____________________________________________ Professional Ethics and Law in California, 2nd Edition
• Another possibility is to request a motion to quash, a motion to cancel, or a motion to veto the subpoena. This motion would usually be requested by the client, if the client has the means and the attorney to pursue the motion. A social worker might need to help the client locate a resource for information or funding for legal assistance. The agency (and sometimes even the professional association) may have an interest in advocacy for a certain case, so they may file the motion. • If called to testify, it is important for the social worker to prepare for one of two types of examination: In a direct examination, the social worker is called as a witness for the case. This will include general open-ended questions from the attorney’s perspective, geared toward the outcome that the attorney prefers (and most likely the one the social worker and client prefer). The lawyer will ask questions—guiding the testimony—because the information or opinions will support his or her case. The next type is the cross-examination. The other attorney will attempt to impugn the credibility, honesty, perception, memory, or accuracy of the witness testimony. He or she will attempt to create doubts in the minds of the judge or the jurors. In both cases, the objective is to be honest and open, as well as credible and persuasive. The cross-examination is more stressful because the witness is being challenged. The witness may be called to explain any inconsistencies in written or spoken information. • It is important to remember that no one is perfect and that there are times when a witness may be unsure. The social worker must be honest, and must slow down, take a deep breath, and use strategies to control stress and anxiety—and he or she must be aware of how body language may be perceived. • When handling a tough question during cross- examination, the social worker should look the attorney in the eye and should not look at the client or the client’s attorney. This behavior may be interpreted as looking for an answer from them. In situations of extreme stress, it may be possible to ask for a short bathroom break to regain composure. • Social workers can practice skills and prepare in mock sessions before taking the stand, using role play and with legal professionals—preferably with the attorney who is involved in the case. One way to prepare is to actually observe cases that are similar; although child protection hearings are usually closed to the public, it may be possible to ask the court administrator to observe for professional purposes to prepare for testimony.
• Social workers need to be aware that a fact witness is there to provide facts only. An expert witness can be called upon to give opinions; an expert witness is selected by the court based on qualifications. Professional social workers must give testimony only that falls within their area of expertise. • To avoid situations that may lead to legal proceedings, it is important to pay close attention to informed consent, open communication, and strategies that build trust and open communication with clients from the first session through the last. Social workers need to manage and respond to clients (without judgment) if they have an issue or grievance. Ethical practice dictates that social workers have the obligation never to abandon a client. They need to find out what the client really wants and find a way to resolve the conflict to save the relationship. Sound decision making and professional collaboration should be used to overcome any barriers. The client may simply want to feel as though he or she is being heard, need to know that his or her concerns are validated, and feel that he or she has some input into the personal therapeutic plan. LICENSED EDUCATIONAL PSYCHOLOGISTS Scope of Practice According to the California Board of Behavioral Sciences Statues, 2023 Licensed Education Psychologists’ (LEDs’) scope of practice includes the following: (a) The practice of educational psychology is the performance of any of the following professional functions pertaining to academic learning processes or the educational system or both: (1) Educational evaluation. (2) Diagnosis of psychological disorders related to aca- demic learning processes. (3) Administration of diagnostic tests related to academic learning processes including tests of academic abil- ity, learning patterns, achievement, motivation, and personality factors. (4) Interpretation of diagnostic tests related to academic learning processes including tests of academic abil- ity, learning patterns, achievement, motivation, and personality factors. (5) Providing psychological counseling for individuals, groups, and families. (6) Consultation with other educators and parents on issues of social development and behavioral and academic difficulties. (7) Conducting psychoeducational assessments for the purposes of identifying special needs.
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