Going to Court as a Social Worker

Practicum-Child Welfare Agency

Q1. What surprised you about this podcast? (Write 2- paragraph response)

One interesting point brought up in the podcast by Allan Barsky is the fact that when a social worker is involved in a legal proceeding, the social worker’s primary duty is to the legal system rather than to a specific client. This means that rather than offering help or counseling to the individual with whom they are working, the social worker must instead help the court, even if the client has experienced trauma (Singer, 2012). The degree of autonomy which social workers had was also surprising, including regarding subpoenas which are not filed on behalf of the court, but by an involved participant, like the client’s attorney.

In such instances, is not always clear if the subpoena is valid or able to be challenged. The client may also not necessarily be making a good decision regarding asking the social worker to appear in court, or requesting to release all the client’s records, given the fact that when all records are released, these include less flattering as well as flattering documents to the client’s case. Similarly, when the social worker is on the stand, they cannot selectively release information but rather must be truthful and honest and answer all questions to the maximum extent of their abilities. The podcast also noted that appearing in court is not necessarily how it might appear on, for example, a television program. Attorneys may make errors and ask inappropriate questions. If the social worker is uncertain about the best way to answer a question, asking for a break might be a good idea. Even if the social worker is an expert in his or her field, that may not mean that the individual is being called in the area for which he or she is able to give qualified expert opinions. The most important thing is to answer accurately, honestly, and truthfully, but even then, the social worker may feel frustrated that he or she cannot give a complete answer. Again, this is very different from how court proceedings are frequently depicted on television.

Q2. With which areas of the legal system does your practicum interface? (Write 1-1/2 paragraph response)

In the field of young adults aging out of the foster care system, young adults may go through a series of legal proceedings, including emancipation. Before a child fully ages out, there may be custody and competency hearings for the child’s custodians. Young people who have had legal difficulties may be involved in proceedings with the juvenile justice system, or family court system regarding issues they may have had with birth or foster parents. In the case of some young people, both adult and juvenile systems may be involved; for example, if the child is truant, but there are allegations of abuse regarding the child’s parent.

Q3. What grievance procedures are available from your practicum agency for clients? (Write 2- paragraph response)

Because of the nature of Child and Family Protective services, there is often a great deal of contention and animosity about the best ways to protect children and who is at fault in a particular proceeding, even for older children aging out of the system. According to “From Complaint to Resolution,” (2016), the general resolution procedure is to first bring up the concern to the caseworker. Then, meeting with the agency supervisor may be necessary if the caseworker is unable or unwilling to address the client’s concerns. If the problem persists, or is systemic and is unable to be addressed by an individual worker, the county director may need to be brought in, and a complaint may be escalated to the state ombudsman if things are still not addressed properly, followed by the state director of the program (“From complaint to resolution,” 2016). Parents may solicit aid from an attorney at any point of the resolution process.

However, as noted in the podcast, it is usually preferable that things are not escalated to the point of legal action for both the client and the social worker. Keeping good records is usually the best way to ensure that what happened is properly accounted for and the social worker’s account can be supported with documentation. In general, keeping clients out of court ensures the best and most amicable situation for all (Singer, 2012). Particularly for young people, going to court can be a highly traumatic situation, and reducing the sense of fear and stress is preferable for all. Emotionally managing responses to clients can often be the most effective response of all to dealing with difficulties (Singer, 2012).

Q4. What are the low-cost legal resources available in the area for clients? For what types of legal problems? (Write 1-1/2 paragraph response)