Shared Flashcard Set

Details

Social Work and the Law
Final Exam
60
Sociology
Undergraduate 4
04/23/2008

Additional Sociology Flashcards

 


 

Cards

Term
    What is voluntary Relinquishment?
Definition

A parrent may voluntarially relinquish or surrender the right to raise a child. Relinquishment for the purposes of adoption generally occurs by consent or surrender.

Consent: a parrent gives consent for their child to be adopted by another person- they typically know the adoptive family.

Surrender: a parrent voluntarially agrees to the adoption of his or her child but does not know the adoptive parrents.  

Term
What is the standard in Nebraska for terminating parental Rights?
Definition
clear and convincing evidence
Term
What is required to be given to both parrents prior to adoption going forward?
Definition
notice
Term
What is notice by publication?
Definition
printing the hearing in the news papaer
Term
What court is granted exclusive jurisdiction for adoption of native american children under the indian child welfare act?
Definition
tribal court
Term
How long do you have to be a nebraska resident for the court to have jurisdiction over a divorce action?
Definition
one year
Term
What is the uniform child custody jurisdiction act and what is its purpose?
Definition
childs home state has jurisdiction over their case, formalize which state has jurisdiction over a case
Term

Under the UCCJA, how long does a child generally have to be living in the state for the state to have jurisdiction?

 

Definition
6 consecutive months
Term
In Nebraska, how is child support calculated?
Definition

compars both parrents income,

factors can include

health insc costs, student loans, support for other children, substantial fluxuations in income over the last 3 years, retirement plan contributions, who claims the child for taxes 

Term
Under what circumstances can a child support order be changed?
Definition
"material change" loss of job etc
Term
Is fault required to be proved in a Nebraska divorce action?
Definition
No- No fault state
Term
Is a parenting plan always required in Nebraska divorce cases?
Definition
Not if you dont have kids.
Term
Is Nebraska a community property state? if not what is the standard for division of property?
Definition
no- "equitable" division of property, pre-marital and "gift" assets are taken into consideration
Term
What is the overreaching standard the courts apply when determining custody in Nebraska?
Definition
Term
What is the difference between a Guardian at Litem and an attourney for a child?
Definition
gal can be psychologist, sw or att, court apointed attfor child is gal
Term
How many years does a father have to establish paternity in Nebraska?
Definition
18
Term
What types of discrimination occur in education?
Definition
race, wealth (defacto), disability, sex, religion
Term
What is the difference between de facto segregation and de jure segregation?
Definition

blatant/facts (ie 90% of area aa)

by law (ie aa must go to school here) 

 

Term
Are children of illegal aliens entitled to the same education as children of citizens?
Definition
yes
Term
What is the main factor in wealth discrimination?
Definition
property tax
Term
Under what circumstances can a school be held liable for student-on-student sexual harassment?
Definition
if they have knowlege and faild to act on improving a hostile enviornment
Term
What is  the coppulsory age of education in Nebraska?
Definition
18
Term
What is the standard applied to schools for discipline of students?
Definition
Term
What constitutional right is invoked through expulsion or lengthy suspension form school?
Definition

The due process clause of the Fourteenth Amendment to the United States Constitution states"....nor shall any State deprive any person of life, liberty, or property, without due process of law...."

school board members and school administrators act under the color of state law so whenever a liberty or property interest of a student is involved, the student must be given the basic due process rights guaranteed by the U.S. Constitution.
Term
What is IDEA?
Definition
Disabilityaccomidations/ ADA
Term
What is meant by "appropriate" education?
Definition
reasonable accomidations/ as long as the student is learning and progressing
Term
IDEA requires what standard for the educational for the enviornement for the disabled student?
Definition
due process standard
Term
Why are involunatiry commitments considered quasi-criminal court actions?
Definition
The rules of evidence apply and things inadmissable in criminal court are inadmisable in this trial-
Term
What is the legal standard for involuntairy commitmant?
Definition
Clear and Convincing Evidence
Term
After an EPC, how long before a Mental Healthy Evaluation is required?
Definition
36 hours
Term
How long after a MHE is a mental health certificate required?
Definition
24 hours
Term
How long does a facility have to act on a written request for discharge from a person voluntarially committed?
Definition
48 hours
Term
If a law enforcment officer takes a person into custody and has probable cause to believe they are mentally ill and dangerous, what must that officer do with that person?
Definition
epc them
Term
What is the makeup of the mantal health board?
Definition
Psyc. Social Worker, Psych Nurse, lay person, social worker
Term
Does the subject of the petition have a right to have legal council?
Definition
Yes
Term
What is the public policy preference in Nebraska for mentally ill and dangerous persons?
Definition
get them help- the may not be capable of doing what is in their best intrest
Term
What is the trent toward the use of restraint and seclusion
Definition
it is used less often
Term
What has the US Supreme court ruled with regard to persons who are incompetent to stand trial and indefinate commitment?
Definition
Can not be commited indefinately, need a treatment plan
Term
What is the legal presumption for minors and adults when it comes to competency?
Definition
Term
Are financial institution required to accept a power of attourney for transactions of behalf of an incopetent person?
Definition
yes
Term
What does the anti-dumping statute require from health care facilities?
Definition

health care facilities cant discriminate, and must treat if it is an emergency

Term
What is the standard for informed consent?
Definition

person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. The individual needs to be in possession of relevant facts and also of his or her reasoning faculties, such as not being mentally retarded or mentally ill and without an impairment of judgment at the time of consenting. Such impairments might include illness, intoxication, insufficient sleep, and other health problems

Term
What are the potential consiquences for treatment without informend consent?
Definition

loss of licensing

liable for malpractice and assault and batter

Term
Name the three main exceptions to the informed consent requirement.
Definition

intoxication

mental illness/retardation

clt unable to respond to approve life saving treatment due to being unconscious

Term
What is a substituted judgement test?
Definition

if they are incompetent, the average persons choice is replace

Term
Name four exceptions to the rule that minors cannot give informent consent?
Definition

emancapated

emergeny

older adults

minor things bandaids etc

Term
What constitutional right was determined to have been violated by a Connecticut law forbidding a married coupple form using birth controll?
Definition
right to marital privacy
Term
Social workers in Nebraska are generally regulated by the following:
Definition
ULL, NASW Code of Ethics, any applicable statutes
Term
At a hearing, unprofessional conduct can be in several forms, name three:
Definition

knowingly providing false info

 knowingly placing false info in a clients records

failing to cooperate in a timely manner 

Term

T or F: the following are examples of improper disclosures of professional communications:

a: telling your spouse about a communication by a client except when the spousal privlidge exists

b: simply acknowleges to a third party that someone is infact a client of yours 

Definition

a:t

b:t 

Term
The duty to protect disclosures of a client during professions communication ends when:
Definition
Term

The following are record keeping errors except:

a: drawing one line through corrected material on a record

b: making a late entry without indicating the date and time

c: putting a different date on the record as long as there was no fradulent intent

d: erasing all signs of mistakes in the record

e: failure to document all appropriate safeguards were taken 

Definition
a
Term
when different standards apply to a profession, which standards should a liscensee comply with?
Definition
the strictest one
Term
What two principles are served by the uniform liscensing law?
Definition
protect clients rights, establish guidlines, protect sw enforce
Term
name two reasons why rules for the protection of clients are written into the statutes, regulations and code of ethics for social workers
Definition
to protect clients rights and to give social workers boundaries
Term

whos intrest does good record keeping protect

 

Definition
everyones
Term
What should you do if you have questions about a subpoena for client records you recieve?
Definition
call the attourney assigned to the case
Term
In Nebraska Dual relationships are allowed if:
Definition
depends on the dual relationship, cant always be avoided in rural areas, worker must protect clts anonymity and maintain professional in both roles, worker may never date or have relations with a client
Term
In Nebraska, when is it improper to have a sexually intimate relationship with a client?
Definition
always
Term

when dealing with attourneys, it is important to:

a make sure your vaccinations are up to date

b make sure your wallett is securely closed

c ask him or her to repeat it in english if you dont understand

d expect and give respect 

Definition
d
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