Document 14660307

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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
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