Forensic Social Work: Legal Aspects of

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.

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

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

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

Summary

Author Biography

Table of Contents

Supplemental Materials