GRADUATE COLLEGE OF SOCIAL WORK WWW.SW.UH.EDU COURSE TITLE/SECTION: Law & Social Work/SOCW 7307-1 (31101) TIME: THURSDAYS: 8:30 AM -11:30 AM CLASS DATES: JANUARY 17, 2013 THROUGH APRIL 25, 2013 FACULTY: WILL G. DICKEY, LMSW, JD E-mail: wgdickey@uh.edu 1. OFFICE HOURS: BY APPOINTMENT Phone: (713) 623-6464 FAX: (713) 623-0068 Course A. Catalog Description Cr.3. (3.0). Examines the interrelationship of law and social work, the Interpretation and application of law by social workers and attorneys on behalf of clients. Study of the perspectives, rights, and obligations of parents and children, social work consumers and clients, agency service providers, and professional practitioners. B. Purpose This course provides students with knowledge of the interrelationship of law and social work; incorporates the impact of statutes and regulations on clients and organizations; and provides the skills for legal research, analysis, and applications to social work practice. II. Course Objectives Upon completion of this course, students will be able to: 1. Understand the American legal system including legal reasoning and the legislative, regulatory and judicial processes; 2. Demonstrate and apply in practice knowledge of the major statutes and legal issues of relevance to social work practice in the areas of criminal justice, immigration, juvenile justice, child welfare, domestic relations, mental health, constitutional issues, health and education; 3. Demonstrate and apply in practice knowledge of the law directly related to social work practice, including certification and licensing, confidentiality, malpractice and other forms of professional liability and responsibility for reporting child abuse and neglect; 4. Appreciate the legal rights of clients and client groups, particularly their rights to due process and equal protection; 5. Recognize where discrimination and institutionalized forms of oppression exist LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 against racial minorities, women and other groups and identify the legal remedies against such discrimination and oppression; and, 6. Demonstrate skills in essential legal areas, including legal research, preparing for and testifying in court, and referring to and working with attorneys. III. Course Content Legal principles and procedures of special relevance to social work practice are presented in this course. The basic structure and operation of the American legal system is considered along with legal provisions related to: civil rights; crime and delinquency; child welfare, education, family development and crises; mental health commitment; guardianship; immigration; health; and the regulation of social work practice. Legal aspects of social work practice including confidentiality, privileged communication, record keeping, liability and malpractice will be presented. IV. Required Reading (Text Books) 1. Law in Social Work Practice. Saltzman, A. & Furman, D. (1999). 2. Texas Law for the Social Worker a Sourcebook. National Association of Social Workers Texas Chapter. Hays, J. Ray, McPherson, Robert & Hansen, Vicki. (2010). V. A. Course Requirements Reading Assignments: As set out under Class Plan & Assignments below. B. Written Assignments: Final Group Papers and PowerPoint Presentations: ASSIGNMENT TO BE PROVIDED STUDENTS IN SEPARATE RUBRIC SHORTLY VI. Evaluation and Grading A. CLASS PARTICIPATION: 20% (AS SHOWN IN ATTENDANCE, PUNCTUALITY, INVOLVEMENT IN CLASS DISCUSSIONS WHICH INDICATE THAT REQUIRED ASSIGNMENTS AND READINGS BEING DONE); B. LEGAL ISSUE PRESENTATIONS: 20%. C. CURRENT NEWS PRESENTATIONS ON LEGAL ISSUES IMPACTING SOCIAL WORKERS AND THEIR CLIENTS: 20%. D. FINAL PAPER & PRESENTATION: 40%. E. LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 The following standard grading scale has been adopted for all courses taught in the college. A= A- = B+= B= B- = VII. 96-100% of the points 92-95.9% 88-91.9% 84-87.9% 80-83.9% C+ = 76-79.9% C = 72-75.9% C- = 68-71.9% D = 64-67.9% F = Below 64% Policy On Grades Of “I” (Incomplete): 1. An incomplete (I) will be given to any student who does not complete both required papers. 2. The grade of "I" (Incomplete) is a conditional and temporary grade given when students are either (a) passing a course or (b) still have a reasonable chance of passing in the judgment of the instructor but, for non-academic reasons beyond their control have not completed a relatively small part of all requirements. Students are responsible for informing the instructor immediately of the reasons for not submitting an assignment on time or not taking an examination. Students must contact the instructor of the course in which they receive an “I” grade to make arrangements to complete the course requirements. Students should be instructed not to re-register for the same course in a following semester in order to complete the incomplete requirements. The grade of "I" must be changed by fulfillment of course requirements within one year of the date awarded or it will be changed automatically to an "F" (or to a "U" [Unsatisfactory] in S/U graded courses). The instructor may require a time period of less than one year to fulfill course requirements and the grade may be changed by the instructor at any time to reflect work complete in the course. The grade of "I" may not be changed to a grade of W. VIII. Policy On Academic Dishonesty And Plagiarism Students are expected to demonstrate and maintain a professional standard of writing in all courses, do one’s own work, give credit for the ideas of others, and provide proper citation of source materials. Any student who plagiarizes any part of a paper or assignment or engages in any form of academic dishonesty will receive an “I” for the class with a recommendation that a grade of F be assigned, subsequent to a College hearing, in accordance with the University policy on academic dishonesty. Other actions may also be recommended and/or taken by the College to suspend or expel a student who engages in academic dishonesty. All papers and written assignments must be fully and properly referenced using APA style format (or as approved by the instructor), with credit given to the authors whose ideas you have used. If you are using direct quotes from a specific author (or authors), you must set the quote in quotation marks or use an indented quotation form. For all direct quotes, you must include the page number(s) in your text or references. Any time that you use more than four or five consecutive words taken from another author, you must clearly indicate that this is a direct quotation. Please consult the current APA manual for further LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 information. Academic dishonesty includes using any other person’s work and representing it as your own. This includes (but is not limited to) using graded papers from students who have previously taken this course as the basis for your work. It also includes, but is not limited to submitting the same paper to more than one class. If you have any specific questions about plagiarism or academic dishonesty, please raise these questions in class or make an appointment to see instructor. This statement is consistent with the University Policy on Academic Dishonesty that can be found in your UH Student Handbook. IX. Bibliography 1. Schroeder, L. O. (1995). Legal Environment of Social Work. Washington DC: NASW Press. Haynes, John M. (1994). 2. The Fundamentals of Family Mediation. Albany, New York. State University of New York Press. 3. Haynes, Karen S. & Mickelson, James S. Affecting Change: Social Workers in the Political Arena. Pearson Education (2010) 4. Brammer, Allison K., Social Work Law, 3rd Revised Ed. Pearson Education Limited (2009) 5. Birnbaum, R., Mosher, Janet E., Law For Social Workers, 4th Ed., West Publishing (2010) X. Americans with Disabilities Statement Whenever possible, and in accordance with 504/ADA guidelines, the University of Houston will attempt to provide reasonable academic accommodations to students who request and require them. Please call 713-743-5400 for more assistance. XI. Course Schedule and Reading Assignments (Subject To Change As Needed) SPECIAL COMMENT ON READING ASSIGNMENTS: I will be supplementing additional excerpts from our resource reference text (Texas Law For The Social Worker [2010]) and other resources from time to time when appropriate and helpful. LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 Class Plan and Assignments January 17, 2013: Subjects: 1. 2. 3. 4. Go over syllabus. Introduction- Why is the study of law relevant to social workers? Some basic legal concepts and Principles for Social Workers. “Law & Social Work In the News.” Certain students are pre-assigned to bring to class a recent article, news or press release, report, comment related to the law in social work practice, (“Recent” meaning one within last 2 weeks). Provide Article, article summary and a written critical analysis of how it implicates social work, social workers and their clients. 5. “Legal Issue For the Day”: Legal issue provided by Professor for analysis by randomly assigned groups; We will compare and contrast each group’s analysis. Reading Assignment: 1. Saltzman Chapters 1 2. Citizens Guide to the Texas Legislature (pp.6-27) (On Blackboard) January 24, 2013: Subjects: 1. 2. 3. 4. 5. 6. “Law & Social Work In the News.” “Legal Issue For the Day” The Hearing Process & the Social Worker in the hearing process. Overview Structure Of The American Legal System; The Legislative, Regulatory, Administrative Hearings, And Judicial Processes; How Social Workers Can Influence The Law. Reading Assignment: 1. Saltzman Chapters 2 & 3 Video: Justice 101: The Client’s Guide To Litigation: Texas Young Lawyer’s Association (2007). Running Time: 22 minutes LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 January 31, 2013: Guest Lecturer & Law Library Tour: UH (O’Quinn) Law Library Tour at the Law School & Presentation on Legal Research- Guest lecturer: Matthew Mantel, mamantel@central.uh.edu, 713-743-2316 SPECIAL REQUEST: STUDENTS SHOULD BRING LAPTOPS FOR CLASS FOR THIS COMPUTERIZED LEGAL RESEARCH TRAINING Subjects: 1. “Law & Social Work In the News.” 2. “Legal Issue For the Day” 3. Locating and using legal sources. Reading Assignment: 2. Saltzman Chapter 4 February 7, 2013: Subjects: 1. “Law & Social Work In the News.” 2. “Legal Issue For the Day” 3. Prosecution & Punishment of Adult Offenders (Criminal Law) and Adjudication and Treatment of Juvenile Offenders. Reading Assignment: 1. Saltzman Chapter 5-7; 2. NASW Law Note: The Juvenile Justice System (2010) (On Blackboard) Video: 1. Juvenile Justice, Frontline (PBS, 2001) – 90 minutes OR 2. When Kids Get Life, Frontline (PBS, 2007) – 90 minutes February 14, 2013: Subjects: 1. “Law & Social Work In the News.” 2. Legal Issue For the Day” 3. The Protection of Children LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 Reading Assignment: 1. Saltzman Chapter 8 Video: The Little Voice: Recognizing Child Abuse & The Duty To Report It (Texas Young Lawyer’s Association, 2011) Running Time: 40 minutes Video: Kids in the Crossfire: Helping Parents Understand the Impact of Divorce (TYLA, 2008) Running Time: 22 minutes February 21, 2013: GUEST PRESENTER: CHRIS A. SPOFFORD, JD. BOARD CERTIFIED IN FAMILY LAW, WHO SPECIALIZES IN DIVORCE & CUSTODY Subjects: 1. “Law & Social Work In the News.” 2. “Legal Issue For the Day” 3. Marriage & Divorce; Custody & Support Of Children; Reading Assignment: 1. Saltzman Chapters 10-11 February 28, 2013: GUEST PRESENTER: MELODY ROYALL, JD. BOARD CERTIFIED IN FAMILY LAW CONCENTRATION IN ADOPTIONS Subjects: 1. “Law & Social Work In the News.” 2. “Legal Issue For the Day” 3. Adoption Reading Assignment: 1. Saltzman Chapter 9 March 7, 2013: Subjects: 1. 2. 3. “Law & Social Work In the News.” “Legal Issue For the Day” Domestic Violence & Abuse & Education Of Children LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 Reading Assignment: 1. Saltzman Chapters 12-13; School Social Workers. 2. Enhancing School Success For All Students Brochure (NASW) (Posted to Blackboard) 3. The Constitution at School: A Guide for Public High School Principals on the Constitutional Rights of Students on Campus [ Texas Bar Association (TBA)] ;* 4. Your Rights on Campus: A Guide for Public High School Students on Their Constitutional Rights at School [TBA] * 5. Special Education Laws and the School Environment: A Guide to Understanding Your Rights as a Parent (TBA)* 6. Special Education Laws and the School Environment: A Guide to Understanding Your Rights as a Parent (TYLA) Reading materials numbered 2-6 above will be posted to Blackboard. Video: Healing the Wounds: Navigating the Legal System after Surviving Domestic Abuse; Texas Young Lawyer’s Association (2008) Running Time: 25 minutes March 14, 2013: Spring Break March 21, 2013: Subjects: 1. 2. 3. “Law & Social Work In the News.” “Legal Issue For the Day” Elder Law Reading Assignments: 1. Medicare, Medicaid & SSA – A General Guide (TYLA)* 2. Texas Seniors & the Law (TYLA)* 3. To Will or Not To Will (TYLA)* *The above reading materials will be posted to Blackboard. 4. Department of Aging & Disability Services (“DADS”) Handbooks & Forms: http://www.dads.state.tx.us/news_info/publications/handbooks/index.html#handbook s 5. Estate Planning forms for Social Workers: Form Web Site Texas Directive to Physicians http://www.dads.state.tx.us/news_info/publications/handbooks/index.html Texas Medical Power of Attorney http://www.dads.state.tx.us/news_info/publications/handbooks/index.html Statutory Durable Power of Attorney http://texasprobate.net/forms/poa.htm LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 Declaration of Guardian http://texasprobate.net/forms/dgadult.htm Out-of-Hospital Do-Not Resuscitate Order http://www.dshs.state.tx.us/emstraumasystems/dnr.shtm March 28, 2013: GUEST PRESENTER: CLARINDA COMSTOCK, JD, WHO SPECIALIZES IN GUARDIANSHIPS AND COMMITMENT PROCEEDINGS Subjects: 1. 2. 3. “Law & Social Work In the News.” “Legal Issue For the Day” Commitment and Treatment Of Persons With Mental Disabilities; Competency and Guardianship Of Persons With Mental And Physical Disabilities Reading Assignment: 1. Saltzman Chapter 14 & 15 April 4, 2013: Subjects: 1. “Law & Social Work In the News.” 2. “Legal Issue For the Day” 3. Medical Care; The Health Insurance Portability and Accountability Act of 1996; The Mental Health Parity and Addiction Equity Act (MHPAEA); The Affordable Care Act Reading Assignment: 1. Saltzman Chapter 16 2. ACA Healthcare Law & You: http://www.healthcare.gov/law/features/index.html At this webpage go to Top Menu bar and open Healthcare Law & You; then open and read each and the following hyperlinked menu items at left of page which include the following sections: Key Features of the Law; Rights and Protections; Insurance Choices; Insurance Costs; 65 or Older; & Employers 3. Patients’ Rights In Texas (Healthcare Council of State Bar of Texas) This pamphlet will be posted to Blackboard. LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 April 11, 2013: Subjects: 1. “Law & Social Work In the News.” 2. “Legal Issue For the Day” 3. Regulation of Social Work Profession; 4. Texas State Board of Social Work Examiners (TSBSWE) Developments; 5. Disclosure of Professional Communications and Records; 6. Professional Liability & Professional Relationships With Lawyers Reading Assignment: 1. Saltzman Chapters 17-20; 2. TSBSWE updated Information for social workers (posted to Blackboard) 3. Texas Law for the Social Worker (2010) pp. 257-308 April 18, 2013: CLASS GROUP PRESENTATIONS April 25, 2013: CLASS GROUP PRESENTATIONS APRIL 29, 2013 FINAL PAPERS DUE BY 5:00 P.M. LAW & SOCIAL WORK/SOCW 7307-31101 - Spring, 2013 Recent