EFFECTIVELY WORKING WITH SOCIAL WORKERS AS PART OF YOUR DEFENSE TEAM

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Clifton Maximilian Blankenship
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1 EFFECTIVELY WORKING WITH SOCIAL WORKERS AS PART OF YOUR DEFENSE TEAM PRESENTATION BY: ARIEL TEST: LOUISIANA CENTER FOR CHILDREN S RIGHTS ASHLEY RATLIFF, JD/MSW: CO OFFICE OF ALTERNATE DEFENSE COUNSEL KAREN YAZMAJIAN: NY LEGAL AID SOCIETY

2 SOCIAL WORKERS WHO ARE THEY? Forensic social worker: Forensic social work is the application of social work training to questions/issues relating to law/legal systems. FSWs hold - Advanced (Masters) level degree (MSW); many are Licensed professionals (LSW, LCSWs where they receive ongoing specialized training Clinical social worker: Clinical social work is a specialty practice area of social work which focuses on the assessment, diagnosis, treatment, and prevention of mental illness, emotional, and other behavioral disturbances. Individual, group and family therapy are common treatment modalities Case worker: Case workers are commonly employed by DHS/child welfare and help people obtain more basic needs like housing, medical care, mental health care, food assistance,

3 WHAT CAN SOCIAL WORKERS DO? Collaboration with all legal team members (Attorney's, Experts, Investigators) Consistent client engagement Mental Health diagnosis and assessment Comprehensive Bio-Psycho-Social Reports Investigation and Assessment of Mitigation Themes Advocacy Family communication and engagement Skill assessment/skill Building Treatment Recommendations Re-entry planning

4 WHAT CAN SOCIAL WORKERS DO?

5 WHY Should we include a SW on the team? Legal representation Ability to assess more in-depth mitigation Deeper understanding of developmental factors impacting clients Client Benefits Team/Relational Attorney Societal Realm/Cost Benefits Validity and assurance to the court

6 WHEN

8 LEGAL AID OF NEW YORK INTEGRATED SOCIAL WORKER LEGAL TEAM Social Workers are integrated members of legal representation they do not provide independent social worker services

9 ROLE OF THE SOCIAL WORKER ON THIS INTEGRATED TEAM Goals and tasks for Social workers in this role: Obtain and review records: school records, evaluations, service reports Use a strength-based approach while also addressing concerns/problems Identify in the past what has worked and not worked in the past, and what is different now Develop a track record for purposes of showing willingness to use services, as well as compliance Develop a plan that addresses: School, Support, Services, Structure, Supervision, Scheduling Tell the client s life story: individualize, normalize, and contextualize Obtain letters of recognition, achievement and recommendation

10 Structures and Tools for Integrating Social Work Advocacy into Effective Juvenile Defense Performance evaluation Job descriptions PYD Advocacy Structure Recruitment and hiring Ongoing communication (data collection and dissemination, team meetings, case planning) Expectation and goal setting (practice standards, policies ) Professional development (crosstraining)

11 WHAT CAN SOCIAL WORKERS DO? LOUISIANA CENTER FOR CHILDREN S RIGHTS

12 Data Collection and Dissemination Client and Parent Intake Attorney Interview Service Referral Team Engagement Psychosocial Assessment Case Closure Case Planning Records Collection Louisiana Center for Children s Rights

14 COLORADO COADC / CJDC FORENSIC SOCIAL WORK PROGRAM

15 PARTNERSHIPS AND COLLABORATION

16 Office of Alternate Defense Counsel Forensic Social Worker Program Colorado Juvenile Defender Center partnership and internship Independent contractors supervised by LCSW Heirarchy of case assignments: JLWOP, Direct File, High Needs Juvenile, All others Office of the State Public Defender NJDC Assessment recommendations regardin access and quality of counsel Legislation for representation at detention hearings and inclusion of social workers on staff Staff Detention site offices Pre-trial mitigation and alternative sentencing memorandum

17 Educating DAs - Educating the court

18 Protective Factors Good relationship with parents Relationship with Pans and Capulets Church Peter Pan is 0-3 years old VS. Risk Factors Witnessed physical and verbal domestic violence Peter s father was involved in drug distribution Peter s mother was functioning alcoholic and had untreated bipolar disorder years old years old years old years+ old

NOT ALLOWED TO RETURN TO SAN DIEGO FOR A FRESH Protective START Factors STEP-MOTHER AND Peter STOPPED Risk Factors TALKING DO NOT CALL ME MOM The Darling STILL INVOLVED IN CUSTODY BATTLE JULY 2013:

19 NOT ALLOWED TO RETURN TO SAN DIEGO FOR A FRESH Protective START Factors STEP-MOTHER AND Peter STOPPED Risk Factors TALKING DO NOT CALL ME MOM The Darling STILL INVOLVED IN CUSTODY BATTLE JULY 2013: Peter S FATHER HAD HIM Family BETWEEN PARENTS ADMITTED TO HOSPITAL NO TREATMENT FOR PAST/CONTINUEAL 2013: PICKED UP NOT ALLOWED TO TALK TO TRAUMA JUVENILE CASES YOUNGER BROTHER WITHDRAWING FROM FAMILY GETTING PROHIBITED FROM BMX CONSTANT YELLING IN THE HOME JUMPED BY PEERS SUMMER 2013: MOVED TO NEW FELT HOME IN DENVER FORCED TO FEB. 2014: STEP-MOTHER STOPPED PROTECT PARTICIPATING IN MST HIMSELF : HOUSE KEY TAKEN AWAY Peter Pan is years old NEGATIVE PEERS MARIJUANA USE Peter RAN AWAY MULTIPLE TIMES TO AVOID NEGATIVE HOME LIFE

20 PROTECTIVE FACTORS CAN OUTWEIGH RISK FACTORS IN REHABILITATION IN THE JUVENILE SYSTEM 0-15 years old years old

21 ETHICAL CONSIDERATIONS Mandatory Reporters vs. Agent of the team what is going on in your state? Louisiana - Louisiana Children s Code art. 603

22 AGENT OF THE TEAM INTEGRATED MEMBERS Social worker as an integrated member of the team is covered under the lawyer s confidentiality obligations to the client All client information is shared between the lawyer and social worker Social workers are not considered mandated reporters Legal authority: New York caselaw: Matter of Lenny McN., 183 A.D. 2d 627, 584 N.Y.S. 2d 17 (1 st Dept. 1996); Matter of Renee B., 227 A.D. 2d 315, 642 N. Y.S. 2d 685 (1 st Dept. 1996). D.C.: DC Code Section /02 (b) Colorado: CRPC 1.6 Attorney Confidentiality

23 BUILDING CAPACITY

24 ?QUESTIONS?

25 THANK YOU! Alone we can do so little; together we can do so much. Helen Keller

The Many Facets of Social Work

The Many Facets of Social Work The scope of social work practice is remarkably wide. Social workers practice not only in the traditional social service agency, but also in elementary schools; in the military;