School of Social Work Syllabus Template Guide



Social Work 668

Social Work and Law

3 Units

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed―

The Declaration of Independence

Spring, 2013

|[pic] |Instructor: |Ralph D. Fertig, Clinical Professor |

| |E-Mail: |Rfertig@usc.edu |Course Day: |Thursday |

| |Telephone: |N/A |Course Time: |1:00 pm - 3:50 pm |

| |Office: |SWC 115 |Course Location: |MRF 320 |

| |Office Hours: |Thursdays: 11 am - 12:30 pm or By | | |

| | |Appointment | | |

Course Prerequisites

SOWK 503, SOWK 505, SOWK 534, and SOWK 535

Catalogue Description

Examination of roles, opportunities, and concerns for the practice of social work in the structures and procedures of the law.

Course Description

How laws and the justice system impact upon your practice and how social work can advance the rights of individuals. Students will study, analyze, and apply statutes and cases where social work practice intersects with the law and judicial systems, discovering the interface of law and social work issues, organization, principles, and opportunities.

This Spring, 2013, the study will include the review of cases received by the California Innocence Project on persons seeking appeal of criminal convictions. You will go through legal documents, reading case files, and assessing the legal viability of applicants’ claims. You will be guided by Alexander Simpson, Legal Director of the California Innocence Project, and attorneys with whom he works who have secured the release of persons wrongly convicted. Alex and members of his team of lawyers from the California Innocence Project will visit our classes and, in a series of guest lectures, will lay out the issues relating to post conviction representation so that you will know “what to look for” when looking through these cases. You will consult with counsel from the California Innocence Project both for guidance and in your possible seeking additional data on, from, or about the person and the circumstances leading to and including his/ her conviction,

For your final paper/exam, you will summarize and weigh all the evidence and list and provide a reasoned evaluation of the pros and cons of each item admitted by the court, testimony, argument, and judicial ruling which was presented in response to each element of the charges of the crime alleged. You will conclude with the reasoning for and presentation of (a) recommendation(s) to the California Innocence Project as to whether it should – or should not -- accept prisoner’s request to advocate his/her release.

You will operate at the very nexus of social work and law, discovering the significance of hard facts, assessing if due process, equal protection, and adequate representation were realized and how factors known to social workers impacted on the life chances of the convicted person and on principles of social justice.

Those who elect not to work with the Innocence Project may explore specific areas of social work in the structures and procedures of the law in courts, administrative tribunals, arbitration and mediation encompassing work in criminal, delinquency, dependency, adoption, foster care, parole, commitment, dissolution, guardianship, and other legal procedures involving those who are dependent, oppressed, incapacitated or mentally ill, incorrigible, neglected, or abused, subject to discrimination, harassment, or denial of due process or equal protection. Such assignments must be specifically approved by Professor Fertig and be subject to his continuing review and approval.

Concurrent with your review, on either track, you will become familiar with rules for presentation of testimony and evidence, the social worker/ client “communications privilege,” the legal duties and standard of care in social work practice and liability for neglect to help prevent being named as a defendant in malpractice suits. This course has implications for practice in the fields of Families and Children, Community Organization, Planning & Administration, Health, Mental Health, and the World of Work.

Course Objectives

The Social Work and Law course (SOWK 668) will:

|Objective # |Objectives |

|1 |Promote understanding of the general provisions of laws governing major social programs and services provided by |

| |social workers. |

|2 |Teach students how to analyze social problems with a legal perspective and how to adapt legal solutions to social |

| |problems. |

|3 |Facilitate students’ ability to weigh legal and ethical implications, social values and professional mandates in |

| |shaping reasoned choices for serving diverse social work clients and communities, and advancing policy proposals. |

|4 |Help students learn how to use the law to effectively advocate for services, rights, social justice, equal |

| |protection, and due process for and with diverse individuals, groups, and communities. |

|5 |Engage students in learning and practicing the roles and skills that social workers use in tandem with lawyers, law |

| |makers, and those who manage and implement institutions of the law to influence the policy process at organizational,|

| |community and agency levels. The course also promotes students’ development of techniques such as mediation, legal |

| |reasoning, research, and advocacy to advance and enrich social work values and goals. |

Course format / Instructional Methods

This class will include a variety of teaching learning modalities. The instructor will provide lectures but classes will be designed to be interactive and students will be encouraged to bring questions and comments for discussion. Selected sessions will feature videotapes or speakers to illustrate the topics under examination. Students will be engaged in structured discussion, in role playing exercises, and in research, analysis, collaboration, assessment, strategizing, and proposing solutions to problems in the implementation of the law with respect to (1) their assigned roles in hypotheticals and (2) on each student’s selected individual focus on a particular area of social work in its use, regulation, implementation, modification, and impact of the law. Lectures will be augmented by PowerPoint slides (e-mailed to class in advance).

Student Learning Outcomes

Student learning for this course relates to one or more of the following ten social work core competencies:

|Social Work Core Competencies |SOWK 668 |Course Objective |

|1 |Professional Identity |* |3 & 5 |

|2 |Ethical Practice |* |2 & 3 |

|3 |Critical Thinking |* |1-5 |

|4 |Diversity in Practice |* |3-5 |

|5 |Human Rights & Justice |* |1-4 |

|6 |Research Based Practice | | |

|7 |Human Behavior | | |

|8 |Policy Practice |* |1-5 |

|9 |Practice Contexts | | |

|10 |Engage, Assess, Intervene, Evaluate |* |2-5 |

* Highlighted in this course

The following table explains the highlighted competencies for this course, the related student learning outcomes, and the method of assessment.

|Competencies/ Knowledge, Values, Skills |Student Learning Outcomes |Method of Assessment |

|Professional Identity―Identify as a professional social |Understand how social work standard of care is|Role Play and |

|worker and conduct oneself accordingly. |determined. |Assignment 1 |

|Social workers competent in Professional Identity: | | |

|Serve as representatives of the profession, its mission, | | |

|and its core values. | | |

|Know the profession’s history. | | |

|Commit themselves to the profession’s enhancement and to | | |

|their own professional conduct and growth. | | |

| |Practice personal reflection and |Class Exercises and |

| |self-correction to ensure continuing |Assignments 1-3 |

| |professional development. | |

| |Know how social work evolved from law and |Assignment 2 |

| |developed forensic social work. | |

| |Demonstrate professional demeanor in behavior,|Class Presentations, |

| |appearance, and communication. |Role Play, and |

| | |Assignments 1-3 |

| |Engage in career-long learning. |Responses to Assignments 2 & 3, and|

| | |in class discussions |

| |Use supervision and consultation. |Class Discussion of Presentations |

| | |and |

| | |Role Play |

|Ethical Practice―Apply social work ethical principles to |Recognize and manage personal values in a way |Assignments 1-3 |

|guide professional practice. |that allows professional values to guide | |

|Social workers competent in Ethical Practice: |practice. | |

|Fulfill their obligation to conduct themselves ethically | | |

|and to engage in ethical decision-making. | | |

|Are knowledgeable about the value base of the profession, | | |

|its ethical standards, and relevant law. | | |

| |Make ethical decisions by applying standards |Role Play |

| |of the National Association of Social Workers |Application of NASW Standards to |

| |Code of Ethics. |Selection of Targets and |

| | |Development of Strategies |

| | |Assignments 1-3 |

| |Tolerate ambiguity in resolving ethical |Recognize basis for differences |

| |conflicts. |within various interpretations of |

| | |law by different rulings & |

| | |jurisdictions |

| |Apply strategies of ethical reasoning to |Assignments 2 & 3 |

| |arrive at principled decisions. | |

|Critical Thinking―Apply critical thinking to inform and |Distinguish, appraise, and integrate multiple |Role Play |

|communicate professional judgments. |sources of knowledge, including research-based|Assignments 1 & 2 |

|Social workers competent in Critical Thinking: |knowledge, and practice wisdom. | |

|Are knowledgeable about the principles of logic, scientific| | |

|inquiry, and reasoned discernment. | | |

|Use critical thinking augmented by creativity and | | |

|curiosity. | | |

|Understand that critical thinking also requires the | | |

|synthesis and communication of relevant information. | | |

| |Analyze models of assessment, prevention, |Assignments 1-3 |

| |intervention, and evaluation. | |

| |Demonstrate effective oral and written |Role Play |

| |communication in working with individuals, |Assignments 1-3 |

| |families, groups, organizations, communities, | |

| |and colleagues. | |

|Diversity in Practice―Engage diversity and difference in |Recognize the extent to which a culture’s |Assignments 2 & 3 |

|practice. |structures and values may oppress, | |

|Social workers competent in Diversity in Practice: |marginalize, alienate, or create or enhance | |

|Understand how diversity characterizes and shapes the human|privilege and power. | |

|experience and is critical to the formation of identity. | | |

|Recognize that the dimensions of diversity reflect | | |

|intersectionality of multiple factors including age, class,| | |

|color, culture, disability, ethnicity, gender, gender | | |

|identity and expression, immigration status, political | | |

|ideology, race, religion, sex, and sexual orientation. | | |

|Appreciate that, as a consequence of difference, a person’s| | |

|life experiences may include oppression, poverty, | | |

|marginalization, and alienation as well as privilege, | | |

|power, and acclaim. | | |

| |Gain sufficient self-awareness to eliminate |Class Discussions, |

| |the influence of personal biases and values in|Role Play, and |

| |working with diverse groups. |Final Exam |

| |Recognize and communicate understanding of the| |

| |importance of difference in shaping life | |

| |experiences. | |

| |View themselves as learners and engage those |Class Discussions, |

| |with whom they work as informants. |Role Play and |

| | |Assignments 2 & 3 |

|Human Rights & Justice―Advance human rights and social and |Understand the forms and mechanisms of |Role Play, |

|economic justice. |oppression and discrimination. |Discussions, and |

|Social workers competent in Human Rights & Justice: | |Assignments 1-3 |

|Acknowledge that each person, regardless of position in | | |

|society, has basic human rights, such as freedom, safety, | | |

|privacy, an adequate standard of living, health care, and | | |

|education. | | |

|Recognize the global interconnections of oppression and are| | |

|knowledgeable about theories of justice and strategies to | | |

|promote human and civil rights. | | |

|Incorporates social justice practices in organizations, | | |

|institutions, and society to ensure that these basic human | | |

|rights are distributed equitably and without prejudice. | | |

| |Advocate for human rights and social and |Role Play, |

| |economic justice. |Class Discussion, |

| | |and Final |

| |Engage in practices that advance social and | |

| |economic justice. | |

|Policy Practice―Engage in policy practice to advance social|Analyze, formulate, and advocate for policies |Final Paper |

|and economic well-being and to deliver effective social |that advance social well-being. | |

|work services. | | |

|Social workers competent in Policy Practice: | | |

|Understand that policy affects service delivery, and they | | |

|actively engage in policy practice. | | |

|Know the history and current structures of social policies | | |

|and services, the role of policy in service delivery, and | | |

|the role of practice in policy development. | | |

| |Collaborate with colleagues and clients for | |

| |effective policy action. | |

|Engage, Assess, Intervene, Evaluate―Engage, assess, |Engagement: |Extent to which analyses in written|

|intervene, and evaluate with individuals, families, groups,|Substantively and affectively prepare for |papers include stake holders |

|organizations and communities. |action with individuals, families, groups, |especially in consideration of the |

|Social workers competent in the dynamic and interactive |organizations, and communities. |problem(s) and design of proposed |

|processes of Engagement, Assessment, Intervention, and |Use empathy and other interpersonal skills. |solution in Class Discussions, Role|

|Evaluation apply the following knowledge and skills to |Develop a mutually agreed-on focus of work and|Plays, & Final |

|practice with individuals, families, groups, organizations,|desired outcomes. | |

|and communities. | | |

|Identifying, analyzing, and implementing evidence-based | | |

|interventions designed to achieve client goals | | |

|Using research and technological advances | | |

|Evaluating program outcomes and practice effectiveness | | |

|Developing, analyzing, advocating, and providing leadership| | |

|for policies and services | | |

|Promoting social and economic justice | | |

| |Assessment: |Involvement of client data in |

| |Collect, organize, and interpret client data. |analysis of issue, problems, and |

| |Assess client strengths and limitations. |concerns; evaluation of impact on |

| |Develop mutually agreed-on intervention goals |client population for alternative |

| |and objectives. |strategies and solutions in Class |

| |Select appropriate intervention strategies. |Discussions, Role Play, and Final |

| |Intervention: |Inclusion of these considerations |

| |Initiate actions to achieve organizational |in history of problem, law, and |

| |goals. |analysis of possible changes and |

| |Implement prevention interventions that |strategies for securing greater |

| |enhance client capacities. |social justice in quality and |

| |Help clients resolve problems. |distribution of services in Class |

| |Negotiate, mediate, and advocate for clients. |Discussions, Role Play, & Final |

| |Facilitate transitions and endings. | |

| |Evaluation: Critically analyze, monitor, and |Final Assessment Report |

| |evaluate interventions. | |

Course Assignments, Due Dates & Grading

|Assignment |Due Date |% of Final Grade |

|Assignment 1: Sign Up for In-Depth Analysis of subject area |1/17/2013 | |

|or of work with the Innocence Project | | |

|Assignment 2: Outline of proposed study |On going | |

|Assignment 3: Rotating weekly assignments: briefing cases |As scheduled: |20% |

|Assignment 4: Final |5/09/13 |80% |

Each of the major assignments is described below.

Assignment: Unless you have otherwise signed up with the approval of Professor Fertig for the study of an area of the Law and its impact on a specific demographic group in the United States of America, you will study an application for review of his/her case and supporting materials of a person claiming innocence but convicted of a crime and now serving a sentence behind bars.

You will examine all the papers and paraphernalia lent to you, and develop an analysis of the case, wherever appropriate seek and secure additional data, and develop an evaluation of the convicted person’s application for review and release through the Innocence Project. You will summarize the weaknesses and strengths of the case, the quality of the evidence and areas which need further development, and ultimately weigh and present the basis for and a recommendation whether or not the INNOCENCE PROJECT should advocate for the release of the prisoner.

The case will have been assigned to you by lawyers of the INNOCENCE PROJECT of CALIFORNIA WESTERN SCHOOL of LAW who will visit our class for the first eighty minutes of each of eight sessions in which they will:

Explain and discuss areas of the law and elements of the judicial process that help determine the innocence or guilt of a person charged with having committed a crime; and

1) Answer your concerns in your continuing review of the file assigned to you.

This assignment relates to student learning outcomes 1, 2, 3, and 4.

__________________________________________________________________________________

Assignment 2: for all students (on either track):

Beginning January 24, 2012 and continuing: The briefing of court decisions

You will be assigned published court decisions, on a rotating basis to equally involve all members of the class, throughout the semester, to brief and orally present a case for discussion in the following format and rubric::

The briefing will consist of:

1. The factual background: what is the case in controversy?

2. Any threshold issues of jurisdiction, and how they are resolved

3. Relevant law and precedents

4. The opinion and reasoning of the court:

a. Majority

b. Concurring (if any)

c. Dissent (if any)

d. Your analysis and questions

5. Implications for social work practice

This assignment relates to student learning outcomes 1, 2, 3, and 4.

______________________________________________________________

Outline of Proposed Study for those NOT engaged in the INNOCENCE PROJECT

Outline your plan on how the law views and impacts people in the specific area of social practice that you selected. Include a proposal on how you will find and analyze the statutory and case law that deals with the issue you wish to present and how due process impacts enforcement of this area of law, protects individual rights, and how it is or is not implemented with respect for equal protection for all, regardless of race, religion, gender, age, national origin, ethnicity, disability, sexual orientation, or wealth.

Due: 2/14/2013

This assignment relates to student learning outcome 1, 4, 7, 11-13, and 18.

Assignment 3: Report to Class

Present a report to class on the nature of the social problem you are addressing, the history and current state of the law in dealing with that problem, and the progress of your inquiry on due process and equal protection (see above) to date. You should be prepared to cite cases and statutory law.

The presentation should include printed hand-outs and invite inquiry and input from other class members. It may include guest speaker(s), power point, video, props, and/or other means of communication.

Due: as scheduled for sessions beginning 3/22/2012

This assignment relates to student learning outcome 2-5, 7, 10-14, 17, and 18.

____________________________________________________________________________________

Assignment 4: Final

Review of statutory and case law impacting social welfare services in the area of practice selected.

.Analysis of due process and protection of individual rights in implementation of the services for the social welfare issue selected.

Analysis of the of Equal Protection in the implementation of such laws and the absence or presence of case law and salient cases that interpret and govern the issue presented

Due: 5/09/13 (80% of Grade)

Due by 5:00 pm on Thursday, May 3, 2012, to be submitted by e-mail to RFertig@USC.edu

Do NOT put your paper in my faculty mailbox or under the door of my office.

This assignment relates to student learning outcomes 2-5, 7, 10, and 12-26.

Class grades will be based on the following:

|Class Grades |Final Grade |

|3.85 – 4 |A | 93 – 100 |A |

|3.60 – 3.84 |A- |90 – 92 |A- |

|3.25 – 3.59 |B+ |87 – 89 |B+ |

|2.90 – 3.24 |B |83 – 86 |B |

|2.60 – 2.87 |B- |80 – 82 |B- |

|2.25 – 2.50 |C+ |77 – 79 |C+ |

|1.90 – 2.24 |C |73 – 76 |C |

| | |70 – 72 |C- |

Required and supplementary instructional materials & Resources

Required Reading

The Constitution of the United States of America. (1788). Retrieved from

Stevens, J. P. (2010, December 23). New York review of books. Retrieved from

Cases and statutory laws as assigned

The Universal Declaration of Human Rights. (1948). Retrieved from

Recommended Textbooks

Albert, R. (2000). Law and social work practice (2nd ed.). New York: Springer Series on Social Work.

Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New York: New Press.

Cole, D. (1999). No equal justice: Race and class in the American criminal justice system. New York: New Press.

Madden, R. G. (2003). Essential law for social workers. New York: Columbia University Press.

Stein, T. J. (2004). The role of law in social work practice and administration. New York: Columbia University Press

On Reserve

Albert, R. (2000). Law and social work practice (2nd ed.). New York: Springer Series on Social Work.

Alexander, M. (2010). Mass incarceration in the age of colorblindness. New York: New Press.

Cole, D. (1999). No equal justice: Race and class in the American criminal justice system. New York: New Press.

Madden, R. G. (2003). Essential law for social workers. New York: Columbia University Press.

Sevens, J. P. (2010, December 23). New York review of books. Retrieved from

Stein, T. J. (2004). The role of law in social work practice and administration. New York: Columbia University Press.

Note: Additional required and recommended readings may be assigned by the instructor throughout the course.

Course Schedule―Detailed Description

|Unit 1: Introduction to the Course |January 17, 2013 |

| |

|Topics |

|How the legal system works: What every social worker should know |

|Overview of social work in the environment of the legal system |

|The Constitution of the United States of America |

|Statutory law: the role and limitations of Congress |

|The Executive branch of government as a source of law |

|The Judicial branch as a source of law and judicial review |

| |

This Unit relates to course objectives 1, 2, and 3.

Required Readings

The Constitution of the United States of America. (1787). Retrieved from

Recommended Readings

Albert, R. (2000). Law and the Social Environment. In Law and social work practice (2nd ed., pp. 3-18). New York: Springer Series on Social Work.

Madden, R. G. (2003). Why social workers study the law: Knowledge. In Essential law for social workers (pp. 1-57). New York: Columbia University Press.

Stein, T. J. (2004). Introduction and Sources of Law. In The role of law in social work practice and administration (pp. 3-42). New York: Columbia University Press

|Unit 2: INTRODUCTION of the INNOCENCE PROJECT of theCALIFORNIA WESTERN SCHOOL of LAW |January 24, 2013 |

|The U.S. Judicial System Today | |

| |

|Topics |

|1:00 – 2:20 pm: |

|January 24: Introduction, Case and File overview, file distribution: |

|Identification and distribution of cases (one to each student who signs up) |

|2:30 – 3:50 pm: |

|The structure of the judicial system |

|An introduction to and distinctions between civil and criminal Law |

|An introduction to the functions of trial courts |

|Findings of fact and rulings of law |

|An introduction to and distinctions between Equity and Law |

|Tools for resolution of conflict: Court orders, restraint, decrees |

|Damages, costs, and payment |

|An introduction to and distinctions between federal and state law |

This Unit relates to course objectives 1-5.

Required Readings

The Constitution of the United States of America. (1788). Retrieved from

Recommended Readings

Stein, T. J. (2004). The justice system and an introduction to criminal and civil law. In The role of law in social work practice and administration (pp. 43-73). New York: Columbia University Press.

|Unit 3: Equal Protection: The Erosion of Separate but Equal |January 31, 2013 |

|Topics |

|Exploring jurisprudence: legal philosophy |

|The development of the law |

|Stare Decisis |

|Capital Punishment |

This Unit relates to course objectives 1-4.

Required Readings

Excerpts from, Ralph D. Fertig, Social Justice, Civil Rights, and Social Work, 2013 IP

(To be e-mailed by instructor to students).

The Constitution of the United States of America. (1788). Retrieved from (Instructor’s Note: Please read the Commerce Clause and the 5th & 14th Amendments.)

Cases to brief;

NOTE: While you are personally expected to read each of the assigned cases below to be able to participate in its discussion you will ALSO be assigned one of the cases listed below and throughout this syllabus rotated for oral presentation to the class by reverse alphabetic order of last name.

You will orally brief the rest of the class on your assigned case:

The briefing will consist of:

1. The factual background: what is the case in controversy?

2. Any threshold issues of jurisdiction, and how they are resolved

3. Relevant law and precedents

4. The opinion and reasoning of the court:

a. Majority

b. Concurring (if any)

c. Dissent (if any)

5. Your analysis and questions

6. Implications for social work practice

Dred Scott v. Sandford, 60 U.S. 393 (1857)

Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896

Shelley v. Kramer, 334 U.S. 1. 68 S. Ct. 836, 92 L. Ed. 1161, 1948

Brown v. Board of Education, 347 US 483, 74 S. Ct. 686, 98 L. Ed. 873, 1954 US (1954)

Recommended Readings

Alexander, M. (2010), The color of justice. In The new Jim Crow: Mass incarceration in the age of colorblindness (pp. 95-136), New York: The New Press.

Dow, D. R. (2011). Death penalty: Still racist and arbitrary. The New York Times, July 8, 2011.

(Instructor Note: Supplement and hypotheticals for role playing exercises in study of social work and law.)

|Unit 4: Presentation by the INNOCENCE PROJECT and Due Process and Personal Liberties |February 7, 2013 |

|Topics |

|1:00 – 2:20 pm: |

|Presentation by the INNOCENCE PROJECT of CALIFORNIA WESTERN SCHOOL of LAW |

|Innocence and the Postconviction Process |

| |

|2:30 – 3:50 pm: |

|Why social workers study the law |

|The Civil Rights Movement and confronting the law |

This Unit relates to course objectives 1-4.

Required Readings

Assigned for briefing:

Gideon v. Wainwright, 372 US 335 (1963).

Goldberg v. Kelly, 397 US 254 (1970).

Griswold v. Connecticut, 381 US 479 (1965).

Roe v. Wade, 410 U.S. 113 (1973).

Recommended Readings:

Raymond Arsenault, Freedom Riders: 1961 and the Struggle for Racial Justice, Oxford University Press, 2006.

Excerpts from, Ralph D. Fertig, Social Justice, Civil Rights, and Social Work, 2013 IP

(To be e-mailed by instructor to students).

Trillin, C. (2011, July 25). Back on the bus. The New Yorker, 36-42.

|Unit 5: Care and Protection of Children, Adoptions and Foster Care |February 14, 2013 |

|Topics |

|Child abuse & neglect and placement of children in foster care |

|Legal liability and child abuse & neglect investigations |

|Juvenile & family courts and hearings |

|Legal standards for determining child custody |

|Testimony of children |

|Status offenders & juvenile delinquents |

|Civil liability of child protective social workers and agencies for failing to protect a child from injury and for violating parental rights |

This Unit relates to course objectives 1-5.

Required Readings

to be assigned for briefing:

Morrisey v Brewer, 408 US 471 (1972)

Mathews v Eldridge 424 US 319 (1976)

Estelle v Gamble 429 US 97 (1976)

Greenholtz v Inmates of Nebraska Penal Complex 442 US 1 (1979)

Lassiter v Department of Social Services 452 US 18 (1981)

Sartosky v Kramer, 455 US 745 (1982)

DeShaney v Winnebago County Department of Social Services 489 US 189 (1989)

Recommended Readings

Stein, T. J. (2004). Adoption. In The role of law in social work practice and administration (pp. 260-290). New York: Columbia University Press.

(Instructor Note: Enact, analyze, and discuss “Ana and the King” as detailed in Supplement.)

Stein, T. J. (2004). Care and protection of children. In The role of law in social work practice and administration (pp. 229-259). New York: Columbia University Press.

|Unit 6: |February 21, 2013 |

|Presentation by Innocence Project (Eyewitness Identification) and Families and the Law: Domestic | |

|Violence | |

|Topics |

|1:00 – 2:20 pm: |

|Presentation by the INNOCENCE PROJECT of CALIFORNIA WESTERN SCHOOL of LAW |

|Eyewitness Identification, part 1 |

|2:30 – 3:50 pm: |

|Topics |

|Defining families in the law |

|Custody & visitation |

|Violence between partners in an intimate relationship |

|Elder abuse |

This Unit relates to course objectives 1-5.

Required Readings

To be assigned for briefing:

(Pending: cases will be inserted)

Recommended Readings

Stein, T. J. (2004). Domestic violence. In The role of law in social work practice and administration (pp. 291-312). New York: Columbia University Press.

Stein, T. J. (2004). Families and the law. In The role of law in social work practice and administration (pp. 175-206). New York: Columbia University Press.

administration (pp. 175-206). New York: Columbia University Press

|Unit 7: Mental Health and the Law February 28, 2013 |

|Topics |

|Required Readings |

|To be assigned for briefing: |

| |

|Emily Q. v. Bonta, 208 F.Supp.2d 1078 (C.D. Cal., 2001) |

|Rosie D. et al v Mitt Romney et al, 410 F. Supp 2d 18 (D. Mass, 2006) |

|Katie A. v Diana Bonta, 433 F. Supp 2d 1065 (C.D. Cal, 2006) |

|(Additional cases to be inserted) |

|Recommended Readings |

|Stein, T. J. (2004). Mental Health and the Law. In The role of law in social work practice and administration (pp. 337-363). New York: |

|Columbia University Press. |

|Unit 8: Innocence Project: Eyewitness Identification, part 2 and Legal Issues in Health Care, Patient’s Rights, and Social Worker Personal |

|Liability |

|March 7, 2013 |

| |

| Topics |

|1:00 – 2:20 pm: |

|Presentation by the INNOCENCE PROJECT of CALIFORNIA WESTERN SCHOOL of LAW: |

|Eyewitness Identification, part 2 |

| |

|2:30 – 3:50 pm: |

|Patient rights |

|Right to treatment and to refuse treatment |

|Informed consent |

|Surrogate decision makers |

|Medical care and liability of a parent |

|Minor’s right to consent to medical treatment |

|End of life issues: Care, guardianship, and advance directives |

|Legal theories of Torts, proximate cause, and personal responsibility for conduct |

|Social Workers standards of care |

|Legal liability of social workers |

This Unit relates to course objectives 1-5.

Required Readings

To be assigned for briefing:

Bartell v. Lohiser, 12 F., Suppl. 2d 640 (E. D. Mich, 1998).

(Additional cases to be inserted)

Recommended Readings

Stein, T. J. (2004). Legal issues in health care. In The role of law in social work practice and administration (pp. 313-336). New York: Columbia University Press.

Stein, T. J. (2004). Professional Liability. In The role of law in social work practice and administration (pp. 152-174). New York: Columbia University Press.

|Unit 9: State & Federal Roles in Education |March 14, 2013 |

|Topics |

|Case law and federal statutes affecting education |

|Individuals with disabilities in education act: No child left behind |

|BEGIN PRESENTATIONS on TOPICS OF FINAL EXAMS |

This Unit relates to course objectives 1-5.

Required Readings

Assigned for briefing:

San Antonio Independent School District v. Rodriguez,  411 U.S. 1, 93 S. Ct. 1278, 36 L. Ed. 2d 16, 1973

Serrano v. Priest, 557 P. 2d 929 (1976).

Parents Involved in Community Schools v. Seattle School District, 127 S. Ct. 2738, 2007 US LEXIS 8670 (2007).

Recommended Readings

Stein, T. J. (2004). Education. In The role of law in social work practice and administration (pp. 207-228). New York: Columbia University Press.

|Unit 10: Innocence Project on Postconviction Process and Diversity and Equal Rights in the Workplace |March 28, 2013 |

| 1:00 pm – 2:20pm: |

| |

|Presentation by the INNOCENCE PROJECT of CALIFORNIA WESTERN SCHOOL of LAW |

|Innocence and the Postconviction Process |

| |

|2:30 – 3:50 pm: |

| |

|Topics |

|Post Civil War Civil Rights Acts |

|Title VII of the Civil Rights Act of 1964 as amended: Barring discrimination and harassment based on race, gender, ethnicity, color, national|

|origin, religion |

|Age Discrimination in Employment Act |

|Equal Pay Act (gender) |

|Federal and California laws and agencies for enforcement of non-discrimination |

|Requirements and recourse of administrative courts for resolution of conflicts |

This Unit relates to course objectives 1-5.

Required Readings

Assigned for briefing:

Age Discrimination in Employment Act, 29 U.S.C. 206 (d) (1968).

California Fair Employment and Housing Act, CA Government Code 12900 et seq. (1959).

California Unruh Act, Civil Code 51 (1959).

Equal Pay Act, 29 U.S.C. 206 (d) (1963).

Post Civil War Civil Rights Acts, 42 U.S.C. 1981 et Seq. (1867).

Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. 2000e et seq.

|Unit 11: The Americans with Disabilities Act and Family Medical Leave Act |April 4, 2013 |

|Topics |

| |

|The rights of disabled persons |

|The Americans with Disabilities Act |

|California laws and agencies for enforcement |

|Requirements and Recourse of Administrative Courts for resolution of conflicts |

This Unit relates to course objectives 1-5.

Required Readings

Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. 

The ADA was originally enacted in public law format and later rearranged and published in the United States Code. Titles I, II, III, and V of the original law are codified in Title 42, chapter 126, of the United States Code beginning at section 12101.  Title IV of the original law is codified in Title 47, chapter 5, of the United States Code.  (Since this codification resulted in changes in the numbering system, the Table of Contents provides the section numbers of the ADA as originally enacted in brackets after the codified section numbers and headings). 

California Paid Family Leave/ Family Rights Act. (n.d.).

(Instructor Note: Access online.)

Family and Medical Leave Act, 29 USC 2601 et seq (1993).

Recommended Readings

Stein, T. J. (2004). Legal Issues in Health Care. In The role of law in social work practice and administration (pp. 313-336). New York: Columbia University Press.

The Americans with Disabilities Act, USC 12101 et seq. (1990 as amended, 2008).

Note: Enact, analyze, and discuss hypothetical 7 on “Raiza’s Rights.”

|Unit 12: Innocence Project: Police & Prosecutorial Misconduct and Immigration, Naturalization, and |April 11, 2013 |

|Undocumented Persons | |

|Topics |

|1:00 – 2:20 pm: – |

|Presentation by the INNOCENCE PROJECT of CALIFORNIA WESTERN SCHOOL of LAW: Police and prosecutorial misconduct April 11:  Police and |

|prosecutorial misconduct |

|2:30 – 3:50 pm: |

|Guest speakers: Representatives of immigrant aid organizations will present current issues and programs |

This Unit relates to course objectives 1-5.

Readings assigned for briefing:

Graham, Commissioner, Department of Public Welfare of Arizona v. Richardson, et al.

No. 609 SUPREME COURT OF THE UNITED STATES 403 U.S. 365; 91 S. Ct. 1848; 29 L. Ed. 2d 534, 1971

Plyler v. Doe, 457 U.S. 202 (1982).

League of United Latin American Citizens v. Wilson, 908 F.Supp. 755, 763 (C.D. Cal.1995).

OPINION FOR PUBLICATION: UNITED STATES OF AMERICA, Plaintiff-Appellee v STATE OF ARIZONA; JANICE K. BREWER, Governor of the State of Arizona, in her official capacity, Defendants-Appellants.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

4809 Case: 10-16645 04/11/2011 ID: 7711547 DktEntry: 199-1

No. 10-16645 v D.C. No. 2:10-cv-01413-SRB

Appeal from the United States District Court for the District of Arizona

Susan R. Bolton, District Judge, Presiding

Argued and Submitted November 1, 2010—San Francisco, California

Filed April 11, 2011

Before: John T. Noonan, Richard A. Paez, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Paez; Concurrence by Judge Noonan; Partial Concurrence and Partial Dissent by Judge Bea

Recommended Readings

Neuma, G. & Gerald, L. (1994-1995). Aliens as outlaws: government services, proposition 187, and the structure of equal protection doctrine. UCLA Law Review, 42, 1425-1453.

|Unit 13: Alternative Dispute Resolution: Arbitration and Other, Evolving Forms for Settling |April 18, 2013 |

|Legal Claims and Avoiding litigation | |

|Topics |

|David Kuroda, MSW and Judith Nesburn, MSW, JD, will:address the class and take us through some exercises in alternative dispute resolution;|

|Discuss evolving forms for resolving legal challenges which can be practiced by graduate, certified social workers |

| |

| |

This Unit relates to course objectives 1-5.

Recommended Readings

Literature will be distributed

|Unit 14: Innocence Project: Student Case pesentations |April 25, 2013 |

| |

Students will present their findings and recommendations.

|Unit 15: A Human Rights Perspective for Social Work |May 2, 2013 |

|Required Readings |

|Holder v. Humanitarian Law Project, 561 U.S. (2010, June 21). Retrieved from |

| |

|Merits Briefs |

|Opening brief for the Humanitarian Law Project |

|Brief for Eric H. Holder, Attorney General |

|Reply Brief for Humanitarian Law Project, et al. |

|Reply Brief for Eric H. Holder, Attorney General |

|Optional Reading |

|You may wish to review amicus briefs, arguments for certiorari, etc. at the site indicated above. |

|Note to class: The transcript from oral argument of Holder v. Humanitarian Law Project (February 23, 2010) will be distributed and the parts |

|of Supreme Court Justices, Solicitor General Elena Kagan, and David Cole, counsel for Humanitarian Law Project will be assigned for reading |

|aloud in class. |

|Legislative Analyst’s Office. (2005). A primer: Three strikes―The impact after more than a decade. Retrieved from |

| |

|Stevens, J. P. (2010, December 23). New York review of books. Retrieved from |

| |

|STUDY DAYS / NO CLASSES |May 4 – May 7, 2013 |

| | |

|FINAL PAPERS DUE |May 9, 2013 |

| | |

University Policies and Guidelines

Attendance Policy

Students are expected to attend every class and to remain in class for the duration of the unit. Failure to attend class or arriving late may impact your ability to achieve course objectives which could affect your course grade. Students are expected to notify the instructor by email (Rfertig@usc.edu) of any anticipated absence or reason for tardiness.

University of Southern California policy permits students to be excused from class for the observance of religious holy days. This policy also covers scheduled final examinations which conflict with students’ observance of a holy day. Students must make arrangements in advance to complete class work which will be missed, or to reschedule an examination, due to holy days observance.

Please refer to Scampus and to the USC School of Social Work Student Handbook for additional information on attendance policies.

Statement on Academic Integrity

USC seeks to maintain an optimal learning environment. General principles of academic honesty include the concept of respect for the intellectual property of others, the expectation that individual work will be submitted unless otherwise allowed by an instructor, and the obligations both to protect one’s own academic work from misuse by others as well as to avoid using another’s work as one’s own. All students are expected to understand and abide by these principles. SCampus, the Student Guidebook, contains the Student Conduct Code in Section 11.00, while the recommended sanctions are located in Appendix A: . Students will be referred to the Office of Student Judicial Affairs and Community Standards for further review, should there be any suspicion of academic dishonesty. The Review process can be found at: .

Additionally, it should be noted that violations of academic integrity are not only violations of USC principles and policies, but also violations of the values of the social work profession.

Statement for Students with Disabilities

Any student requesting academic accommodations based on a disability is required to register with Disability Services and Programs (DSP) each semester. A letter of verification for approved accommodations can be obtained from DSP. Please be sure the letter is delivered to the instructor as early in the semester as possible. DSP is located in STU 301 and is open from 8:30 a.m. to 5:00 p.m., Monday through Friday.

Students from all academic centers (including the Virtual Academic Center) may contact Ed Roth, Director of the DSP office at 213-740-0776 or ability@usc.edu.

Emergency Response Information

Note: The following Emergency Response Information pertains to students on campus, but please note its importance should you be on campus for a temporary or extended period. When not on campus: Call the 911 listing in your local community for any emergency.

To receive information, call the main number (213) 740-2711, press #2. “For recorded announcements, events, emergency communications or critical incident information.”

To leave a message, call (213) 740-8311

For additional university information, please call (213) 740-9233

Or visit university website:

If it becomes necessary to evacuate the building, please go to the following locations carefully and using stairwells only. Never use elevators in an emergency evacuation.

Students may also sign up for a USC Trojans Alert account to receive alerts and emergency notifications on their cell phone, pager, PDA, or e-mail account. Register at .

|University Park Campus |Academic Centers |

|City Center |Front of Building |Orange County |Faculty Parking Lot |

| |(12th & Olive) | | |

|MRF |Lot B |San Diego |Building Parking Lot |

|SWC |Lot B |Skirball |Front of Building |

|VKC |McCarthy Quad | | |

|WPH |McCarthy Quad | | |

Do not re-enter the building until given the “all clear” by emergency personnel.

Statement about Incompletes

The Grade of Incomplete (IN) can be assigned only if there is work not completed because of a documented illness or some other emergency occurring after the 12th week of the semester. Students must NOT assume that the instructor will agree to the grade of IN. Removal of the grade of IN must be instituted by the student and agreed to be the instructor and reported on the official “Incomplete Completion Form.”

Policy on Late or Make-Up Work

Papers are due on the day and time specified. Extensions will be granted only for extenuating circumstances. If the paper is late without permission, the grade will be affected.

Policy on Changes to the Syllabus and/or Course Requirements

It may be necessary to make some adjustments in the syllabus during the semester in order to respond to unforeseen or extenuating circumstances. Adjustments that are made will be communicated to students both verbally and in writing.

Code of Ethics of the National Association of Social Workers

Approved by the 1996 NASW Delegate Assembly and revised by the 2008 NASW Delegate Assembly []

Preamble

The primary mission of the social work profession is to enhance human wellbeing and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed, and living in poverty. A historic and defining feature of social work is the profession’s focus on individual wellbeing in a social context and the wellbeing of society. Fundamental to social work is attention to the environmental forces that create, contribute to, and address problems in living.

Social workers promote social justice and social change with and on behalf of clients. “Clients” is used inclusively to refer to individuals, families, groups, organizations, and communities. Social workers are sensitive to cultural and ethnic diversity and strive to end discrimination, oppression, poverty, and other forms of social injustice. These activities may be in the form of direct practice, community organizing, supervision, consultation administration, advocacy, social and political action, policy development and implementation, education, and research and evaluation. Social workers seek to enhance the capacity of people to address their own needs. Social workers also seek to promote the responsiveness of organizations, communities, and other social institutions to individuals’ needs and social problems.

The mission of the social work profession is rooted in a set of core values. These core values, embraced by social workers throughout the profession’s history, are the foundation of social work’s unique purpose and perspective:

▪ Service

▪ Social justice

▪ Dignity and worth of the person

▪ Importance of human relationships

▪ Integrity

▪ Competence

This constellation of core values reflects what is unique to the social work profession. Core values, and the principles that flow from them, must be balanced within the context and complexity of the human experience.

Complaints

If you have a complaint or concern about the course or the instructor, please discuss it first with the instructor. If you feel you cannot discuss it with the instructor, contact your advisor or Dr. Paul Maiden, Vice Dean and Professor of Academic and Student Affairs, at rmaiden@usc.edu. Or, if you are a student of the VAC, contact June Wiley, Director of the Virtual Academic Center, at (213) 821-0901 or june.wiley@usc.edu for further guidance

Tips for Maximizing Your Learning Experience in this Course

✓ Be mindful of getting proper nutrition, exercise, rest and sleep!

✓ Come to class.

✓ Complete required readings and assignments before coming to class.

✓ Before coming to class, review the materials from the previous Unit and the current Unit, and scan the topics to be covered in the next Unit.

✓ Come to class prepared to ask any questions you might have.

✓ Participate in class discussions.

✓ After you leave class, review the materials assigned for that Unit again, along with your notes from that Unit.

✓ If you don't understand something, ask questions! Ask questions in class, during office hours, and/or through email!

✓ Keep up with the assigned readings.

Don’t procrastinate or postpone working on assignments.[pic][pic][pic][pic][pic]

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download