Legal Mandate ExerciseDirections: This assignment has two parts: Part 1: The purpose of this exercise is to provide an opportunity for you to (1) become familiar with various legislation, (2) skills development in researching this information, and (3) understand the impact on social work practice. Please keep in mind that some federal legislation is implemented at the state and/or parish level or originate at the state/parish level. It is hard to find a concise list of any specific social work
Select 4 legal mandates/court decisions from the list below to research and provide a brief summary including: (1) purpose/benefit of the mandate/legislation/court case, (2) who the mandate impacts/protects, (3) impact on social work practice (special thought on how it supports confidentiality or self-determination or conflicts with those values). mandates as it is different from state to state.
Please write your responses in complete sentences.
Gerontology or Child & Youth students chose a mandate in your emphasis area.
Please cite when appropriate.Mandates: (Please select four from the list below)
Adam Walsh Child Protection Act of 2006 (H.R. 4472) or Megans Law
Child Abuse Prevention and Treatment Act
Tarasoff v Regents of the University of California (1976)
Health Insurance Portability and Accountability Act (HIPAA)
Health Information Technology and Clinical Health Act
Patient Protection and Affordable Care Act (2010)
Patient Self-Determination Act (1990)
Personal Responsibility and Work Opportunity Act (1996)
Uniform Health Care Decisions Act (1993)
Louisiana Childrens Code, Article 610 D (Federal: Child Protective Services Act of 1973 is what required each state)
2009 Louisiana Code TITLE 14 Criminal law : RS 14:80 Felony carnal knowledge of a juvenile
Social Services Law Title 6 Section 413
Individuals with Disabilities Education Act (IDEA)- Public Law No. 101-476
Data Protection Act- 1998
The Children Act of 1989
Americans with Disabilities Act 1990
Title 42: Public Health (42 CFR Part 2) (The restrictions of these regulations upon the disclosure and use of drug abuse patient records were initially authorized by section 408 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C. 1175). That section as amended was transferred by Pub. L. 9824 to section 527 of the Public Health Service Act which is codified at 42 U.S.C.T,
La. R.S. 15:1504 Mandated Reporting Elder Abuse
FERPA (Family Educational Rights and Privacy Act) – you can provide general understanding of the law but specific attention to 34 CFR Part 99-pertains only to school social workers and those that collaborate.
ACT 954, the LaPOST
2011 Louisiana Laws Revised Statutes TITLE 9 Civil code-ancillaries RS 9:2800.2 Psychologist, psychiatrist, marriage and family therapist, licensed professional counselor, and social worker; limitation of liability
Part 2: The purpose of this exercise is to provide an opportunity for you to apply your knowledge of mandated reporting and reflect on the many complexities of the process. You will review the scenario listed in all four headings and provide a reflection of the impact on each system and then your response to each situation.Mandated Reporting: Benefits and Challenges in Reporting You are a social worker providing services in schools as part of a school-based contract with mental health program and have been providing 1-1 counseling to an 8 y/o female for six months. The teacher reported concerns that an adult living in the home may be abusing one of your clients. You meet with the student, complete a risk assessment, confirm suspicions of sexual and physical abuse and must make a report. (1) Suspected Child Abuse
Impact on MH Professional Impact on Client Impact on Family System Pros/Cons
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