Social Workers - What laws affect you regularly?

Question

I have to write a paper on this topic - looking for some direction as far as laws to look up....
Things like confidentiality, that sort of thing.

Thanks for any ideas

Answer 1

There are laws but then there is mainly the social work code of ethics. Plus, social workers work in so many different settings that they also have their agencies rules to abide by.
the number one "law" that we work under and probably the most important is the abuse reporting law. we must report child and elder abuse to the proper authorities. additionally, we are mandated under the Tarasoff law to warn a person if we feel that they are in harm or to contact the police (there was a case way back when where a man told his therapist that he would kill his girlfriend. the therapist didn't know what to do and he did end up killing her). that law is the "duty to warn" law.
In California we also have to abide by the LPS act...(Lanterman Petrie Short Act I think but I'm not quite sure) also called the 5150 law. Basically, we are mandated to act when a person is a danger to themselves or others (ie suicidal/homicidal). We either need to have them hospitalized or contact the police. If they are not suicidal but state they are thinking about it, we usually have to do some kind of verbal or written suicide contract.
You did bring up confidentiality which falls under HIPAA laws. According to the confidentiality guidelines under HIPAA, we are not allowed to share or divulge any personal client info without a court subpoena. This includes clients who are no longer working with us and who are deceased. In order to share information, we have to have a release signed by the patient or her representative.
There are some other laws and regulations but these are "the big 3" IMHO.

Answer 2

Those are both commonly used, but it also depends on the field. As a former social worker in elder and child abuse, and then as a supervisor of in-home caregivers, I agree that mandated reporting is probably the most commonly applied law. Confidentiality comes in more in certain areas, like if you practice therapy as a LCSW. Not always used on a daily basis for the rest of us. But mandated reporting is required of us as well as receiving reports from mandated reporters. Most of my cases came from mandated reporters, people required by their profession to report suspeced abuse, like doctors, teachers, even bank tellers these days.

Answer 3

Two words.
Mandated Reporter.

Answer 4

Privacy laws are the biggest issue in this area of work so start your paper on this issue.

Answer 5

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