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SOCW 5014: Law & Ethics in Social Work

Resources for legal research, citing legal resources, and legal sources in psycho-social journals..

Professional / Non-Scholarly Web Sources

Blogs and web-based news letters from the National Association of Social Workers (NASW) and other professional / governmental sites:

Independent Contractor Bill: What It Means For Social Workers In CA (NASW, 2019)

  • Refers to law and lists it as “AB5”
  • References court case and calls it the Dynamex decision
  • Links to description of court case on a labor law blog site

California’s AB5 signed. How will it impact therapists’ work as independent contractors? (Caldwell, 2019)

  • Refers to law and lists it as “AB5”
  • Links to California Legislature official site.
  • References court case and lists it under “case name” (Plaintiff v. Respondent)

Independent contractor versus employee. (Labor Commissioner's Office, 2023)

  • Indicates bill was passed into law. 
  • References where it was put in the California Code.
  • Lists code sections as: Labor Code sections 2775 et seq

Social Work Title Protection. (NASW California Chapter, n.d.)

  • No date on page.
  • References AB 252
  • Links to bill text but not status

Scholarly Publications

Mandated Reporting: A Policy without Reason. (Melton, 2005)

Interestingly, this unanimity of response was the product of grassroots action, not federal incentives. The federal government did not enter the child protection arena until more than a decade later with the enactment of the Child Abuse Prevention and Treatment Act of 1974. (Melton, 2005, p.10)

  • References List

Child Abuse Prevention and Treatment Act of 1974. Pub. L. 93-247, 88 Stat. 4, codified as amended at 42 USC §§5101–5106

Should Social Workers Be Mandated Reporters of Child Maltreatment? An International Legal Perspective (Pollack, 2007)

The USA has mandated reporting statutes with attendant criminal sanctions a possibility. The failure to report in Tennessee is a misdemeanor. A maximum fine of $50 may be imposed if the defendant pleads guilty Tenn. Code Ann. (Supp. 2001). Mississippi’s law is more severe. It imposes a fine up to $5000 or imprisonment for up to one year, or both (Miss. Code Ann. (Supp. 2004)). (Pollack, 2007, p. 701)

  • References List:
    • Miss. Code Ann. 43–21–353(7) (Supp. 2004)
    • Tenn. Code Ann. 37–1–412 (Supp. 2001)

 


Mandatory Reporting Legislation in the United States, Canada, and Australia: A Cross-Jurisdictional Review of Key Features, Differences, and Issues. (Matthews & Kenny, 2008)

Incidentally, this can be contrasted with the current version of CAPTA, which defines child abuse and neglect as meaning “at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm ” [Section 42 U.S.C.A. § 5106g(2) (West Supp. 1998)] (Matthews & Kenny, 2008, p. 51)

Recent years have seen some jurisdictions require reports of some new specific types of abuse and neg-lect. Possibly, the most significant of these concerns the duty (typically imposed on medical practitioners) to report prenatal substance abuse when substance-exposed newborns are encountered. This new duty is largely a result of a provision inserted in CAPTA by the Keeping Children and Families Safe Act of 2003; Section 42 U.S.C. (5106(b)(2)(A)(ii) of CAPTA now includes as a condition… (Matthews & Kenny, 2008, p.57)


Do Social Workers Have a Duty to Warn? (Koepels & Kagel, 1993)

In October 1969, Prosenjit Poddar attacked and killed Tatiana Tarasoff at her home in Berkeley, California. In the landmark case that followed, Tarasoff v. Regents of University of California, a court for the first time imposed liability on a mental health professional for failing to protect a victim from the violent acts of a client.  (Koepels & Kagel, 1993, p. 101)

  • References List (footnotes):
    • Tarasoff v. Regents of University of California, 529 P.2d 553 (1974).
    • Tarasoff v. Regents of University of California, 529 P.2d, at 555.
    • Tarasoff v. Regents of University of California, 551 P.2d 334, 340 (1976).