Case management in criminal justice settings for special populations

¶ … Managers in Criminal Justice

The objective of this study is to answer the question of why it is important to distinguish between community settings and correctional settings when providing services to clients. This work in writing will additional answer as to whether every correctional client require the assistance of a case manager and what special population is most likely to required the assistance of a case manager. Finally, this study will answer as to why ethics and confidentiality play an integral role when working with clients.

The work of Healey (12999) reports that Jurisdictions "across the country are adapting case management techniques, a service delivery approach developed by mental health and social services workers in the late 1960s and early 1970s to suit the needs of a wide variety of criminal justice populations." (p.1) It is reported that the jurisdictions utilize case management for the purposes of reduction of recidivism and in addressing mental disorders as well as developmental disabilities, unemployment, homelessness as well as HIV / AIDS and other serious medical conditions as well as in the areas of offenses including domestic violence and substance abuse.

I. Case Manager's Fundamental Functions: Community vs. Criminal Justice Settings

The literature is reported to have categorized the case manager's fundamental functions into five activities including: (1) assessment of the needs of the client; (2) service plan development; (3) directing the client to needed services; (4) client progress monitoring; and (5) advocacy for the client's needs. (Healey, 1999, p. 2) there are reported to be two types of case management including: (1) strength-based management; (2) assertive case management. (Healey, 1999, p. 1) It is reported that in the criminal justice setting that the "supportive, positive regard displayed by case managers for their clients must be balanced with disapproval of the client's antisocial behaviors or attitudes'. (Healey, 1999, p. 2) According to Healey (1999) the case manager provides different levels of assistance to criminal justice clients based on their specific needs. (Paraphrased) Some criminal justice clients require regular monitoring while others require little supervision or assistance. (Healey, 1999, paraphrased)

III. Case Management: Ethics and Confidentiality

The work of Peterson (nd) entitled "Ethics and Confidentiality" reports that "information regarding a person's substance abuse history is federally protected to encourage those needing treatment to seek help without fear of repercussions." (p.2) It is reported that there are several rules that are applicable to participants in drug treatment courts including the following:

(1) 42 CRR Part 2 -- the alcohol and substance abuse treatment confidentiality rule; and (2) HIPAA -- new federal rules covering all health related information. (Peterson, nd, p. 2)

There are three conditions in which information may be released including: (1) the client gives consent or authorization for the release; and (2) the rule is not applicable when communication is internal to an agency and crimes on the program or premises against agency personnel or under a Qualified Service Organization Agreement. (Peterson, nd, paraphrased) These rules do not apply when there is a medical emergency, for the purposes of research or for the purpose of audit and evaluation. (Peterson, nd, p. 13) Informed consent forms must include the client's name, the name of the organization to make the disclosure, the name of the organization to whom the information is to be disclosed, the type and amount of information not be provided and the reason for the disclosure. (Peterson, nd, paraphrased)

Summary and Conclusion

This study has examined the role of the case manager in the community settings and the criminal justice setting and has examined confidentiality and ethics as well as case management requirements for working with special needs clients.