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Legal Issues

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Each Legal Issue presents an overview of a particular legal topic relevant to social work practice focusing on a recent court decision or emerging legal issue. This archive of articles for NASW members addresses commonly-asked questions as well as hot-button emerging issues.

Issues by Topic

Abuse: Elder, Substance

Social Workers and Elder Abuse (September 2015)
Legal Developments in Treating and Prosecuting Pregnant Substance Abusers (July 2004)
Do Social Workers Owe a Legal Duty to the Alleged Abuser of a Client? (June 2002)

Acts Reform Clauses Laws Issues

The Defense of Marriage Act (DOMA) (June 2012)
Social Workers and Health Care Reform (April 2011)
Social Workers and Conscience Clauses (May 2010)
Mental Health Parity and Addiction Equity Act Interim Final Rules (April 2010)
Social Workers and the Mental Health Parity Act of 2008 (January 2009)
Social Workers and Identity Theft: The FTC "Red Flags" Rule (June 2009)
Social Workers and the Genetic Information Nondiscrimination Act (GINA) (June 2008)
Social Workers and Legal Policy Development (March 2008)
Current Issues in Health Privacy (January 2007)
Social Workers and the USA PATRIOT Act (September 2004)
Megan’s Law: Protecting the Public or Branding Offenders? (October 2003)
Social Workers and “Any Willing Provider” Laws (May 2003)
An Analysis of Revisions of the Final Federal Medical Privacy Regulations Under HIPAA (October 2002)
What Have the Courts Said about Welfare Reform? (May 2002)

ADA

Social Workers and Accommodations for Deaf and Hard of Hearing Clients (September 2009).

Affirmative Action

A Review of the Supreme Court’s 2007 Affirmative Action Decision (September 2007)
What Direction Are the Courts Moving with Affirmative Action? (March 2002)

AI

Navigating Artificial Intelligence & Client Privacy (January 2024)

Anniversary

LDF: Defending NASW Members for 40 Years (February 2012)
LDF: Forty Years of Legal Advocacy for Social Work (January 2012)

Breach

HIPAA Series Part 3 – Breach and Enforcement Rules (November 2014)
Preventing And Responding To Electronic Privacy Breaches (September 2010)

Children/Minors

Duty to Report Neglect and Abuse of a Minor (April 2024)
Obtaining Informed Consent to Treat Minors (February 2024)
Social Workers and Child Protection Investigations (January 2011)
Parental Access to Minors’ Treatment Records (Updated February 2024)
Recent Cases on Child Welfare Workers’ Liability for Removal of Children (October 2008)
Social Workers and Child Custody Evaluations (October 2007)
Social Workers and Non-custodial Parents’ Requests for Records (March 2007)
Children's Rights to Confidentiality (May 2006)
Are Public Social Workers Liable for Failing to Prevent Child Abuse? (November 2004)
Duty to Report Neglect and Abuse of a Minor (April 2024)
Must Protective Services Social Workers to Obtain a Warrant to Investigate a Child Abuse or Neglect Complaint? (June 2003)
What Are the Rights of Children in Gay and Lesbian Families? (April 2002)

Closing a Practice

Selling a Clinical Social Work Practice (April 2013)
Closing a Social Work Private Practice (June 2011)

Coaching

Social Workers and Coaching (May 2008)

Confidentiality

Confidentiality of Drug and Alcohol Abuse Treatment Records (February 2011)
Disclosing Confidential Information to Social Workers’ Business Associates (March 2010)
Social Workers and Confidentiality for Court-Ordered Juvenile Treatment (October 2009)
Confidentiality and Minors’ Reproductive Rights: A Case Example from Ohio (July 2009)

Corporate Transparency Act

Corporate Transparency Act (March 2024)

Couples

Couples’ Therapy: Access to Records (January 2016)
Social Workers and Confidentiality for Couples Counseling (November 2007)

COVID

COVID-19: Legal Considerations for Resuming In-Person Services: What about Vaccination Requirements? (May 2021)
COVID-19: Legal Considerations for Social Workers Resuming In-Person Services (May 2020)
Social Workers' Disclosure Responsibilities during the Pandemic (April 2020)
Telemental Health (March 2020)
The Social Worker and the Home Office (February 2009)

Contracts

Non-Compete Clauses in Employment Contracts (May 2024)

Death Penalty

Social Workers and the Kennedy v. Louisiana Death Penalty Case (November 2008)
Social Workers as Death Penalty Mitigation Specialists (September 2003)
Social Workers and Capital Punishment for Juveniles (January 2004)

Deceased

Client Records and the Death of a Social Worker (November 2012)
Privacy Protections for Deceased Clients’ Records (October 2010)

Duty to Warn

Duty to Warn (January 2024)

Education

Social Workers and Continuing Education Requirements (November 2009)
Social Work Supervision for State Licensure (May 2009)

End of Life

Social Workers and End-of-Life Decisions (February 2006)
Social Workers and Advance Directives (July 2012)

Ethics

Legal and Ethical Issues in Social Worker/Lawyer Collaborations (January 2008)
The NASW Code of Ethics and State Licensing Laws (June 2007)
Protecting the Confidentiality of NASW’s Professional Review Process (November 2002)

Fees Payment Expenses

Waiver of Co-Payments and Deductibles (February 2016)
Social Workers and Fee Collection (February 2007)
Business Expense Deductions for Psychotherapy (June 2004)
Social Workers’ Rights to Prompt Payment (January 2003)

Gender Care

Gender-Affirming Care (February 2024)

HIPAA

HIPAA Help for Social Workers (Toolkit)
HIPAA Series Part 3 – Breach and Enforcement Rules (November 2014)
HIPAA Series Part 2 Security Rule (October 2014)
HIPAA Series Part 1 (September 2014)
HIPAA Highlights for Social Workers (October 2013)
A Review of the 2013 NASW Sample HIPAA Privacy Forms (September 2013)
Social Workers and the 2013 Omnibus HIPAA Rule (March 2013)
Health Insurance, HIPAA and Client Privacy (July 2011)
HIPAA Amendments for a New Decade: 2010 and Beyond (February 2010)
HITECH HIPAA for Social Workers (March 2009)
HIPAA Help for Social Workers (July 2006)
Social Workers and HIPAA Security Standards (April 2005)
HIPAA for Social Work Employers and Administrators (May 2004)
Social Workers, HIPAA, and Subpoenas (July 2003)
A First Look at the HIPAA Security Regulations (April 2003)
HIPAA Compliance Toolkit (March 2003)
An Analysis of Revisions of the Final Federal Medical Privacy Regulations Under HIPAA (October 2002)

Immigration

Social Workers, Immigration Policies and State Benefits (January 2010)

Insurance

Legal Issues in Health Insurance Audits (February 2015)

Lesbian and Gay Rights

Parental Rights and Responsibilities for Lesbian and Gay Parents (November 2005)
Social Workers and Legal Developments in Gay Rights (November 2003)
What Are the Rights of Children in Gay and Lesbian Families? (April 2002)

Loan Forgiveness

Social Workers and Student Loan Forgiveness (September 2006)

Military

Psychotherapist-Patient Privilege in the Military (July 2005)

Misconduct

Criminalization of Psychotherapist Sexual Misconduct (May 2013)

Miscellaneous

Social Workers and Drug Testing of Public Benefits Applicants (June 2013)
Social Workers and Labor Strikes (January 2013)
LDF’s Third Prong in its Mission: Providing Legal Information to NASW Members (March 2012)
Social Workers and the National Provider Identifier (May 2007)
Social Workers and e-Therapy (April 2007)
Social Workers and the CIGNA Managed Care Settlement (April 2006)
Social Workers and Disaster Relief Services (September 2005)
Social Workers, Medication, and Scope of Practice (May 2005)
Social Workers and International Human Rights (April 2004)
Social Workers' Rights as Probationary Employees (March 2004)
Can States Limit Managed Care Decisions That Deny Medically Necessary Health Treatment? (September 2002)
What Legal Rights Do Convicted Sexual Offenders Retain in Involuntary Prison Treatment Settings? (July 2002)

Psychotherapy Notes

Psychotherapy Notes (January 2024)

Records

Handling Damaged or Destroyed Records (February 2017)
Client Records and the Death of a Social Worker (November 2012)
Client Access to Records (Updated February 2024)
Release of Records and Client Privacy (October 2011)
Confidentiality of Drug and Alcohol Abuse Treatment Records (February 2011)
Social Workers and Record Retention Requirements (November 2010)
Preventing And Responding To Electronic Privacy Breaches (September 2010)
Children’s Treatment Records: Parental Access and Denial (June 2010)
Social Workers and Non-custodial Parents’ Requests for Records (March 2007)
Social Workers and Post-Disaster Record Keeping Questions (January 2006)
Social Workers and Record Retention Requirements (October 2005)

Same Sex Marriage

The Defense of Marriage Act (DOMA) (June 2012)
Social Workers and the California Same-Sex Marriage Cases (July 2008)
Social Workers and Same-Sex Marriage and Adoption (November 2006)
Review of State Balloting on Marriage for Same-Sex Couples (January 2005)
What Do the Courts Say about Same-Sex Marriage? (October 2004)

School Social Work

FERPA and the Disclosure of Student Education Records (April 2016)
School Social Workers and Student Strip Searches (September 2008)
School Social Workers and Confidentiality (April 2008)

Subpoena

Responding to a Subpoenas (April 2024)

Suicide

Legal Considerations When a Client Dies by Suicide (April 2015)

Supreme Court Decisions – LDF Database – Major Cases

Social Work and Recent Decisions of the U.S. Supreme Court (July 2016)
Jaffee v. Redmond: 20 Years Later (June 2016)
Social Workers and Psychotherapist-Patient Privilege: Jaffee v. Redmond Revisited (March 2005)
Social Workers and the Recent Decisions of the Supreme Court (June 2015)
Social Workers and the Recent Decisions of the Supreme Court (July 2013)
Social Workers and the Supreme Court (July 2010)
A Review of the Supreme Court’s 2007 Affirmative Action Decision (September 2007)
A Review of the Supreme Court’s Abortion Ruling (July 2007)
Overview of the LDF Amicus Brief Database (March 2006)

Supervision

Legal Issues in Clinical Supervision (May 2016)
Social Work Supervision for State Licensure (May 2009)

Social Work Board

Licensure Board Disciplinary Actions — Part III (November 2016)
Licensure Board Structure and Authority — Part II (October 2016)
Social Work Licensure: Obtaining the Social Work License (September 2016)
Social Work Licensing Board Complaints (November 2015)
Social Work Supervision for State Licensure (May 2009)
Social Work Licensure: Practice and Title Protection Reviewed (June 2005)

Telehealth

Telemental Health (March 2020)
Social Workers and Skype – Part II, Telemental Health Law (April 2012)
Social Workers and Skype: Part I (November 2011)

Termination

Termination: Ending the Therapeutic Relationship-Avoiding Abandonment (March 2015)

Volunteers

Social Workers as Volunteers (October 2006)

New Issues

Recent Issue Updates