Child Welfare in the Legal Setting

Thomas M. O’Brien, MSW, MBA, DPA, LCSW, is Assistant Professor at California State University, Chico. He holds a Master of Social Work degree from Saint Louis University, a Master of Business Administration degree from San Jose University, and a Doctor of Public Administration degree from the University of Southern California.

Preface and Acknowledgments

Chapter 1. Beginnings

Introduction

The Book: An Overview

Some Important Concepts or Assumptions

The Individual As Constructing Meaning

Abstract Systems

Social Institutions As Abstract Systems

The Social and Cultural World

Conclusion

SECTION I: SANCTION, AUTHORITY, AND THE LEGAL SYSTEM

Chapter 2. The Institutional Context of Child Welfare

Global Perspectives

Child Well-Being at Societal, Institutional, and Family Levels

International Perspectives on Protecting Children from Parents/Caretakers

Child Abuse and Neglect As Social Categories

The American Child Welfare System

The Organization of Child Welfare Programs

Conclusion

Chapter 3. Governance, Legitimacy, and Trust

Introduction

The American System: A Focus on Parental or Caretaker Behavior

Child Protective Services As Child Welfare

Child Welfare As an Industry

Prevention

American Child Welfare As Intervention into Family Life

Constitutional Rights

Conclusion

Chapter 4. Multiple Dimensions of Child Welfare Governance

Introduction

The Constitution and Fragmented Authority

The Federalist Structure

The Administrative Structure

Law and Policy by Appellate Decisions

Legislation by Oversight

Conclusion

Chapter 5. The Organizational Context of Practice

Introduction

The Community As a Context for Child Welfare

The Industrialization of Child Welfare

The Effects of Industrialization: Alienation, Trained Incapacity, and Case Production

The Social Worker’s Role As Mediating Levels of Organization

Conclusion

Chapter 6. The Legal System As Host Setting: Context and History

Introduction

Practice in a Host Setting

Tensions: Social Workers in Court Settings

History of the Social Work Profession

Conclusion

Chapter 7. Images and Realities of the Legal System: Metaphor, Myths, and Stereotypes

Introduction

Stereotypes: Their Nature and Action

Understanding Conflict Between Social Workers and Attorneys

Social Work in Public Child Welfare

Conclusion

SECTION II: COURTS, MODELS, AND RITUALS

Chapter 8. The Courts

Introduction

The Varieties of Courts

Child Welfare Courts: Nonvoluntary Interventions

Voluntary Child and Family Courts

Ancillary Courts and Legal Issues

Litigation: Social Work Liability, Forensic Responsibility, and Agency Action

Administrative Reviews: Schools, Welfare, Social Services, Etc.

Conclusion: Courts As a Labyrinth

Chapter 9. The Concentric Systems View of Child Welfare

Introduction

Background or Theoretical Underpinnings

The Concentric Systems Model

Dynamics of the Model

Applying the Model

A System Overview Using the Concentric Systems Model

Summary

Chapter 10. The Rationalization of Child Welfare Intervention

Introduction

The Rational Model

The Court Personnel

The Social Service

Conclusion

Chapter 11. Life in Drama and Narrative: Meaning, Self, and Identity

Introduction

Behavior As Drama and Narrative

Child Welfare As Intervention in Social Dramas

Conclusion

Chapter 12. Social Intervention As Ritualized Action

Introduction

The Ritual Process Model

Conclusion

SECTION III: ETHICS, VALUES, AND CONCLUSIONS

Chapter 13. Ethics, Values, and Integrity

Introducti