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Understanding Legal Concepts That Influence Social Welfare Policy and Practice

ISBN-10: 0534596614
ISBN-13: 9780534596613
Edition: 2003
List price: $172.95 Buy it from $0.01 Rent it from $70.04
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Description: The law plays an important role in influencing social welfare policy and social work practice. Court decisions in policy areas, whether the rulings are perceived as positive or negative, determine what social welfare policy is and what social  More...

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Book details

List price: $172.95
Copyright year: 2003
Publisher: Wadsworth
Publication date: 5/13/2002
Binding: Paperback
Pages: 216
Size: 6.30" wide x 9.09" long x 0.59" tall
Weight: 0.946
Language: English

The law plays an important role in influencing social welfare policy and social work practice. Court decisions in policy areas, whether the rulings are perceived as positive or negative, determine what social welfare policy is and what social workers do. By reading this book, social work students will gain a useful understanding of and application of key legal concepts that influence social welfare policy. Instead of just telling students that the law has a major influence on social welfare policy, this book will teach students basic constitutional and legal principles as well as how and why the law shapes social welfare policies and social work practices. For example, students will learn that one legal concept, such as the liberty component in the Fourteenth Amendment to the U S. Constitution, affects a social worker's professional reputation, adoption, mental health treatment in an institutional setting, receipt of public assistance from a state where a person has just moved, dismissal of a student from a school of social work, and child welfare.

Carolyn Calloway-Thomas is an associate professor and director of the Preparing Future Faculty program in the Department of Communication and Culture at Indiana University. She is coauthor of Intercultural Communication: A Text with Readings (2007) and Intercultural Communication: Roots and Routes (1999) , and coeditor of Dr. Martin Luther King, Jr. and the Sermonic Power of Public Discourse (1993). Her teaching and research areas are intercultural communication, public dialogue in America, civic engagement, pedagogy, and communication in black America. In 2007, Professor Calloway-Thomas was invited to participate in the Oxford Round Table conference on diversity and public policy at Oxford University in England. Her national awards include a Ford Postdoctoral fellowship, a Fulbright scholarship to Nigeria, West Africa , a Carnegie scholarship, the National Communication Association's Robert J. Kibler award, and the Distinguished Alumni award from Grambling State University. She holds a B. S. degree from Grambling College, an M.A. degree from University of Wisconsin, and a Ph.D. degree from Indiana University.Carolyn Calloway-Thomas is an associate professor and director of the Preparing Future Faculty program in the Department of Communication and Culture at Indiana University. She is coauthor of Intercultural Communication: A Text with Readings (2007) and Intercultural Communication: Roots and Routes (1999) , and coeditor of Dr. Martin Luther King, Jr. and the Sermonic Power of Public Discourse (1993). Her teaching and research areas are intercultural communication, public dialogue in America, civic engagement, pedagogy, and communication in black America. In 2007, Professor Calloway-Thomas was invited to participate in the Oxford Round Table conference on diversity and public policy at Oxford University in England. Her national awards include a Ford Postdoctoral fellowship, a Fulbright scholarship to Nigeria, West Africa , a Carnegie scholarship, the National Communication Association's Robert J. Kibler award, and the Distinguished Alumni award from Grambling State University. She holds a B. S. degree from Grambling College, an M.A. degree from University of Wisconsin, and a Ph.D. degree from Indiana University.Rudolph Alexander, Jr. is a professor and the Director of the BSSW Program at the Ohio State University.

Introduction: Rationale, Foundation and Explanation of Constitutional Law, and Organization
Rationale for Text
Foundation and Explanation of Constitutional Law
How the Federal Courts Work
Organization of Text
Conclusion
Key Terms and Concepts
Basic and Key Legal Concepts and Principles
Substantive and Procedural Law
Sources of Law
Why Conflicts Occur Between Government and Individuals
Government Powers and Responsibilities
Individual Rights
Clashes Between Government and Individuals
Constitutional Principles
No State Shall Make or Enforce Any Law Which Shall Abridge the Privileges or Immunities of Citizens of the United States
Liberty
Property
Due Process
Equal Protection
Right to Privacy
Legal Tests to Determine the Constitutionality of a Statute or Policy
Legal Standards to Decide Civil and Criminal Proceedings
Absolute and Qualified Immunity
Conclusion
Key Terms and Concepts
Child Protection and the Law
Legal Standard for Separation of Parent and Child
Legal Standard for Parental Rights Termination
Cases in Which Parental Terminations Were Upheld
Cases in Which Parental Terminations Were Reversed
Fetuses as Children Needing Protection
Protection of Children from Violence
Protection of Children from Caseworkers' Decisions
Implications for Social Welfare Policy and Practice
Conclusion
Key Terms and Concepts
Legal Aspects of Adoption Policy and Practices
Federal Statutes Governing Adoption
Native American Adoption
One State Statute Governing Adoption
Legal Cases Concerning Adoption Issues
Adoption Subsidy
Gay and Lesbian Adoption
Transracial Adoption
Access to Adoption Records
Implications for Social Welfare Policy and Practice
Conclusion
Key Terms and Concepts
Legal Challenges Shaping Public Assistance
Legal Requirements for Terminating Benefits
TANF and the Right to Travel
Legal Restrictions on Receiving Food Stamps
Social Security Disability Benefits
Legal Congruence of Social Security Disability Insurance and the Americans with Disabilities Act
Drug Testing of Recipients Receiving Public Assistance
Implications for Social Welfare Policy and Practice
Conclusion
Key Terms and Concepts
The Law's Effect on Mental Health Policy
Legal Principles Affecting Mental Health Policy
Intervening with Individuals with Mental Illness
Standard of Proof Needed for Civil Commitment
Right to Mental Health Treatment in Mental Institutions
Right to Mental Health Treatment in the Least Restrictive Setting
Right to Mental Health Treatment in Correctional Institutions
Right to Refuse Mental Health Treatment
State Mental Institutions
Correctional Institutions
Access to Mental Health Records
Implications for Social Welfare Policy and Practice
Conclusion
Key Terms and Concepts
Legal Liability and Malpractice Affecting Social Workers
Malpractice in Child Protection
Malpractice in the Adoption Process
Duties of Mental Health Clinicians
Duty to Warn of Clients' Threats of Physical Harm
Duty to Not Harm Third Parties Socially and Mentally
Duty to Not Sexually Exploit Clients
Implications for Social Welfare Policy and Practice
Conclusion
Key Terms and Concepts
Legal Contentions of Social Workers
Social Work Professionals and Employment Issues
Standard for Deciding Discrimination in Employment
Wrongful Discharge
Employment Discrimination from Sexual Harassment
Religious Objections to Some Clients
Implications for Social Welfare Policy and Practice
Conclusion
Key Terms and Concepts
Conclusion
Glossary of Terms
References
Index

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