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Child Welfare in the Legal Setting : A Critical and Interpretive Perspective - Thomas M. O'Brien

Child Welfare in the Legal Setting

A Critical and Interpretive Perspective

Paperback

Published: 2nd November 2004
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Explore legal issues that often hinder the work of child welfare practitioners
Child Welfare in the Legal Setting: A Critical and Interpretive Perspective is a revolutionary study of the child welfare system that is essential for practitioners, educators, and students interested in public child welfare work. It examines the legal system surrounding child welfare workers and highlights their need for agency-specific training. This insightful book challenges the traditional rules of child welfare and paves the way for alternate methods of conceptualizing and organizing child protection. It explores why many family interventions fail and others never even occur. By identifying incongruities between the philosophy of child welfare and its function, this book advocates a more individualistic and efficient technique for assisting clients. Addressing issues and challenges from the initial identification of problems to navigating the legal system, this book is also thorough enough for public child welfare workers who want to take their skills to the next level.
The large-system perspective in this book uses the concentric circle model, the rational legal model of legal and court action, and the ritualized process model to examine child welfare practice. Learn why terms such as "child abuse" and "neglect" have become social constructions that vary depending on the values of social workers, judges, attorneys, agencies, and communities. Child Welfare in the Legal Setting: A Critical and Interpretive Perspective examines the standardization of the organizational activities of child welfare systems and how this limits professionals' ability to accurately recognize unique problems and intervene in the most beneficial manner.
Child Welfare in the Legal Setting also provides controversial opinions on emerging issues including: family investigations sanction for Child Protective Services intervention the legal setting as a host environment the function of the child welfare system rationalization of child welfare intervention "trained incapacity" of social workers Title IVE programs the court system Child Welfare in the Legal Setting: A Critical and Interpretive Perspective identifies vital issues by analyzing the ethical and moral foundations of the child welfare system. This insightful book also takes a close look at how practitioners inadvertently devalue their clients by using language that creates stigmatized social categories such as "victim" and "convicted felon." Supervisors, managers, social workers and child welfare practitioners will benefit from this information. The vignettes that supplement the narrative also make the book an important resource in any child welfare course.

Preface and Acknowledgmentsp. xi
Beginningsp. 1
Introductionp. 1
The Book: An Overviewp. 1
Some Important Concepts or Assumptionsp. 4
The Individual As Constructing Meaningp. 10
Abstract Systemsp. 12
Social Institutions As Abstract Systemsp. 16
The Social and Cultural Worldp. 19
Conclusionp. 23
Sanction, Authority, and the Legal System
The Institutional Context of Child Welfarep. 27
Global Perspectivesp. 27
Child Well-Being at Societal, Institutional, and Family Levelsp. 33
International Perspectives on Protecting Children from Parents/Caretakersp. 37
Child Abuse and Neglect As Social Categoriesp. 38
The American Child Welfare Systemp. 41
The Organization of Child Welfare Programsp. 43
Conclusionp. 43
Governance, Legitimacy, and Trustp. 45
Introductionp. 45
The American System: A Focus on Parental or Caretaker Behaviorp. 46
Child Protective Services As Child Welfarep. 46
Child Welfare As an Industryp. 47
Preventionp. 48
American Child Welfare As Intervention into Family Lifep. 50
Constitutional Rightsp. 58
Conclusionp. 65
Multiple Dimensions of Child Welfare Governancep. 67
Introductionp. 67
The Constitution and Fragmented Authorityp. 67
The Federalist Structurep. 68
The Administrative Structurep. 75
Law and Policy by Appellate Decisionsp. 79
Legislation by Oversightp. 81
Conclusionp. 86
The Organizational Context of Practicep. 89
Introductionp. 89
The Community As a Context for Child Welfarep. 89
The Industrialization of Child Welfarep. 91
The Effects of Industrialization: Alienation, Trained Incapacity, and Case Productionp. 98
The Social Worker's Role As Mediating Levels of Organizationp. 107
Conclusionp. 110
The Legal System As Host Setting: Context and Historyp. 111
Introductionp. 111
Practice in a Host Settingp. 111
Tensions: Social Workers in Court Settingsp. 114
History of the Social Work Professionp. 118
Conclusionp. 124
Images and Realities of the Legal System: Metaphor, Myths, and Stereotypesp. 125
Introductionp. 125
Stereotypes: Their Nature and Actionp. 125
Understanding Conflict Between Social Workers and Attorneysp. 130
Social Work in Public Child Welfarep. 139
Conclusionp. 140
Courts, Models, and Rituals
The Courtsp. 143
Introductionp. 143
The Varieties of Courtsp. 144
Child Welfare Courts: Nonvoluntary Interventionsp. 146
Voluntary Child and Family Courtsp. 153
Ancillary Courts and Legal Issuesp. 158
Litigation: Social Work Liability, Forensic Responsibility, and Agency Actionp. 161
Administrative Reviews: Schools, Welfare, Social Services, Etc.p. 164
Conclusion: Courts As a Labyrinthp. 165
The Concentric Systems View of Child Welfarep. 167
Introductionp. 167
Background or Theoretical Underpinningsp. 168
The Concentric Systems Modelp. 169
Dynamics of the Modelp. 174
Applying the Modelp. 179
A System Overview Using the Concentric Systems Modelp. 181
Summaryp. 189
The Rationalization of Child Welfare Interventionp. 191
Introductionp. 191
The Rational Modelp. 192
The Court Personnelp. 204
The Social Servicep. 206
Conclusionp. 210
Life in Narrative and Drama: Meaning, Self, and Identityp. 211
Introductionp. 211
Behavior As Drama and Narrativep. 211
Child Welfare As Intervention in Social Dramasp. 214
Conclusionp. 228
Social Intervention As Ritualized Actionp. 229
Introductionp. 229
The Ritual Process Modelp. 229
Conclusionp. 242
Ethics, Values, and Conclusions
Ethics, Values, and Integrityp. 245
Introductionp. 245
Self-Determination and Paternalismp. 246
Informed Consentp. 251
Fiduciary Relationshipsp. 253
The Social Worker's "Double Agentry"p. 256
Competing Institutional Loyalties Within Child Welfarep. 257
The Network of Forces Providing the Context of Child Welfare Practicep. 259
Conclusionp. 265
Conclusionp. 267
Child Welfare As "Child Saving Twenty-First-Century Style"p. 267
The Production and Reproduction of Child Abuse and Neglectp. 270
The Industrialization of CPS: Turning Stonesp. 270
The Practice of Social Work: Who Staffs Child Welfare?p. 271
Child Welfare As Practice in a "Host Setting"p. 273
Children's Protection As Taking Place in an Institutional Environmentp. 277
Criminalizationp. 280
Summaryp. 281
Referencesp. 285
Indexp. 295
Table of Contents provided by Rittenhouse. All Rights Reserved.

ISBN: 9780789023513
ISBN-10: 0789023512
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 322
Published: 2nd November 2004
Publisher: Taylor & Francis Inc
Country of Publication: US
Dimensions (cm): 21.6 x 15.6  x 1.91
Weight (kg): 0.5
Edition Number: 1