SOWK2001: Law & Human Services Lecture Notes PDF

SOWK2001: Law & Human seSWOrvices SOWK2001: LAW & HUMAN SERVICES LECTURER: Ms Sandra Latibeaudiere, MSW : an uneasy coexistenceLL Contents Theories of law What is human service Purpose/function of law in Human Services Why social workers should know th...

SOWK2001: Law & Human seSWOrvices SOWK2001: LAW & HUMAN SERVICES LECTURER: Ms Sandra Latibeaudiere, MSW : an uneasy coexistenceLL Contents Theories of law What is human service Purpose/function of law in Human Services Why social workers should know the law Applying the law to social work Social work and the law and uneasy coexistence  Theories of Law & Justice The basic aim of the law is the attainment of justice in society (Abbott, Keith, et al, Business Law (8th edition) Theories of law provide diverse perspectives on the nature and function of law. They help in understanding the complexities of legal systems and the impact of laws on society. Natural Law Theory Utilitarian – an action is right if it results in the happiness of the greatest number of people in a society or a group. Marxist Legal Theory  Definition: Asserts that law is based on moral principles inherent in human nature. Key Thinkers: Thomas Aquinas, Aristotle, John Locke. Principles: o Law is derived from a higher moral Natural Law order. o Unjust laws are not true laws. Applications: o Human rights discourse. o Legal arguments against unjust laws.  Theories of Law? Natural Law : is a legal theory that recognizes law and morality as deeply connected. Natural law theorists believe that human laws are defined by morality, and not by an authority figure, like a king or a government. Such laws do not vary from place to place and from time to time and are used to control or weigh the laws made by human beings. These laws are absolute laws Theories of Law? Natural Law : Therefore, we humans are guided by our human nature to figure out what the laws are, and to act in conformity with those laws. Eg social work principle of self-determination follows the natural law philosophy in its relation to the formal ideal of human dignity  Definition: Utilitarianism is a moral theory that advocates for actions that maximize happiness and well-being Utilitarian Law for the majority. Theory Origins: Rooted in the works of philosophers such as Jeremy Bentham and John Stuart Mill.  Definition: Views law as an instrument of the ruling class to maintain capitalist structures. Key Thinkers: Karl Marx, Friedrich Engels. Marxist Principles: o Law serves the interests of the bourgeoisie. Legal o Legal systems reflect and reinforce economic inequalities. Theory Applications: o Critiques of property laws and labor rights. o Analysis of law in relation to class struggle.  Definitions - Human Service Organizations What is a Human Formal organizations whose primary business is the provision of social service services that contributes to the organization? social well-being of clients. (Lippitt, Watson, & Westley, in Lauffer, Armand, 2001)  “a social agency that delivers social services and is usually staffed by human service personnel (including professional social workers, members of other professions, paraprofessionals, clerical personnel, and sometimes indigenous workers). It provides a specific range of social services for members of a population group that has (been) or is What is atoHuman vulnerable a specific social problem. service The agency may be funded by combinations of philanthropic organization? contributions and privately solicited donations, by governments, by fees paid by those served, or by third-party payment” (Barker, 2003, p. 202).  To enhance human well-being and help meet basic needs of all people, with particular attention to the needs and Primary empowerment of people who are mission of vulnerable, oppressed, and living in poverty. human service To promote social justice and social change with and on behalf of clients. professionals (Zins 2001, p. 7) Clients include individuals, families, groups, organizations and communities  People are the raw materials According to Hasenfeld (1992) “the core activities of the organization are structures to process, sustain or change people who come under its jurisdiction” (p.4 -5) Characteristics Different transformation processes are used to bring about change in clients and it is of HSO these processes that differentiate HSOs from other organizations. Examples: Mental Health Facility Educational institutions Career, Employment* & Rehabilitation Service Classifications of HSO Hasenfeld (1983) identifies the following 3 types of HSOs People Processing People Sustaining People Changing Types are based on the changes they are trying to achieve. Seek to Restore – Improve – Maintain – the well-being of clients  “Collaboration will not be realised Applying law to without discussion of values, power, objectives, expertise, knowledge and human services structures.” (Braye & Preston-Shoot, 1997) Purpose/function of the Law in human services Laws, including legislation, court decision, and administrative regulations impacts every aspect of human services: The entrance into and exit from the health and human services delivery system (CCPA, Mental Health Act (voluntary or involuntary), welfare programs, correctional facilities) The criteria used to determine eligibility for treatment, benefits, or services (Poor Relief Act, Legal Aid) The rights to which clients are entitled (CCPA institutional care, due process, individual’s right to consent or reject treatment, right to self- determination) 15 Function/purpose of the Law in human services (cont’d)  The rights to which professionals and staff are entitled (found in the Services Commission Act – work should get paid, right to privacy, free from sexual harassment )  The way in which human services programs are administered and regulated (administrative rules and regulations in relation to hiring, firing, agency, executive and worker liability)  The relationship between the professional and client (informed consent, mandatory reporting of child abuse, confidential communications, steps to protect an individual from harm to self or others)  Why it is important for Social Workers to know the law It outlines the scope of their powers and duties Provides legitimacy to the activities of the social service professional Outlines what they should and should not do Sets clear lines of accountability Provides a framework for the decision-making process* Helps to clarify ethical issues A final arbiter between agency and service users. Guides social worker to aid a client in navigating within the space Advocate for Legislative reform Why should Human Service providers know about the law? (cont’d) The law provides the mandate for social service agencies particularly those in the public sector Provides powers to intervene Provides authority for practice (even though in many areas of practice the knowledge of the law are not always necessary to practice) Knowledge of the law is fundamental to good practice Limitations of the law It cannot prescribe an answer or procedure for every human condition. It can only provide a framework. There are no standardised courses of action to take in certain circumstances. Professional practice is always ahead of the law. Social workers (and other social service professionals) are guided by a code of ethics and the law does not provide for these* The changes in the social sphere are always ahead of those in the legal sphere. Social work practice is founded on and informed by a value base; however, this value base is uncertain and changing (Shardlow, 1998). Works cited Braye, S. & Preston-Shoot, M. (1997). Practising Human Work Law. Hampshire: Macmillian Raymond Albert - Law & Social Work practice L. Orlando Miller – The Jamaican Business Law Module Dickson, D. (1995). Law in the Health and Human Services: A guide for human workers, psychologists, psychiatrists, and related professionals. New York: the Free Press. Hasenfeld, Y. (1983). Human Service Organization. Prentice- Hall Van Wormer, Katherine and Besthorn, Fred H. (2011). Human Behavior and the Social Environment: Groups, Communities and Organisations. 2nd Ed. Oxford University Press Inc. Batts, D. (2022). The law and constitution for every Jamaican. The Caribbean Law Publishing Company.