“Social Work and Law” by Sunny Harris Rome

Generally speaking, chapter 6 of the book “Social Work and Law” by Sunny Harris Rome mainly talks about child abuse and neglect in the United States. In most cases, parents have a right to take care of their children without the interference of the government. However, the government can intervene if there is any suspicion of child abuse. The chapter contends that the government has two primary functions when it comes to child welfare; first, it focuses on preventing child abuse by attempting to strengthen families. Second, it rescues abused children, regularly by removing them from their home. According to the chapter, the previously mentioned functions are a part of the dualistic system of child welfare. When it comes to the holistic system of child welfare, the main focus is on the family and is primarily used in Europe. It is vital as it promotes early intervention. In addition to early intervention, it also focuses on repairing the family. Also, it is essential to note that the service receives support from faith-based and voluntary organizations. 

Generally, the chapter defines child maltreatment as any act or when a caretaker or parent fails to act which leads to death, emotional or physical harm, sexual abuse, or even exploitation which leads to harm . The chapter informs us about the different types of child maltreatment. Firstly, there is physical injury which involves any bodily injury that is non-accidental such as biting, striking, burning, and kicking. Secondly, there is neglect which implies deprivation shelter, enough food, medical care, clothing, or supervision. Also, in many states, the failure to provide education and failure to thrive are also included. Thirdly, there is sexual abuse which involves using a child for sexual pleasure. Fourthly, there is emotional or psychological abuse which may consist of isolating, rejecting, or terrorizing a child. Such behavior may establish a climate of fear. Fifthly, there I prenatal substance abuse which often results from the mother using prohibited drugs or other substances during the prenatal period. However, the chapter informs us that this kind of abuse is not recognized as abuse in some states. Sixth, there is abandonment whereby the whereabouts or identity of the parent is not known. 

Essentially, the chapter also informs us about the consequences of child abuse such as behavioral, physical and psychological issues, and interruption of gross motor skills as well. Also, the chapter enlightens us on the life cycle of a child abuse case. Apart from the life cycle, it also notifies us about mandatory reporters such as teachers, social workers, child care workers, law enforcement officers, and professionals of mental health. Additionally, it also informs us on reports concerning child maltreatment where many cases go unreported, and other reported cases are unfounded. Besides child abuse reports, the chapter educates us on the investigation procedure of a child abuse case together with the results of the investigation. Also, the same chapter familiarizes us on the assessment and response procedure of a child maltreatment cases. On the same note, if a social worker determines that a child cannot stay safely in the home, the child is usually placed in another house (foster care) according to the best interest of the child. Institutional care is provided for children whose previous experiences were not prosperous. 

For children who do not attain a permanent living situation, there are programs and services set in place to assist them such as daily living skills, healthy relationship building, employment services, and budgeting. The chapter also informs us of the court processes where it highlights two specific methods , civil and criminal procedures . In civil procedure , the court determines whether or not the child has been abused, but it does not punish the perpetrator. However, it ensures the child’ safety. Criminal process, on the other hand, determines the innocence or guilt of the alleged offender. The main players are typically the parent, guardian ad litem, and the CPS agency. In most cases, the CPS worker together with the legal counsel of the agency files a petition of maltreatment. Afterward , a social worker will give testimony and help the family resolve this problem and further provide final recommendations. 

The parents also play a role in the court proceedings where they may have an attorney to represent them. Moreover, they can also decide to remain silent. When it comes to the guardian ad litem, he or she advocates for the interests of the child. He or she investigates the case. Chapter 6 also acquaints us on the court process which involves temporary custody hearing, adjudication, and disposition, review, and permanency hearings. It also requires termination of parental rights and post-termination placement reviews. Children can also be witnesses in court. However, the there court must determine their competency as well as safeguard them within the process. A forensic psychologist typically assesses the competence of a child. Also, both the judge and attorneys question the child concerning competency than those who have interviewed the child give their testimony. 

Chapter 7 Summary 

Chapter 7 essentially talks about adoption. It highlights several laws regulating the process of adoption. It also informs us that adoptions are normally grouped by status or relationships of parents . They include unrelated/stranger, kinship/relative, couple/single parent adoptions, as well as second-parent/stepparent adoptions. Also, the chapter notifies us that adoptions are generally categorized by how they are attained . For instance, there is public agency adoption, independent adoption, licensed private agency adoption, and Hague and non-Hague convention country adoption. 

In addition , the chapter educates us on the adoption process. The Interstate Compact on the Placement of Children (ICPC) facilitates adoption placements. The compact demands for cooperation. For legal adoption, eligibility must be seen on the p art of the parents. The parents must meet the eligibility requirements according to the state as well as family assessment criteria. Also, the eligibility of children must also be determined during the adoption process. For example, the chapter highlights that factors such as the death of parents make a child eligible for adoption . 

Further , the section presents us with the adoption steps. The steps primarily involve orientation and training as well as home study visits. Also, personal documents such as divorce decrees, marriage licenses, birth certificates, and driving records are needed. Also , mental health and physical assessments are crucial. 

Generally, an assessment is carried out on the family. For instance, they examine attributes such as the motivation of a family to adopt, experience in child rearing, type of child best prepared to parent, home and marriage stability, financial status, as well as criminal history. In addition to family assessment, child assessment is also carried out. For example, they examine the desire of the child to be adopted, his or her mental and physical health, attitude towards biological parents, the effect of abuse on the child’s growth, and his or her needs. 

Social workers, in general, make conclusions and recommendations regarding the child’s adoption. The adoption request can be approved, deferred and even denied. There is a special consideration in adoption placements. Religion and race are no longer considered during adoption. Also, few states do not allow same-sex couples to adopt . Moreover , adoption consent is needed from all relevant parties . Nevertheless , permission is not required when a biological parent is mentally incompetent, deceased, or there has been termination of parental rights. There can be revocation of approval especially when biological parents no longer want their child to be adopted. For this reason, consent laws have been set in place to balance competing interests. 

Generally, open adoptions exist, and the process is private. All too often, once the adoption is over, the court documents are usually sealed. Nonetheless, information may be disseminated if all parties consent or a court issues an order. Adoption may be annulled if the adoptive parents were not notified about a medical condition or special needs or if there is a weak relationship. Wrongful adoption occurs when parents want to be compensated financially instead of adoption reversal. When it comes to international adoption, the U.S frequently adopts children internationally. Such adoptions must follow both the laws of the U.S and the foreign nation’s laws. 

Chapter 8 Summary 

Chapter 8 primarily enlightens us about child custody. The types of custody include Joint, Sole, or Split Physical Custody, and Joint, Sole or Split Legal Custody. Child custody arose in the 1600s during the English common law. At that time, children belonged to their fathers. The Tender Years Doctrine declared that children under the age of 7 typically belong to their mothers unless she was unfit. However, the doctrine was reversed, and today, custody is considered based on several factors such as children’s sex and age, parental relationships, needs of the children and home environments. 

The primary caretaker is that parent who is responsible for preparing and planning meals, bathing and dressing the child, clothing the child, arranging social activities, as well as educating the child. Also, there is a psychological parent standard where the courts mainly focus on the parent that will best meet the child’s emotional needs. All custody decisions put into account the child’s best interests. Today, all states have come up with statutes requiring the courts to put into account the child’s best interests. Therefore, the courts consider numerous factors that bring about safety and preserves the well-being of the child. Ordinarily, the child’s best interests are customarily defined by keeping children in their original home, maintaining the integrity of the family, safeguarding the safety and health of the child, making decisions that promote permanence, as well as ensuring the provision of guidance and proper care. 

The nexus test is typically beneficial as it separates relevant from irrelevant considerations concerning custody. Also, parental behaviors and characteristics are on ly considered if the evidence indicates that they have a connection to the wellbeing of the child. There are legal presumptions in custody cases. When both parents are eligible to assume custody, a specific party is preferred without weighing the relative virtues of the parents. A noncustodial parent can be granted visitation rights based on the child’s best interest or the parents’ right to make decisions. Nonetheless, a non-custodial parent may not be given visitation rights if the court realizes that visitation puts the child’s mental, physical, emotional, or moral health at risk. Nonparents such as grandparents and siblings can also petition for visitation, and they must have strong ties with the child. 

Chapter 9 Summary 

Ideally, chapter 9 provides adequate information on domestic violence. The fight against domestic violence began in the 1970s. The first shelter was established in Minnesota. Afterward , domestic violence awareness increased, and departments of police officers and prosecutions of offenders grew. Roughly 0.08% of men and 0.26% of women report being victimized or abused by a partner. Young women are mainly at risk of domestic violence. Also, divorced or separated individuals are at a higher risk than married or single. The types of abuse include sexual, physical, financial, emotional, humiliation, manipulation, as well as intimidation. 

Violence is not generally always one-sided. Therefore, exploring the dynamics is vital. Factors that must be assessed include victims and perpetrator characteristics, violence or abuse history, and the relationship patterns of the couple. In most cases, the cycle of violence involve tension, explosion, and finally honeymoon. Children are usually t he secondary victims of domestic violence, and as a result, they may develop language or cognitive issues, stress-related illnesses, speech and hearing issues. They may also have difficulties in school or develop eating or sleeping disorders. 

Often, a protective order is granted to protect the likely victims of abuse. It is awarded to prohibit a perpetrator from taking part in harmful behavior. There are legal consequences if the perpetrator violates t he protective order. There exist an eligibility criterion for protective orders. They are only available to those who fall under the definition of the state of domestic violence. All household and family members may be issued with protective orders. One can be issued with a protective order only if the perpetrator has been taken into custody. A protective order contains typically safeguards . Herein, an abuser cannot assault or harass. The abuser may not come near the petitioner’s church, home, or workplace. Also, no contact is allowed, and visitation rights on the part of the abuser may be changed . Furthermore, the abuser is required to finish the intervention . 

Social workers are required to assist clients to comprehend that protective orders are not a safety plan. Effective protection orders are those that forbid all contact. Traditionally, the police were only allowed to arrest a perpetrator if they had seen a violent act. They were regularly unable to capture an individual at the scene merely because battery and assault are viewed as a misdemeanor. On the same note, there are two types of arrest, mandatory and preferred arrest. In mandatory arrest , officers arrest without regard to the wishes of the victim . In contrast , in preferred arrest , officers arrest if there is a likely cause to believe violence has taken place. Many perpetrators of domestic violence are charged with misdemeanor assault. Also, not all prosecution reach trial. 

When it comes to sentencing and recidivism, perpetrators very regularly re-abuse. Besides incarceration, those guilty of domestic violence must finish batterer intervention programs. However, the compliance with such programs is frequently low. Also, there are specialized courts set in place to deal with cases of domestic abuse. This enables the victims and the community to realize that there is the availability of special assistance and the perpetrator will be punished . Battered women have been tried for killing or assaulting their abusive partners. A number of these women have depended on the self-defense or insanity defense. 

Chapter 10 summary 

This chapter generally provides information on older adults. Social workers need to be aware of age discrimination, adult protection, and guardianship and competency laws. They should focus on those who experience exploitation, abuse, or discrimination. According to census projections, there will be an increase in the elderly population between 2010 and 2030. Women generally outnumber their male counterparts. 0.09% of the elderly live in poverty. Also, 78.9% of the elderly reside in metropolitan areas. Further, an additional 4.1% reside in institutional settings. 

It is difficult to meet the needs of the elderly via social policy since the process of aging impacts everyone differently. Federal programs include Medicare, Medicaid, and Social Security. The role of social workers is to directly work with the elderly by granting the management of cases as well as delivering services. Also, they should provide support to the families of the elderly and the elderly as well. Finally, they should grant support in decisions involving health care . There are new programs for the elderly such as National Family Caregiver Support, adult day services, and Family and Medical Leave Act. 

Social workers usually assist in relieving the stress that is brought about by family caregiving . In this regard, they aid in finding and accessing housing, community resources, as well as support groups. The types of elderly abuse include institutional, domestic, self-neglect, physical, neglect, sexual, and financial abuse . The main perpetrators in cases of elder abuse are adult children, spouse, grandchildren, other relatives, parents, siblings, as well as service providers. Nurses, social workers, doctors, dentists, mental health providers, and law enforcement are required to report elder abuse. Studies indicate that most cases of elder abuse are underreported . 

Adult Protective Service caseworker is tasked with receiving and examining reports of elderly abuse, investigating, deciding if services are required, granting services if an adult accepts help and making a disposition. The APS worker also determines the validity of the abuse allegation. Challenges exist for social workers when it comes to taking care of the elderly. The elderly have a right to make their own decisions. T herefore , social workers must respect their self-determination. At times, it may be difficult to detect neglect or abuse. Essentially, age discrimination exists where the elderly face challenges finding and retaining employment hence ; social workers are in a position to respond to this issue. The Age Discrimination in Employment Act (ADEA) safeguards employees who are above 40 years from discrimination in firing, hiring, layoff, promotion, compensation, training, as well as job assignments. 

The chapter notes that distinctions based on age are justified if it is a feature that is fundamental for a specific job. In following an ADEA claim, there should be the filing of a complaint with the Equal Employment Opportunity Commission. Then, the employer must file a response and give supporting documents. The EEOC files a lawsuit against an employer once it finishes an investigation. The implications for social work include promoting the hiring of the elderly because of their experience and providing support and legal assistance to the victims. Also, advising organizations on working arrangements for elderly workers. 

Some grandparents are raising their grandchildren, and as such, they have complicated legal, financial, and social needs. The role of the social worker, in this case, is to comprehend the legal options available to this kind of grandparents and the services and benefits that are available to help them. Also, social workers work with the elderly and their families and discuss with them issues involving competency as well as end-of-life care. Older adults may become incapacitated . Therefore , guardianship may be assigned. It involves legal authorizing of a person who will make decisions on behalf of the older person. The types of guardianships include plenary, guardians ad litem, limited and voluntary guardianships. 

When it comes to end-of-life care, advance directives are established where an adult expresses their wishes. Social workers play a critical role in evaluating their clients’ statements. Also, they can intervene with healthcare professionals to alleviate suffering and pain. Social workers are required to stat conversations regarding adult guardianships. Additionally, they must ensure the safety of the vulnerable elderly and be aware of the different state laws concerning the elderly.