Social Work and the Law
- LAST REVIEWED: 25 May 2011
- LAST MODIFIED: 25 May 2011
- DOI: 10.1093/obo/9780195389678-0024
- LAST REVIEWED: 25 May 2011
- LAST MODIFIED: 25 May 2011
- DOI: 10.1093/obo/9780195389678-0024
Introduction
“Social work and the law” refers to the interface between the practice of social work and the legal system, including statutory law, case law, legal institutions (courts, prisons, etc.), and legal professionals (attorneys, judges, paralegals, forensic experts, and alternative dispute resolution professionals). Law plays a number of important roles in the practice of social work. First, from an ecological perspective, the legal system is a vital part of a client’s social environment. Many social work clients are involved in legal systems, such as child protection, criminal justice, or mental health. Social workers need to be aware of the laws that regulate each system in order to help clients navigate their way through these systems more effectively, and to be able to advocate for law reform to improve the goodness of fit between clients and their socio-legal environments. Laws also govern many relationships of interest to social work clients, including landlord/tenant, employer/employee, physician/patient, vendor/purchaser, spouse/spouse, and parent/child relationships. Thus, knowledge of the law should provide practitioners with a practical understanding of their clients’ rights and responsibilities in a broad range of social relationships. Second, hospitals, schools, social assistance, correctional institutions, mental health facilities, and other social agencies are regulated by organization-specific laws. Organization-specific laws may dictate who is eligible for services, standards for record keeping, confidentiality, and other client rights. Social workers need to understand these laws in order to ensure that their agencies comply with the laws, and to be able to advocate for changes in the law to promote greater social and economic justice. Third, the profession of social work itself is regulated by various laws. Most states have licensing or accreditation laws that regulate the practice of social work, including who may practice and what standards of practice are legally enforceable. Social workers should also be aware of malpractice (tort) laws that identify when a social worker may be legally responsible for causing harm to a client if they perform their professional duties in a manner that falls below a reasonable standard of care. Finally, some social workers practice in forensic settings, providing investigations, evaluation, expert testimony, and treatment for clients involved in court or other legal systems. Such settings include probation, parole, prison, child custody evaluation, and involuntary committal to mental health institutions.
Introductory Works
The resources listed here provide overall introductions to social work and the law, as well as to law and the legal system more generally. For basic overviews and explanations of legal terms, some of the older materials may be sufficient. For specific laws and how they apply in specific circumstances, readers should refer to the most current sources. Madden 2003 and Alexander 2003 provide two of the more recent and comprehensive introductions to social work and the law. Stein 2004 offers one of the most accessible introductions to the legal system and the philosophy of law.
Albert, Raymond. 2000. Law and social work practice: A legal systems approach. 2d ed. New York: Springer.
Provides a clear explanation of the legal system, including judicial and legislative processes, as well as areas of law most relevant to social workers. Information on rapidly evolving topics such as same-sex marriage has become dated.
Alexander, Rudolph. 2003. Understanding legal concepts that influence social welfare policy and practice. Belmont, CA: Brooks/Cole.
Describes laws pertaining to child welfare, mental health, professional liability. Designed to help readers understand the relevance of laws to social welfare policy and practice (with emphasis on macro issues).
Brayne, Hugh, and Helen Carr. 2010. Law for social workers. 11th ed. New York: Oxford Univ. Press.
Comprehensive textbook on the British legal system, including laws related to a social worker’s obligations in working with the legal system, children, families, people with mental illness, homeless people, and other people who have been socially excluded.
Madden, Robert G. 2003. Essential law for social workers. New York: Columbia Univ. Press.
Provides a good overview of the legal system and uses case examples to demonstrate the application of law to various issues related to social work practice (particularly clinical/micro practice). Excellent information on child welfare, contracts, advance directives, and malpractice.
Martin, Peter W. 2010. Introduction to Basic Legal Citation.
Online resource that explains norms for citing legal sources, including statutes and case law.
National Association of Social Workers Legal Defense Fund. Legal Issue of the Month. Washington, DC: NASW Legal Defense Fund.
Practice-oriented series of articles to inform social workers of legal issues, rights, and responsibilities. List of titles and order information available online.
Schroeder, Leila Obier. 1995. The legal environment of social work. Washington, DC: National Association of Social Workers Press.
Provides a good overview of the legal contexts in which social workers operate (particularly child welfare, family, mental health, and social security laws).
Stein, Theodore J. 2004. The role of law in social work practice and administration. New York: Columbia Univ. Press.
Provides social workers with a good overview of the legal system, legal terminology, and the history and philosophy of law. Chapters on specific areas of law are relatively basic, perhaps designed for social work students rather than practitioners.
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Article
- Abolitionist Perspectives in Social Work
- Abortion
- Adolescent Depression
- Adolescent Pregnancy
- Adolescents
- Adoption
- Adoption Home Study Assessments
- Adult Protective Services in the United States
- African Americans
- African-Centered Social Work
- Aging
- Aging out of foster care
- Aging, Physical Health and
- Alcohol and Drug Abuse Problems
- Alcohol and Drug Problems, Prevention of Adolescent and Yo...
- Alcohol Problems: Practice Interventions
- Alcohol Use Disorder
- Alzheimer's Disease and Other Dementias
- Anti-Oppressive Practice
- Asian Americans
- Asian-American Youth
- Assessment
- Autism Spectrum Disorders
- Baccalaureate Social Workers
- Behavioral Health
- Behavioral Social Work Practice
- Bereavement Practice
- Bisexuality
- Brief Therapies in Social Work: Task-Centered Model and So...
- Bullying and Social Work Intervention
- Canadian Social Welfare, History of
- Case Management in Mental Health in the United States
- Central American Migration to the United States
- Child Maltreatment Prevention
- Child Neglect and Emotional Maltreatment
- Child Poverty
- Child Sexual Abuse
- Child Welfare
- Child Welfare and Child Protection in Europe, History of
- Child Welfare and Parents with Intellectual and/or Develop...
- Child Welfare Effectiveness
- Child Welfare, Immigration and
- Child Welfare Practice with LGBTQ Youth and Families
- Children
- Children of Incarcerated Parents
- Christianity and Social Work
- Chronic Illness
- Clinical Social Work Practice with Adult Lesbians
- Clinical Social Work Practice with Males
- Cognitive Behavior Therapies with Diverse and Stressed Pop...
- Cognitive Processing Therapy
- Cognitive-Behavioral Therapy
- Community
- Community Development
- Community Policing
- Community-Based Participatory Research
- Community-Needs Assessment
- Comparative Social Work
- Computational Social Welfare: Applying Data Science in Soc...
- Conflict Resolution
- Council on Social Work Education
- Counseling Female Offenders
- Criminal Justice
- Crisis Interventions
- Cultural Competence and Ethnic Sensitive Practice
- Culture, Ethnicity, Substance Use, and Substance Use Disor...
- Dementia Care
- Dementia Care, Ethical Aspects of
- Depression and Cancer
- Development and Infancy (Birth to Age Three)
- Differential Response in Child Welfare
- Digital Storytelling for Social Work Interventions
- Direct Practice in Social Work
- Disabilities
- Disability and Disability Culture
- Disasters
- Divorce
- Domestic Violence Among Immigrants
- Early Pregnancy and Parenthood Among Child Welfare–Involve...
- Eating Disorders
- Ecological Framework
- Economic Evaluation
- Elder Mistreatment
- End-of-Life Decisions
- Epigenetics for Social Workers
- Ethical Issues in Social Work and Technology
- Ethics and Values in Social Work
- Ethnicity
- European Institutions and Social Work
- European Union, Justice and Home Affairs in the
- Evidence-based Social Work Practice
- Evidence-based Social Work Practice: Finding Evidence
- Evidence-based Social Work Practice: Issues, Controversies...
- Experimental and Quasi-Experimental Designs
- Families
- Families with Gay, Lesbian, or Bisexual Parents
- Family Caregiving
- Family Group Conferencing
- Family Policy
- Family Services
- Family Therapy
- Family Violence
- Fathering Among Families Served By Child Welfare
- Fetal Alcohol Spectrum Disorders
- Field Education
- Financial Literacy and Social Work
- Financing Health-Care Delivery in the United States
- Forensic Social Work
- Foster Care
- Foster care and siblings
- Gay Men
- Gender, Violence, and Trauma in Immigration Detention in t...
- Generalist Practice and Advanced Generalist Practice
- Grounded Theory
- Group Work
- Group Work across Populations, Challenges, and Settings
- Group Work, Research, Best Practices, and Evidence-based
- Harm Reduction
- Health Care Reform
- Health Disparities
- Health Social Work
- History of Social Work and Social Welfare, 1900–1950
- History of Social Work and Social Welfare, 1950-1980
- History of Social Work and Social Welfare, pre-1900
- History of Social Work from 1980-2014
- History of Social Work in China
- History of Social Work in Northern Ireland
- History of Social Work in the Republic of Ireland
- History of Social Work in the United Kingdom
- HIV/AIDS
- HIV/AIDS and Children
- HIV/AIDS Prevention with Adolescents
- Homelessness
- Homelessness: Ending Homelessness as a Grand Challenge
- Homelessness Outside the United States
- Housing
- Human Needs
- Human Trafficking, Victims of
- Immigrant Integration in the United States
- Immigrant Policy in the United States
- Immigrants and Refugees
- Immigrants and Refugees: Evidence-based Social Work Practi...
- Immigration and Health Disparities
- Immigration and Intimate Partner Violence
- Immigration and Poverty
- Immigration and Spirituality
- Immigration and Substance Use
- Immigration and Trauma
- Impact of Emerging Technology in Social Work Practice
- Impaired Professionals
- Implementation Science and Practice
- Indigenous Peoples
- Individual Placement and Support (IPS) Supported Employmen...
- In-home Child Welfare Services
- Intergenerational Transmission of Maltreatment
- International Human Trafficking
- International Social Welfare
- International Social Work
- International Social Work and Education
- International Social Work and Social Welfare in Southern A...
- Internet and Video Game Addiction
- Interpersonal Psychotherapy
- Intervention with Traumatized Populations
- Interviewing
- Intimate-Partner Violence
- Juvenile Justice
- Kinship Care
- Korean Americans
- Latinos and Latinas
- Law, Social Work and the
- LGBTQ Populations and Social Work
- Life Span
- Mainland European Social Work, History of
- Major Depressive Disorder
- Management and Administration in Social Work
- Maternal Mental Health
- Measurement, Scales, and Indices
- Medical Illness
- Men: Health and Mental Health Care
- Mental Health
- Mental Health Diagnosis and the Addictive Substance Disord...
- Mental Health Needs of Older People, Assessing the
- Mental Health Services from 1990 to 2023
- Mental Illness: Children
- Mental Illness: Elders
- Meta-analysis
- Microskills
- Middle East and North Africa, International Social Work an...
- Military Social Work
- Mixed Methods Research
- Moral distress and injury in social work
- Motivational Interviewing
- Multiculturalism
- Native Americans
- Native Hawaiians and Pacific Islanders
- Neighborhood Social Cohesion
- Neuroscience and Social Work
- Nicotine Dependence
- Occupational Social Work
- Organizational Development and Change
- Pain Management
- Palliative Care
- Palliative Care: Evolution and Scope of Practice
- Pandemics and Social Work
- Parent Training
- Participatory Community Based Research
- Personalization
- Person-in-Environment
- Philosophy of Science and Social Work
- Physical Disabilities
- Podcasts and Social Work
- Police Social Work
- Political Social Work in the United States
- Positive Youth Development
- Postmodernism and Social Work
- Postsecondary Education Experiences and Attainment Among Y...
- Post-Traumatic Stress Disorder (PTSD)
- Poverty
- Practice Interventions and Aging
- Practice Interventions with Adolescents
- Practice Research
- Primary Prevention in the 21st Century
- Productive Engagement of Older Adults
- Profession, Social Work
- Program Development and Grant Writing
- Promoting Smart Decarceration as a Grand Challenge
- Psychiatric Rehabilitation
- Psychoanalysis and Psychodynamic Theory
- Psychoeducation
- Psychometrics
- Psychopathology and Social Work Practice
- Psychopharmacology and Social Work Practice
- Psychosocial Framework
- Psychosocial Intervention with Women
- Psychotherapy and Social Work
- Qualitative Research
- Race and Racism
- Randomized Controlled Trials in Social Work
- Readmission Policies in Europe
- Redefining Police Interactions with People Experiencing Me...
- Refugee Children, Unaccompanied Immigrant and
- Rehabilitation
- Religiously Affiliated Agencies
- Reproductive Health
- Research
- Research Ethics
- Restorative Justice
- Risk Assessment in Child Protection Services
- Risk Management in Social Work
- Rural Social Work in China
- Rural Social Work Practice
- School Social Work
- School Violence
- School-Based Delinquency Prevention
- Services and Programs for Pregnant and Parenting Youth
- Severe and Persistent Mental Illness: Adults
- Sexual and Gender Minority Immigrants, Refugees, and Asylu...
- Sexual Assault
- Single-System Research Designs
- Social and Economic Impact of US Immigration Policies on U...
- Social Development
- Social Insurance and Social Justice
- Social Intervention Research
- Social Justice and Social Work
- Social Movements
- Social Planning
- Social Policy
- Social Policy in Denmark
- Social Security in the United States (OASDHI)
- Social Work and Islam
- Social Work and Social Welfare in East, West, and Central ...
- Social Work and Social Welfare in Europe
- Social Work Education and Research
- Social Work Leadership
- Social Work Luminaries: Luminaries Contributing to the Cla...
- Social Work Luminaries: Luminaries contributing to the fou...
- Social Work Luminaries: Luminaries Who Contributed to Soci...
- Social Work Practice, Rare and Orphan Diseases and
- Social Work Regulation
- Social Work Research Methods
- Social Work Theory
- Social Work with Interpreters
- Solution-Focused Therapy
- Strategic Planning
- Strengths Perspective
- Strengths-Based Models in Social Work
- Substance Use Disorders
- Suicide
- Supplemental Security Income
- Survey Research
- Sustainability: Creating Social Responses to a Changing En...
- Syrian Refugees in Turkey
- Systematic Review Methods
- Task-Centered Practice
- Technologies to Improve Social Work Practice and Education
- Technology Adoption in Social Work Education
- Technology for Social Work Interventions
- Technology, Human Relationships, and Human Interaction
- Technology in Social Work
- Terminal Illness
- Terrorism
- The Impact of Systemic Racism on Latinxs’ Experiences with...
- Transdisciplinary Science
- Translational Science and Social Work
- Transnational Perspectives in Social Work
- Transtheoretical Model of Change
- Trauma
- Trauma-Informed Care
- Triangulation
- Tribal child welfare practice in the United States
- Unions
- United States, History of Social Welfare in the
- Universal Basic Income
- Veteran Services
- Vicarious Trauma and Resilience in Social Work Practice wi...
- Vicarious Trauma Redefining PTSD
- Victim Services
- Violence
- Virtual Reality and Social Work
- Welfare State Reform in France
- Welfare State Theory
- Women and Macro Social Work Practice
- Women's Health Care
- Work and Family in the German Welfare State
- Workfare
- Workforce Development of Social Workers Pre- and Post-Empl...
- Working with Non-Voluntary and Mandated Clients
- Young and Adolescent Lesbians
- Youth at Risk
- Youth Services