in the library)

- Introduction to Lexis/Nexis and Findlaw

- Learn case citations

* In class exercise: locating case citations and conducting subject searches

READINGS:

Saltzman: Ch.1, p.5-32 (Basic Legal Concepts)

Ch. 4, 77-118 (Locating and Using the Law)

WEEK 3. The Law and Ethics ( 9/26 )

- Confidentiality

- Privileged Communications

- Mandated Reporting

- Duty to Warn

- Subpoenas Duces Tecum

READINGS:

Saltzman: Ch. 18 p. 449-468 (Disclosure of Records)

Reamer, F.G. (2003) Ch. 2 Confidentiality and Privacy. (23-76).

Ch. 3 Service Delivery: Improper Treatment. (77-131).

Ch. 4 Service Delivery: Impaired Social Workers (132- 164). In Reamer, F.G., Social work malpractice and liability (2^nd Ed.). New York: Columbia University.

WEEK 4. Law and Ethics (cont.) (10/3)

- Confidentiality

- Privileged Communications

- Mandated Reporting

- Duty to Warn

- Subpoenas Duces Tecum

In class activity:

READINGS:

Dolgoff, Loewenberg, & Harrington (2005)

Ch. 3 Guidelines for Ethical Decision Making: Concepts, Approaches, and Values (pp.40-56)

Ch. 4 Guidelines for Ethical Decision Making: The Decision-Making Process and Tools (pp. 57-72)

Ch. 7 Value Neutrality and Imposing Values (114-123)

Ch. 8 Equality, Inequality, Limited Resources and Advocacy (pp. 124-135)

Ch. 9 The Professional Relationship: Limits, Dilemmas and Problems (pp.136-159)

Ch. 10 Bureaucratic and Work Relationships (160-179). In Dolgoff, R., Loewenberg, F.M., & Harrignton, D. (2005) Ethical decisions for social work practice (7^th Ed.) Belmont, CA: Thomson/ Brooks/Cole.

WEEK 5. Social Justice, Due Process, and Equal Protection (10/10)

- Procedural due process

- Substantive due process

* Video: “The Road to Brown”

READINGS:

Saltzman: Ch. 2, p.33-54 (The hearing process)

Ch. 5, p. 121-158 (Basic constitutional concepts & principles)

Reader:

Bird, D. G. (2003) Life on the line: Pondering the fate of a substantive due process challenge to the death penalty. 40 American Criminal Law Review 1329.

Furbee, A.A. (2005) CASENOTES: Legal Crossroads: The hearsay rule meets the Sixth Amendment confrontation clause in Crawford v. Washington. 38 Creighton Law Review 999.

WEEK 6. Criminal Procedure (10/17)

- Stages of criminal proceedings

- Rights of the accused

READINGS:

Saltzman: Ch. 6, p. 159-191 (Prosecution and punishment of adult offenders)

Reader:

Cutler, D.L., Bigelow, D., Collins, V., Jackson, C., Field, G. (2002) Why are severely mentally ill persons in jail and prison?. In Backlar, P., Cutler, D.L. (Eds.) Ethics in Community mental health care (137-153). NY: Kluwer Academic / Plenum Publishers

Roberts, D.E. (2004) The social and moral cost of mass incarceration in African American communities. 56 Stanford Law Review 1271.

Butler, P. (2004) Much respect: Toward a hip-hop theory of punishment. 56 Stanford Law Review 983.

WEEK 7. Regulating the Poor (10/24)

- Regulations regarding public benefits: TANF, Food Stamps, MediCal, & Disability

* Guest Speaker: Representative from Community Services Agency, Stanislaus County

* Court observation paper DUE

READINGS:

Reader:

Cancian, M. (2001) Rhetoric and reality of work-based welfare reform. Social Work, 46 (4) 309-314.

Whitaker, I.P. & Time V. ( 2001) Devolution and welfare: The social and legal implications of state inequalities for welfare reform in the United States. Social Justice, 28 (1) 76-90.

Mink, G. (1998) Feminists, welfare reform, and welfare justice. Social Justice, 25 (1) 146-157.

Helco, H. (1994) Poverty politics. In S. ____, Sandefur, & D. H. Weinberg (Eds.) Confronting Poverty: Prescriptions for change (pp. 396 – 437).

WEEK 8. The Juvenile Court (10/31 )

- Doctrine of parens patriae

- Dependency and Delinquency Hearings

- W&I Code 300 & 600

- Concurrent Planning

* In-class discussion and case study

READINGS:

Saltzman: Ch. 7, p. 193-213 (Adjudication & treatment of juvenile offenders)

Ch. 9, p. 247-269 (Adoption)

Reader:

Albert, R.. (2000) Imposing the death penalty on juveniles. In Albert, R., Law and social work practice (2^nd ed.). New York: Springer Publishing, Inc.

Crossley, W.L. (2003) Defining reasonable efforts: Demystifying the state’s burden under federal child protection legislation. 12 Boston University Public Interest Law Journal 259.

Perry, N.W., McAuliff, B.D., Tam, P., Claycomb, L., Dostal, C., & Flanagan, C. (2001) When lawyers question children: Is justice served? In R. Bull (Ed.) Children and the law (pp.304- 331).

WEEK 9. Legal Issues for Dependent Adults and Elders (11/7)

- Elder abuse

- Social Security Regulations & Medicare

* Guest speaker: Adult Protective Services, Stanislaus County

* In-class exercise: Writing health care directives

* Annotated Bibliography Due

READINGS:

Reader:

Rittman, M. Kuzmeskus, L.B., Flum, M.A. (1999) A synthesis of current knowledge on minority elder abuse. In Tatara, Toshio (Ed.) Understanding elder abuse in minority populations (221-237). Philadelphia, PA: Brunner/Mazel

Cohen, E.S. (1996) Resolving ethical dilemmas arising from diminished decision-making capacity of the elderly. In M. Smyer, K.W. Schaie, & M.B. Kapp (Eds.) Older adults’ decision-making capacity and the law (pp. 162-181).

Baker, F.M. (1998) Assessing competency in the elderly. (pp. 27-40).

Hay, D.P., Hay, L.K., & Fagala, G.E. (1998) Psychiatric disorders affecting competency. (pp. 41-58)

WEEK 10. Legal Issues for the Mentally Ill (11/14)

- Rights and access to treatment

- Conservator ship and Guardianship

- LPS gravely disabled conservator ship

- Informed consent (voluntary vs. involuntary)

- The Riese Decision and Hearing

Guest Speaker: Dr. Michael Johnson

* In-class exercise: case studies and role play on assessing mental capacity

READINGS:

Saltzman: Ch. 14, p 373-399 (Commitment & treatment of persons with mental disabilities)

Ch. 15, p. 401-414 (Competency & guardianship of persons with mental and physical

disabilities)

Reader:

Hiday, V.A., Swartz, M.S., Swanson, J.W., Borum, R., Wagner, H.R. (2002) Coercion in mental health care. In Backlar, P., Cutler, D.L., Ethics in community mental health care (117-135). NY: Kluwer Academic / Plenum Publishers

Klepner, D.E. (2005) Sell v. United States: Is the Supreme Court a dose of bad medicine: The constitutionality of the right to forcibly medicate mentally ill defendants for purposes of trial competence. 32 Pepperdine Law Review 727.

WEEK 11. Domestic Violence & Immigration Laws (11/21)

- Reporting requirements

- Restraining orders

- VAWA

* Guest Speaker: Lyn Kirkconnell & Judy McDonnell, Catholic Charities

READINGS:

Reader:

Bangs, C. & Albert, R. (2000). The civil rights remedy of the Violence Against Women Act of 1994. In Albert, R., Law and social work practice (2^nd ed.) (pp 359-380)+. New York: Springer Publishing, Inc.

Kohn, L.S. (2001) Why doesn’t she leave? The collision of first amendment rights and effective court remedies for victims of domestic violence. 29 Hastings Constitutional Law Quarterly 1

Lederman, C.S., Malik, N.M., Aaron, S.M. (2000) The nexus between child maltreatment and domestic violence: A view from the court. 2 Journal of the Center for Children & the Courts 129

Trepiccone, M.A. (2001) At the crossroads of law and social science: Is charging a battered mother with failure to protect her child an acceptable solution when her child witnesses domestic violence? 69 Fordham Law Review 1487

WEEK 12. Testifying in Court and the Role of Evidence (11/28)

- Expert and percipient witnesses

- Evidentiary burdens

* In-class activity: case studies re testifying in court

READING:

Saltzman: Ch.3, pp.55-76 (Social Workers and the Hearing Process)

Reader:

Brodsky (2004) Chapters 10 (pp. 50-55), 16-18 (77-89), 21 (98-102), 23-28 (112-137), 32 (154- 157), 41-44 (193-205), and 47 (216-220). In Brodsky, S.L. (2004) Coping with cross-examination. Washington, DC: American Psychological Association

WEEK 13. Advocacy Presentations (12/5)

***Policy Analysis paper DUE

BIBLIOGRAPHY

Albert, R. (2000) Law and social work practice (2^nd ed.). New York: Springer Publishing, Inc.

Alexander, R. (1989) The right to treatment and correctional institutions. Social Work, 34 (2), 109-114

Backlar, P., Cutler, D.L. (Eds.) (2002) Ethics in Community mental health care. NY: Kluwer Academic / Plenum Publishers

Bainham, A., Day Sclater, S., Richards, M. (Eds.) (1999) What is a parent? A socio-legal analysis. Portland: Hart Publishing

Barker, R. L., Branson, D. M. (1993). Forensic social work: Legal aspects of professional practice. New York: Haworth.

Barth, R.P. (1996) The juvenile court and dependency cases. The Future of Children, 6 (3) 100-110

Bentley, K.J. (1993) The right of psychiatric patients to refuse medication: Where should social workers stand? Social Work, 38 (1), 101-106.

Blum, H.J. (2000, December) Effective use of the lay and expert witness in dependency cases: The lawyer’s dilemma. Paper presented at the Pre-Conference Symposium at the annual Beyond the Bench Conference, Universal City, CA

Bull, R. (Ed) (2001) Children and the law. Great Britain: Blackwell Publishers

Congress, E.P. (1999) Social work values and ethics: Identifying and resolving professional dilemmas. Belmont, CA: Wadsworth Group / Thomson Learning.

Costello, J.C. (1999) Representing children in mental disability proceedings. 1 Journal of the Center for Children and the Courts 101-120

Cull, L., Roche, J. (Eds.) (2001) The law and social work. The Open University: Palgrave Publishers

Currier, K.A., Eimermann, T.E. (1998) Introduction to law for paralegals. Aspen: Aspen Law and Business

Darbinian, S., Stanton, S. (2000) Techniques to improve your effectiveness as potential witnesses. Napa County Counsel Training for Children’s Services Workers, Napa, CA

DiCarlo, V. (2001) A summary of the Rules of Evidence: The essential tools for survival in the courtroom. Retrieved November 11, 2001 from http://www.dicarlolaw.com/RulesofEvidenceSummary.htm

Dolgoff, R., Lowenberg, F.M., Harrington, D. (2005) Ethical decisions for social work practice (7^th ed.). Belmont, CA: Thomson/ Brooks/Cole.

Friesen, B. (1990) Social worker empowerment in child protections court. Springfield, IL: Charles C. Thomas, Publisher

Gross, B.H., Weinberger , L.E. (Eds.) (1982) The mental health professional and the legal system. San Francisco: Josey-Bass Inc.

Hegland, K.F., Bogutz, A.D. (1999) Fifty and beyond: The law and your parents need to know. Durham, N.C.: Carolina Academic Press

Helfer, M.E., Kempe, R.S., Krugman, R.D. (1997) The Battered Child (5^th ed.). Chicago: University of Chicago Press

Herman, S. P. (1999) Child custody evaluations and the need for standards of care and peer review. 1 Journal of the Center for Children and the Courts 139-150

Honigsberg, P.J., Legal research, writing, and analysis (8^th ed.). Chicago: Harcourt Brace Legal & Professional Publications, Inc.

Hubner, J., Wolfson, J. (1996) Somebody else’s children. New York: Three Rivers Press, Inc.

Kohn, L.S. (2001) Why doesn’t she leave? The collision of first amendment rights and effective court remedies for victims of domestic violence. 29 Hastings Constitutional Law Quarterly 1

Lederman, C.S., Malik, N.M., Aaron, S.M. (2000) The nexus between child maltreatment and domestic violence: A view from the court. 2 Journal of the Center for Children & the Courts 129

Levesque, R.J.R. (2000) Cultural evidence, child maltreatment and the law. Journal of the American Professional Society on the Abuse of Children, 5 (2) May, 146-160

Lyon, T.D., Saywitz, K.J. (1999) Young maltreated children’s competencies to take oath. Applied Developmental Science, 3(1) 16-27

Madrid, J. (1999) My court experience. 1 Journal of the Center for Children and the Courts 3-5

Myers, J.E.B.(1998) Legal Issues in Child Abuse and Neglect Practice (2^nd ed.). Thousand Oaks, CA: Sage Publications

Pearson, K.C. (1998) Cooperate or we’ll take your child: The parents’ fictional voluntary separation decision and a proposal for change. 65 Tennessee Law Review 835-873

Pollack, D. (1997) Social work and the courts: A casebook. New York: Garland Publishing

Polowy, C.I., Gorenberg, C. (1997) Client confidentiality and privileged communications. Office of General Counsel Law Notes, NASW Legal Defense Service, NASW

Polowy, C.I., Gilbertson, J. (1997) Social workers and subpoenas. Office of General Counsel Law Notes, NASW Legal Defense Service, NASW

Quinn, M.J., Tomita, S.K.(1997) Legal intervention. Elder abuse and neglect (2^nd ed.) (255-294). NY: Springer Publishing Co.

Raymond, S.L. (1999) Where are the reasonable efforts to enforce the reasonable efforts requirements?: Monitoring state compliance under the Adoption Assistance and Child Welfare Act of 1980. 77 Texas Law Review 1235-1269

Reamer, F. G. (1994) Social work malpractice and liability. New York: Columbia University.

Reamer, F. G. (2001) Tangled relationships. New York: Columbia University.

Rittman, M. Kuzmeskus, L.B., Flum, M.A. (1999) A synthesis of current knowledge on minority elder abuse. In Tatara, Toshio (Ed.) Understanding Elder Abuse in minority populations (221-237). Philadelphia, PA: Brunner/Mazel

Sagatun, I. J., & Edwards, L. P. (1995). Child abuse and the legal system. Chicago: Nelson-Hall.

Saltzman, A., Furman, D.M. (1999) Law in social work practice (2^nd ed.). Chicago: Nelson-Hall

Smyer, M. Schaie, K.W., Kapp, M.B. (Eds.) (1996) Older adults’ decision-making and the law. NY: Springer Publishing

Stein, T. J. (1998) Child welfare and law. Washington, DC: Child Welfare League of America.

Trepiccone, M.A. (2001) At the crossroads of law and social science: Is charging a battered mother with failure to protect her child an acceptable solutions when her child witnesses domestic violence? 69 Fordham Law Review 1487

Vogelsang, J. (2001) The witness stand: A guide for clinical social workers in the courtroom. New York: Haworth Social Work Practice Press

Williams, C.R., Arrigo, B.A. (2002) Law, psychology and justice: Chaos theory and the new (dis)order. Albany: State University of New York Press

Yelin, A.B., Sanborn, H.R. (1996) The legal research and writing handbook: A basic approach for paralegals. Chicago: Little, Brown & Co

SW 5037 Social Work, Law and the Courts

ASSIGNMENT 1: Court Observation

10 points

DUE: _________________________

Purpose: For students to gain some perspective on the court environments of our current judicial system, and to understand its implications upon policy and practice.

Instructions: Select a court of your choice: family law court, juvenile court (dependency or delinquency), criminal court, probate court, or drug court. Observe the proceedings that occur that day – take note of how the court personnel interact, the role and relationship of attorneys and their clients, and your own impressions and feelings of what you are observing. From your notes, prepare a paper that discusses the following questions. Papers must be typed, double-spaced, and a minimum of five pages.

1. Which court did you observe?
2. What types of cases are heard in this court?
3. What were your observations regarding the ambiance of the court room itself?
4. What were your observations about the interactions between courtroom personnel? Among attorneys and the judge? Among attorneys and their clients?
5. Did anything seem confusing to you?
6. Describe the nature of proceedings that occurred during your observation?
7. What insights/ opinions/ reflections/ impressions did you develop about the legal system as a result of your observations?
8. Given the population you currently work with or intend to work with, how might your clients be impacted by the nature of the judicial process?

Grades will be based on the student’s own thoroughness, clarity, and organization. Papers should reflect some critical thinking about your experiences and its relationship to social work and the populations we serve.