Professional Ethics and Law in California, 2nd Edition _ ____________________________________________
motivation plays in determining behavior is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; doing research related to social work; and the use, application, and integration of the coursework and experience required by Sections 4996.2 and 4996.23. Psychotherapy, within the meaning of this chapter, is the use of psychosocial methods within a professional relationship, to assist the person or persons to achieve a better psychosocial adaptation, to acquire greater human realization of psycho- social potential and adaptation, and to modify internal and external conditions which affect individuals, groups, or com- munities in respect to behavior, emotions, and thinking, in respect to their intrapersonal and interpersonal processes. Social Workers in Court Barsky (2012) believes that many social workers who do not have regular contact with the courts in their practice are poorly prepared for court should they be called to testify on behalf of a client or for themselves. He offers the following sug- gestions from his book, Clinicians in Court (2012) for preparing throughout the practice of social work to manage future risks: • Be sure all notes are “court ready,” meaning they are complete, dated, accurate, organized, and contain facts, not opinions. • Be sure to follow ethical guidelines for confidentiality and know the limits of confidentiality and privilege. Many social workers are practicing in a field that is protected with not just confidentiality, but privilege. “Privilege” is a concept that says the social worker cannot be compelled or required to go to court unless the client consents to his or her appearance in court. In many states, a licensed clinician cannot be required to testify unless the client gives permission. This is true in California per Evidence Code Section 1014, although there are exceptions (Shouse California Law Group, 2020). • In some fields of practice, social workers are more likely to be called into court; it might be part of the work that they are doing. As a child protection worker, for example, the social worker needs to be aware that if an amicable agreement with clients is not possible, he or she might have to defend the case and his or her position in court. Or, when working in an area such as family law, there may be a lot of tension and anger between spouses during separation and divorce. Again, the social worker might be more likely to end up in court.
• Child custody evaluations may be required in an area of practice such as forensic social work. If the social worker interacts with attorneys on litigation cases, he or she should receive specialized training in certain areas and fields of practice in order to be more persuasive and credible when giving testimony in court. • In a forensic role, the duty is to the legal system. Many social workers do not realize that when they have an obligation to the legal system, their role may be more complex. In a custody evaluation, for example, the therapist cannot provide therapy or counseling to the parents who are going through separation or divorce. And as a social worker, he or she is trained to put the well-being of the client first. This situation may result in tension for the therapist and for the client. The social worker’s role as a witness is to help the court, meaning the judge or the jury. • Social workers need to know the correct way to respond to a subpoena. If a social worker is unsure of how to proceed, he or she should contact a personal attorney or agency attorney for help. There are a number of different types of subpoenas. Some subpoenas are actually a court order compelling an appearance in court with legal consequences. In other cases, a subpoena is a request to appear and is initiated by an attorney for one party or the other; it may not be a valid subpoena and may be challenged. • Social workers must remember that the client owns confidentiality and privilege and that when a social worker receives a subpoena he or she must let the client know. If the client gives consent to appear in court, then ordinarily the social worker should appear in court on the client’s behalf; this honors the client’s right to self-determination. • If the social worker receives a subpoena from a lawyer that is not a court order, after the client gives permission, the lawyer might then contact the person requesting the subpoena. A conversation may be necessary to explain that a court appearance may not be the best option; the information that the social worker has may be second-hand and may not be as strong—or as useful to the court—as the attorney might think. • If the client has given authority and consent for the social worker to release his or her records, the client may not fully understand that the entirety of his or her records may be released—not just the portions that the client feels are favorable to his or her case. When a client knows he or she cannot control which information or testimony will be given, the client may reconsider.
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EliteLearning.com/Psychology
EliteLearning.com/Psychology
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