Tina M. Souders, MSW, LCSW, JD
Director- Winston-Salem Distance Education MSW Programs
741 N. Highland Ave. 5th Floor
Winston-Salem, NC 27101
Office: (336) 703-3398
Email: tsouders@email.unc.edu
Fax: (336) 703-3425
Course Number:
SoWo 730
Course Title:
Social Work and the Law
Instructor:
Tina M. Souders, MSW, LCSW, JD
Clinical Assistant Professor
Spring 2010 Schedule:
Friday, 1pm-4pm
COURSE DESCRIPTION:
This course provides familiarity with legal process, legal research and legal analysis within the context
of socio-legal issues important to social work practice. This course will examine and provide
familiarity with basic legal principles and topics, as well as their relationship to the social work
profession. Focus will be on legal impacts of the court system and the legislative system. The
relationship of ethics and the law will be explored within a variety of contexts. The course will also
review the knowledge and skills social workers need in order to work within the legal system on behalf
of clients. Specific topics will include child welfare, civil rights, crime and delinquency, mental health
and the regulation of social work practice.
COURSE OBJECTIVES: At the conclusion of this course, students will demonstrate:
1. Familiarity with the legal processes, including:
a. The judicial process emphasizing case analysis, case law development and synthesis
b. The legislative process emphasizing legislative analysis, advocacy and judicial
interpretation of legislation
c. The administrative process emphasizing the rule making process and general
administrative authority
2. Skills and techniques necessary for working with systems and situations often encountered
when social work and law converge, including:
a. Legal research and analysis
b. Preparation and presentation of court testimony, including acting as an expert witness
c. Understanding privileged communications, confidentiality, ethics and the effect on the
social work/client relationship
d. Understanding how individuals and families are impacted by the legal system
3. An understanding of how the law and the social environment relate, with a basic familiarity of
the following substantive socio-legal topics: constitutional law (including civil rights,
1
discrimination and harassment), criminal law, child welfare (including child abuse and neglect,
foster care and adoption), marriage and divorce (including child custody and child support),
domestic and societal violence, education, mental illness, physical disabilities, health care and
professional social work issues (including licensure requirements, liability and malpractice
issues, ethical issues, and collaborations between lawyers and social workers).
4. An understanding of how the law affects and reflects diversity (or a lack thereof) in our society,
including:
a. Race, ethnicity and cultural differences
b. Religion
c. Gender and sexual orientation
d. Disability
5. An understanding of the relationship between social work advocacy, the law and legal skills.
6. An understanding of how the legal system can be used to advance policies promoting social
and economic justice.
REQUIRED TEXTS:
Stein, T.J. (2004). The role of law in social work practice and administration. NY: Columbia
University Press. (hereafter referred to in syllabus as Stein)
ADDITIONAL READINGS: Additional required readings will be identified by instructor
throughout the course.
TEACHING METHODS:
This course is designed as a seminar in which students explore issues, approaches and options related
to legal issues and macro social work practice. A variety of teaching and learning methods, including
lectures, small and large group discussions, take home assignments and student group projects will be
used in the course. Selected community practitioners and SSW or other University faculty may serve
as course resources on specific topics.
Students are expected to actively participate, drawing from assignments, readings, field placements,
and their other previous or current work experiences. The instructor will be available by appointment,
and by telephone and email to address questions that may arise between class sessions. The
development of a supportive learning environment, reflecting the values of the social work profession,
is essential for the success of this class. The contributions of students to making this a safe and
respectful class for learning and growth will be noted and appreciated.
GRADING POLICY:
As a graduate seminar, the course has high expectations for reading, analyzing, and critiquing
professional literature; engaging in class discussions; participating in and analyzing experiential
exercises; completing take home assignments; leading assigned discussions and presenting your own
work for collegial discussion. Course assignments are described below and will be discussed more
thoroughly in class sessions. Students are expected to turn in all assignments on time.
All written assignments are expected to show evidence of critical thinking as well as thoughtful
consideration of the literature, practice experience and other relevant resources (for example interviews
or research studies). Written assignments are expected to include in-text citations and a summary list
of references following the APA Style Manual. Assignments should be word-processed or typed
employing correct English usage, grammar, punctuation and spelling. To be acceptable for advanced
2
graduate work, assignments must be at a level of professionalism expected of professional managers
and community practitioners. If the instructor deems that an assignment does not meet such
professional standards, the student may be given an opportunity to revise and resubmit the assignment.
The School of Social Work operates on an evaluation system of Honors (H), Pass (P), Low Pass (L),
and Fail (F). For this class, the numerical values are:
H = 94-100
P = 80-93
L = 70-79
F = 69 and below.
A grade of P is “entirely satisfactory.” On a traditional grading scale, a P would range from a B- to A-.
The grade of (H) Honors signifies that the work is clearly excellent in all respects.
Since the course is structured as a graduate seminar, its success depends upon your active participation.
Throughout the semester, take home assignments will be distributed and are expected to be completed
prior to the next class period. Students are expected to attend all class sessions. If you must miss a
class, please contact the instructor prior to the session to make plans regarding work missed. An
effective seminar enables participants to examine new ideas, demonstrate new skills and abilities, and
to have them validated by peers in a risk-free environment.
In class, be prepared to use the following skills-- which are basic skills needed in all management and
community practice settings:
 Actively listening to the ideas and view of others;
 Being able to understand and appreciate the meaning of a point of view that is different from
your own;
 Articulating clearly your own point of view; linking experience to readings and assignments;
 Sharing personal ideas and constructs;
 Working to clarify and test the meanings of communications;
 Providing effective and appropriate feedback;
 Openly receiving feedback;
 Collaboratively pursuing questions and ideas;
 Constructing conceptual frameworks and/or program plans individually or collaboratively with
colleagues;
 Working constructively in dyads and small groups to participate in learning exercises and
complete required assignments.
COURSE ASSIGNMENTS:
Seminar Participation: Attendance, preparation, utilization of the study guide,
quizzes and class participation
In addition to the active participation requirement noted above, quizzes will
be given each class during the semester. Students who are absent or otherwise
not present when a quiz is given WILL NOT be able to make-up the quiz.
25%
Courtroom observation & reaction paper OR Legal issue in the news analysis:
DUE March 5, 2010
See handout for more information
15%
3
Legal research paper & courtroom testimony:
One page summary DUE February 26, 2010
Paper DUE April 9, 2010
Courtroom testimony DUE April 16, 2010
See handout for more information
35%
Final Exam:
April 30, 2010
25%
POLICY ON INCOMPLETES, LATE ASSIGNMENTS, AND ABSENCES:
A grade of Incomplete will be given only in extenuating circumstances and in accordance with
University policy. Assignments are due in class on the day noted in this syllabus. Please plan your
schedule so that you will have the assignment completed on time.
If because of illness or a professional commitment you have to miss a class session, please inform the
instructor via phone, email or in person as soon as possible and make arrangements with a colleague to
get notes and learning resources used that day. If you must miss class on the day an assignment is due,
make arrangements with the instructor to turn the assignment in before the due date in either paper or
electronic copy.
POLICY ON ACCOMODATIONS FOR STUDENTS WITH DISABILITIES:
Students who require accommodations in relation to class participation or assignment completion
should notify the instructor on the first day of class and provide a brief written statement in relation to
needed formats.
HONOR CODE EXPECTATIONS AND POLICY ON ACADEMIC DISHONESTY: Please
refer to the APA Style Guide, the SSW Manual, and the SSW Writing Guide for information on
attribution of quotes, the crime of plagiarism and appropriate use of assistance in preparing
assignments. All written assignments should contain a signed pledge from you stating that, “I have not
given or received unauthorized aid in preparing this written work, and I have not plagiarized the work
of anyone else from books articles, web sites or personal communication.”
In keeping with the UNC Honor Code, if reason exists to believe that academic dishonesty has
occurred, a referral will be made to the Office of the Student Attorney General for investigation and
further action will be taken as required.
OFFICE HOURS: By appointment
4
READINGS AND COURSE OUTLINE
The format for this course is based on the assumption that students are prepared and active learners.
Reading the assigned materials prior to the date for which they are assigned is a prerequisite to getting
the most out of class sessions and successfully meeting the course objectives.
1st Class: Introduction and Overview of the Law and the Legal System
January 15, 2010
Review syllabus and course requirements
Intersection of social work and law
Federal and State Court Systems
Terms of art
Required Readings:
Stein- Chapter 1
What is Law? (Bb)
NASW Code of Ethics 1.06
2nd Class: Sources of Law
January 22, 2010
Constitutional Law
Statutory Law and Interpretation
Legal Analysis
Administrative Law
Constitutional concepts and principles
Required Readings:
Stein- Chapter 2
Romantz & Vinson – Chapter 1 and Chapter 4 (Bb)
Saltzman- Chapter 5- pages 122-139 (Bb)
US Constitution
NC Constitution
Recommended Readings:
Understanding Federal Courts (Bb)
NC Judicial System (Bb)
Madden, R.G. & Wayne, R.H. (2003). Social work and the law: A therapeutic jurisprudence
perspective. Social Work, 48(3), 338-347.
3rd Class: Sources of Law (con’t) and Locating the Law
January 29, 2010
Civil and Criminal Law
Case Law
Locating law
Computerized legal research
5
Required Readings:
Stein- Chapter 3 and 4
4th Class: Reading the Law
February 5, 2010
Reading the Law
Required Readings:
Sunnyland v. State of Chapel Hill (Bb)
Monroe v. State of Chapel Hill (Bb)
5th Class: Social Workers and the Courts
February 12, 2010
Forensic Social Work
Social workers as expert witnesses
Rules of evidence and testimony
Confidentiality, duty to warn, privileged communication
Required Readings:
Stein- Chapter 5 (pp. 104-121) and Chapter 6
N.C. Gen. Stat. § 8C, Rule 702 (2007)
N.C. Gen. Stat. § 8-53.7 – Privilege statute
NASW Code of Ethics – Sec. 1.07
N.C. Admin. Code 21 NCAC 63 .0507
Sarnoff, S. (2004). Social workers and the witness role: Ethics, law and roles. Journal of Social
Work Values and Ethics..
(go to http://www.socialworker.com/jswve/ Fall 2004, Vol. 1, #1)
Recommended Readings:
Visit http://www.nofsw.org/ homepage for the National Organization of Forensic Social
Work
Tarasoff v. The Regents of the University of California, 526 P.2d 553 (Cal. 1974).
Tarasoff v. The Regents of the University of California, 551 P.2d 334 (Cal. 1976).
Jaffe v. Redmond, 518 U.S. 1 (1996).
Gregory v. Kilbride, 150 N.C. App. 601, 565 S.E.2d 685, (2002).
Guin, C. C., Noble, Dorinda N., & Merrill, T. S. (July 2003). From misery to mission: Forensic
social workers on multidisciplinary mitigation teams. Social Work, 48, 362-371.
Saltzman and Furman – Chapter 6 (Bb)
6th Class: Professional Liability & Regulation of the Profession
February 19, 2010
Professional responsibility and ethics
Licensing standards
Professional liability/ malpractice
6
Required Readings:
Stein- Chapter 7
N.C. Gen. Stat. Chapter 90B. Social Worker Certification and Licensure Act.
N.C. Administrative Code- 21 NCAC 63 Social Work Certification
NASW Code of Ethics
Reamer, F.G. (2000). The social work ethics audit: A risk-management strategy. Social Work,
45(4), 355-366.
Lynch, J. G., and Versen, G.R. (2003). Social work supervisor liability: Risk factors and
strategies for risk reduction. Administration in Social Work, 27(2), 57-72.
7th Class: Marriage, Divorce, Custody & Support
Who can marry?
How can you divorce?
Child custody and child support
February 26, 2010
One page
summary of legal
research paper
due today!
Required Readings:
Stein- Chapter 8
Use Lexis/Nexis Academic to read Annotated Statutes below:
N.C. Gen. Stat. § 50-4, § 50-5.1, § 50-6, § 50-7, § 50-11, § 50-11.1, § 50-13.2, §
50-13.7 and § 50-20.
N.C. Gen. Stat. § 50A-101 and § 50A-102.
N.C. Gen. Stat. § 52-10.2
N.C. Gen. Stat. § 49-11
N.C. Gen. Stat. § 48A-2
Settles, B.H. Zhao, J., Mancini, K.D., Rich, A., Pierre, S., & Oduor, A. (2009). Grandparents
caring for their grandchildren: Emerging roles and exchanges in global perspectives.
Journal of Comparative Family Studies, 40(5), 827-848.
Recommended Readings:
Cannon v. Miller, 71 N.C. App. 460, 322 S.E.2d 780 (1984).
N.C. Gen. Stat. Chapter 50 – Divorce and Alimony
N.C. Gen. Stat. Chapter 50A – Uniform Child-Custody Jurisdiction and Enforcement Act
N.C. Gen. Stat. Chapter 51 – Marriage
N.C. Gen. Stat. Chapter 52 – Powers and Liabilities of Married Persons
N.C. Gen. Stat. Chapter 52C – Uniform Interstate Family Support Act
N.C. Gen. Stat. Chapter 49 – Bastardy
7
8th Class: Mental and Physical Disabilities, Health Care
March 5, 2010
Courtroom observation &
reaction paper OR legal
issue in the news analysis
paper due today!
Civil commitment
Mental illness and criminal law
Surrogate decision making
Required Readings:
Stein- Chapter 14 and Chapter 13
Use Lexis/Nexis Academic to read Annotated Statutes below:
N.C. Gen. Stat. § 122C-211 through § 122C-224.7
N.C. Gen. Stat. § 35A-1120, § 35A-1201, § 35A-1202, § 35A-1220 through § 35A-1225
NASW Code of Ethics 2.09 and 4.05
Recommended Readings:
Olmstead v. Zimring, 527 U.S. 581 (1999).
N.C. Gen. Stat. § 122C – Mental Health
N.C. Gen. Stat. § 130A- Public Health
N.C. Gen. Stat. § 168A- Persons with Disabilities Protection Act
N.C. Gen. Stat. § 35A – Incompetency and Guardianship
SPRING BREAK!
No class on March 12, 2010
9th Class: Education and Juvenile Court
SPRING BREAK!
March 19, 2010
Federal statutes affecting education
IDEA
Delinquent minors
Required Readings:
Stein- Chapter 9 and Chapter 10 (pp. 251-259)
Use Lexis/Nexis Academic to read Annotated Statutes below:
N.C. Gen. Stat. § 7B-1600, § 7B-1601, § 7B-1700 through § 7B-1706 and § 7B-2500 through
§ 7B-2516.
N.C. Gen. Stat. § 115C-1, § 115C-390 through § 115C-391.1
Recommended Readings:
Leandro v. State of North Carolina, 346 N.C. 336, 488 S.E.2d 249 (1997).
Plessy v. Ferguson, 163 U.S. 537 (1896).
Brown v. Board of Education, 347 U.S. 483 (1954) (Brown I).
Brown v. Board of Education, 349 U.S. 294 (1955) (Brown II).
N.C. Gen. Stat. Chapter 7B - Juvenile Code
N.C. Gen. Stat. Chapter 115C – Elementary and Secondary Education
8
10th Class: Domestic Violence
March 26, 2010
Protecting vulnerable populations
Elder abuse
Same-sex partner violence
Required Readings:
Stein- Chapter 12
Jordan, L.C. (2001). Elder abuse and domestic violence: Overlapping issues and legal
remedies. American Journal of Family Law, 15(2), 147-156.
Bergeron, L.R. (2001). An elder abuse case study. Caregiver stress or domestic violence? You
decide. Journal of Gerontological Social Work, 34(4), 47-63.
Use Lexis/Nexis Academic to read Annotated Statutes below:
N.C. Gen. Stat. § 50B-1 through § 50B-9 and § 50C-1 through § 50C-11
GOOD FRIDAY!
No class on April 2, 2010
11th Class: Care and Protection of Children-Adoption
Child abuse and neglect
Termination of parental rights
Issues in adoption
GOOD FRIDAY!
April 9, 2010
Legal research papers due today!
Required Readings:
Stein- Chapter 10 (to pp. 251) and Chapter 11
Use Lexis/Nexis Academic to read Annotated Statutes below:
NC Gen. Stat. § 7B-300 through § 7B-311, § 7B-500 through § 7B-507, § 7B-1100 through §
7B-1112
NC Gen. Stat. § 48-1-101 through § 48-1-108, § 48-3-100 through § 48-3-309 and § 48-9-101
through § 48-9-109
N.C. Gen. Stat. § 29-14, § 29-15, § 29-17 through § 29-19.
Recommended Readings:
DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989).
Lehr v. Robertson, 463 U.S. 248, (1983).
NC Gen. Stat. Chapter 7B- Juvenile Code
NC Gen. Stat. Chapter 48 - Adoptions
N.C. Gen. Stat. Chapter 29 – Intestate Succession
12th Class: STUDENT TESTIMONY
April 16, 2010
Student Testimony
9
13th Class: Contracts and other legal issues in the management of social work practice
April 23, 2010
Student Testimony, continued, if needed
Principles of contract law
Legal issues in agency management and private practice
Social work advocacy
Using the legal system to advance policy
Course review
Course evaluations
Required Readings:
Madden- Chapter 9 (Bb)
NASW Code of Ethics- 6.01 through 6.04
14th Class: FINAL EXAM
15th Class: MAKE-UP DAY FOR INCLEMENT WEATHER
April 30, 2010
May 7, 2010
10