Glossary - Legal And Ethical Issues

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Any act of child abuse that occurs in public or private settings other than the child's home. Abuse in out-of-home care must be reported under the provisions of California's child abuse reporting laws.

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ABUSE IN OUT-OF-HOME CARE:

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The duty of a profession to notify the public about its functions and methods and to provide assurances to its consumers that members of the profession meet certain standards of competence.

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ACCOUNTABILITY:

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Social, medical, legal, residential, custodial, and other services provided for adults who are unable to provide such care for themselves and have no friends, family, or others who can provide the care. Persons who receive these services are typically unable to act on their own behalves and are, therefore, in danger of being harmed or harming others. Eligibility or need for services is usually determined by the courts.

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AMERICANS WITH DISABILITIES ACT (ADA):

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Skills needed in typical daily self-care (e.g., bathing, dressing, feeding, toileting) .

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BASIC ACTIVITIES OF DAILY LIVING:

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A decision in which the California Court of Appeals ruled that the Tarasoff mandated duty to warn/protect when a client threatens an identifiable victim does not apply to cases of threatened suicide. At the same time, this case established a legal duty to take reasonable steps to prevent a threatened suicide. Such reasonable steps may, but do not necessarily, involve a breach of confidentiality.

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BELLAH V. GREENSON:

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The philosophical study of ethical controversies arising from advances in biology and medicine. The field addresses a wide range of issues including debates over the boundaries of life (e.g., abortion, euthanasia), surrogacy, the allocation of scarce health-care resources, experimentation with human subjects, behavioral control (e.g., through the use of
psychotropic medications), and the right to turn down medical care for religious or cultural
reasons.

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BIOETHICS:

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U.S. Supreme Court decision that racial
segregation of public schools was illegal; the ruling declared that the "separate but equal"
interpretation of the Fourteenth Amendment was unconstitutional

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BROWN V. BOARD OF EDUCATION (1954):

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A state-funded CalFresh program
for legal permanent non-citizens residing in the U.S. and determined ineligible for federal
Food Stamp benefits solely due to their immigration status.

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CALIFORNIA FOOD ASSISTANCE PROGRAM (CFAP):

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A payment method for health-care services in which a fixed payment is made at regular intervals to a medical provider by a managed care organization for an enrolled patient. Generally, the physician, hospital, or other health-care provider is paid a contract rate for each member assigned, referred to as "per-member-per-month" rate, regardless of the number or nature of services provided. The contractual rates are usually adjusted for age. gender, illness, and regional differences.

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CAPITATION:

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CATEGORICAL ASSISTANCE: State welfare programs for particular groups of people
identified in the Social Security Act (e .g., the disabled, needy). Those who are eligible recei
financial assistance from their states, which is supplemented by federal grants.

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CATEGORICAL ASSISTANCE:

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Individuals who are automatically eligible for certain welfare
benefits without a means test because they fit certain predetermined criteria.

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CATEGORICALLY NEEDY:

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As defined by California law, "a physical injury which is inflicted by other than accidental means on a child." In addition, child abuse also means the sexual abuse of a child, severe and general neglect, willful cruelty or unjustifiable punishment of a child , unlawful corporal punishment or injury, or abuse in out-of-home care. When an LCSW knows or reasonably suspects that a child has been abused, the LCSW must make a phone report soon as possible and a written report within 36 hours to a child protective agency.

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CHILD ABUSE:

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The authority to which a report of child abuse is made by police department, sheriffs department, a county probation department designated by the county to receive mandated reports, or county welfare department. Note that the county welfare department is also referred to as the county welfare service agency (CWS agency) child protective services (CPS).

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CHILD PROTECTIVE AGENCY:

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Social, residential, medical, legal, and custodian
care services given to children whose parent or other caregiver is not meeting their needs.
Social workers who work in government agencies often help law enforcement personnel with investigations to find out if children need these services and help children get the services when they need them. The social workers may also provide the services themselves. In California, child protective service (CPS) units of the Department of Social Services, Department of Children and Family Services, etc., (the names of these departments vary county to county) are responsible for decisions related to the prevention, investigation an treatment of child abuse and neglect. The foremost goal of services provided by CPS unit the protection of abused and neglected children.

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CHILD PROTECTIVE SERVICES (CPS):

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Groups of professional peers and others who look into ethical violations, illegal activities, or other disputes between professionals or between professionals and clients and attempt to determine if any wrong-doing has been committed

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COMMITTEES ON INQUIRY:

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All property (with some exceptions, such as property acquired through inheritance) acquired by either spouse during the course of a marriage. Calif law requires that community property is split equally between spouses when a marriage is dissolved.

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COMMUNITY PROPERTY:

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The facts about a case that are credible, persuasive, and so well as admissible in a court of law. Competent evidence is different from information given by an expert witness, who gives opinions and information to the best of his/her knowledge

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COMPETENT EVIDENCE:

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As defined by California's Evidence Code, a
"confidential communication" includes "information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in the course of that
relationship and in confidence ... " and includes a diagnosis made and the advice given
psychotherapist in the course of that relationship. A patient or other party who holds the privilege has the right, except in certain legally defined situations, to prevent confidentialcommunications from being revealed in legal proceedings.

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CONFIDENTIAL COMMUNICATION:

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An ethical responsibility that protects clients from unauthorized disclosure of information given in confidence to a mental health professional. Although confidentiality is primarily an ethical responsibility, California law stipulates that an LCSW may lose his/her license and be charged with a misdemeanor for failure to maintain confidentiality, except as otherwise required or permitted by law, of all information that has
been received from a client in confidence. In addition, a number of California laws either
mandate or permit a breach of confidentiality in certain situations.

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CONFIDENTIALITY:

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A court may appoint a conservator for an adult
when that adult is unable either to manage his/her affairs or to provide for his/her personal needs. The conservator then has the power and responsibility to make appropriate decisions on behalf of the conservatee. In California, two kinds of conservatorship can be established by the court: LPS and probate. LPS conservatorships were established under the
Lanterman-Petris-Short (LPS) Act and are part of the mental health treatment system and
reserved for individuals who are gravely disabled due to a mental disorder. Only an LPS
conservator is authorized to make mental health decisions; a probate conservator is not.

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CONSERVATOR/CONSERVATORSIDP:

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A category of child abuse that refers to "a
situation where any person willfully inflicts upon any child any cruel or inhuman corporal
·punishment or injury resulting in a traumatic condition."

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CORPORAL PUNISHMENT AND INJURY

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Any mandated reporter,
who, in his/her professional capacity, or within the scope of his/her employment, has
observed or has knowledge of an incident that reasonably appears to be physical abuse,
abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or
dependent adult that he/she has experienced behavior constituting physical abuse,
abandonment, abduction, isolation, financial abuse, or neglect shall report the known or
suspected instance of abuse by telephone immediately or as soon as practically possible, and
by written report sent within two working days.

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DEPENDENT ADULT AND ELDER ABUSE REPORTING LAW:

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A form of categorical assistance. Involves the provision of cash, products, and/or services to an individual who is unable to perform certain activities due to a mental or physical condition. For example, DI and SSI.

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DISABILITY BENEFIT:

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The act of assuming two or more roles at the
same time or sequentially with one client. Examples include providing therapy to an
employee, friend, or relative, going into business with a client, and becoming friends with a former client. When a dual or multiple relationship exists, there is a risk that the client (or former client) will be exploited, primarily because of the power differential that is a basic part
of the social worker-client relationship.

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DUAL (AND MULTIPLE) RELATIONSHIPS:

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The U.S. Constitution's Fifth and Fourteenth Amendments provide that no one may be deprived of "life, liberty, or property" without "due process of law." This means that all government actions that deprive individuals of protectable interests must be reasonable and fundamentally fair or have a constitutionally acceptable justification ("substantive due process") and governments must use reasonable and fundamentally fair
procedures before depriving individuals of a protectable interest ("procedural due process"). Due process of law cannot be denied to involuntarily committed patients.

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DUE PROCESS OF LAW:

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A type of advance directive used
to legally designate another person to have the authority to make one's health-care decisions
if one becomes too ill or impaired (physically or cognitively) to make one's own decisions or
communicate one's medical preferences.

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DURABLE POWER OF ATTORNEY FOR HEALTH CARE:

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Refers to the duty to notify the police and to attempt to warn
the victim when a client reveals a serious intention to harm a reasonably identifiable
individual. The duty to warn, which is sometimes referred to as the duty to protect, was first
laid out by the Tarasoff decision and is now codified in California's Civil Code.

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DUTY TO WARN/PROTECT:

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A federal income tax credit for low-income
workers. The credit reduces the amount of tax they owe (if any) and is intended to offset some
of the increases in living expenses and social security taxes. Eligible persons who owe no
taxes or whose tax liability is smaller than their tax credit receive all or part of the EITC as a
direct payment. Some workers are prepaid their credits through their employers as "negative
withholding" from paychecks. EITC is administered by

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EARNED INCOME TAX CREDIT (EITC):

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Passed in 1975
and mandates that public school education must accommodate the needs of all children. The
law guarantees an appropriate free public education to all children ages 3 to 21 who need
special education services, including those with physical disabilities, learning disorders, and
other disabilities. An individualized educational program (IEP) must be developed for each
student with a qualifying disability. The IEP must be written by a team of school personnel in
collaboration with the student's parents and must provide the least restrictive environment
for each student - this environment must be as similar as possible to the regular classroom
setting taking into account the nature of the student's disability. Additionally, while reliable,
valid, and nondiscriminatory psychological tests can be used, assignment to special education
classes cannot be made on the basis ofiQ tests only. Over time, P.L. 94-142 has been
amended and, in 1990, it was renamed the Individuals with Disabilities Education Act, or
IDEA, (P.L. 101-476).

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EDUCATION FOR ALL HANDICAPPED CHILDREN ACT (P.L. 94-142):

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A minor who is free from the legal authority of parents or
guardians. Under California law, a minor who is at least 14 years of age may become
emancipated by marrying legally; enlisting in the military; or by meeting certain legally
defined requirements and filing a petition with the court. Emancipated minors are treated
legally as though they were adults and, thus, can consent to medical and psychological
treatment.

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EMANCIPATED MINOR

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Services offered by employers to their
employees to help them overcome problems that are interfering with their job performance,
productivity, or satisfaction. Services include counseling for alcohol and drug dependence as
well as family therapy, marital therapy, and career counseling. These services may be
provided on-site or contracted through outside providers. Employees referred for treatment
are cautioned that compliance is their responsibility and are guaranteed confidentiality.

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EMPLOYEE ASSISTANCE PROGRAMS (EAPS):

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A set of moral principles and convictions about what is right versus wrong and the
consequent behavior of an individual, group, profession, or culture.

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ETHICS:

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An exception to privilege
which states that there is no privilege "if the psychotherapist has reasonable cause to believe
that the patient is in such mental or emotional condition as to be dangerous to him or herself or to the person or property of another and that disclosure of the communication is
necessary to prevent the threatened danger." In other words, when an LCSW believes that
disclosure of confidential information is necessary to avert the danger posed by a dangerous
client, the LCSW is legally permitted to breach confidentiality.

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EVIDENCE CODE 1024 (DANGEROUS PATIENT EXCEPTION):

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Social service delivery policy in which benefits and services
are developed for individuals in a special group (such as war veterans} due to sympathy for
the group or political pressure. Eligibility is not necessarily based on need or circumstances.

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EXCEPTIONAL ELIGIBILITY:

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Legally defined situations in which an individual does not
have the right to prevent normally confidential information from being revealed in court or
other legal proceedings. The exceptions to privilege also define situations in which an LCSW
may, but is not obligated to, breach confidentiality. Examples include the Dangerous Patient
Exception (Evidence Code 1024} and the Patient-Litigant Exception (Evidence Code 1016}.

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EXCEPTIONS TO PRIVILEGE:

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An individual who testifies before a lawmaking body or in a court of law
because of his/her exceptional knowledge in a specific area. Information given by the witness
is used to enlighten the court in assessing evidence.

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EXPERT WITNESS:

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Federal law that grants parents (and students over the age of 18} the right to inspect their
children's (their own} educational records.

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FEDERAL EDUCATIONAL RIGHTS AND PRIVACY ACT (BUCKLEY AMENDMENT):

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A fixed, pre-established fee charged by a professional for a particular
service. The fee for a given service is the same for every client, and the amount charged is
related to the service itself rather than the client's ability to pay.

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FLaT-RATE FEE:

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Social welfare benefits for qualified individuals to ensure
that their nutritional needs are met. For example, the Food Stamp (SNAP}, WIC, and school
lunch programs.

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FOOD ASSISTANCE PROGRAMS

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Social security program
designed to improve the diets of poor and low-income families by enhancing their ability to
buy food. On the federal level, the program is now called the Supplemental Nutrition
Assistance Program (SNAP}, and in California, the program is known as the CalFresh
Program. CalFresh benefits can be used to purchase foods for human consumption and seeds
and plants to grow foods for household use. CalFresh benefits cannot be used to purchase
non-food items such as pet food, soaps, paper products, household supplies, grooming items,
and cosmetics; alcoholic beverages or tobacco products; vitamins and medicines; food that
will be eaten in the store; or food marketed to be heated in the store. A person may be eligible
to receive CalFresh benefits, whether or not he/she works, if he/she has a low income.
Households in which all members are authorized or receiving cash aid (such as CalWORKs or
GNGR} are considered categorically eligible. CalFresh households containing California Food
Assistance (CFAP} recipients are not categorically eligible.

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FOOD STAMP PROGRAM (SNAP, CALFRESH PROGRAM):

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Federal legislation establishing
the right of citizens to know what information the government and other organizations have
about them. This right is not absolute and specific exceptions are noted. Based on this act,
clients of federally administered health and welfare agencies under some circumstances have
the right to access their case records.

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FREEDOM OF INFORMATION ACT OF 1966 (P.L. 89-487):

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The use of a gatekeeper is one way managed care attempts
to contain health-care costs. ( 1) All MC programs have a gatekeeper, or case manager, who
receives information about the case from the service provider and then determines the
amount and type of services that the consumer will receive and monitors how the benefits are
dispersed. (2) The gatekeeper may also be a patient's primary care physician (PCP). who
controls how the patient uses other services in the plan. Patients enrolled in an HMO choose
a PCP who provides, arranges, coordinates, and authorizes all aspects of their health care -
i.e ., the PCP evaluates a patient to determine if additional care is needed and makes referrals
to specialists.

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GATEKEEPER (Managed Care):

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Programs providing relief and
support to adults without resources who are not supported by their own means, other public
funds, or assistance programs. Help may either be in cash or in-kind including such
assistance as groceries and rent. Benefits, payment levels, and eligibility requirements of
these county programs vary among each of California's counties.

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GENERAL ASSISTANCE/GENERAL RELIEF (GA/GR):

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Adults are considered to be "gravely disabled" when they are unable to
take care of their basic needs, for example, food, shelter, or clothing. A "gravely disabled
minor" is "a minor who, as a result of a mental disorder, is unable to use the elements of life
which are essential to health, safety, and development, including food, clothing, and shelter,
even though provided to the minor by others."

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GRAVE DISABILITY:

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An individual who is legally responsible for the
management and care of another individual. California law currently appoints "guardians"
only for minors; adult guardianships are considered "conservatorships," which have more
limited consequences than guardianships.

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GUARDIAN (LEGAL GUARDIAN):

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A person (usually an attorney) appointed by the court to represent
the child(ren) in a legal dispute concerning their custody or welfare. This person is
empowered to investigate the background, living conditions, family relationships, and any
other relevant matter in order to make a recommendation to the court as to what would be in
the best interests of the child(ren) in terms of placement, visitation, and other matters ruled
on by the court. The guardian usually makes a report to the court recommending an
outcome. The judge, however, makes the final determination on the disposition of the
child(ren).

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GUARDIAN AD LITEM:

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Permits a minor who is at least 12 years of age to
consent to outpatient "mental health treatment or counseling services if, in the opinion of the
attending professional person, the minor is mature enough to participate intelligently in the
mental health treatment or counseling services."

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HEALTH AND SAFETY CODE 124260

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A type of insurance plan in which
contracted health-care providers (e.g., physicians, hospitals) are paid in advance for their
services. HMOs are the most restrictive form of managed care benefit plans because they limit
the procedures, providers, and benefits available to enrollees. The members of an HMO (i.e.,
the individuals enrolled in and covered by the HMO and their dependents) are required to use
participating or approved providers for all health services and, generally, all services will need
to meet further approval by the HMO through its utilization program. An HMO member must
choose a primary care physician, who then directs the member's medical care and
determines whether he/she should be referred for specialty care.

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HEALTH MAINTENANCE ORGANIZATION (HMO)

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The person who has the right to waive the privilege, which is
the right not to have confidential information revealed in legal proceedings. Except in certain
legally defined situations, the client is the holder of the privilege.

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HOLDER OF THE PRIVILEGE

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In most communities, there are three kinds of housing assistance
available: ( 1} Public housing, in which low-income housing is operated by the housing
authority; (2} Section 8 housing, in which the housing authority gives tenants a certificate or
voucher that says the government will subsidize their rent payments, and tenants find their
own housing; and (3} privately owned subsidized housing, in which the government provides
subsidies directly to the owner who then applies those subsidies to the rents he/she charges
low-income tenants.

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HOUSING ASSISTANCE

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One of the two grounds for dissolution of marriage in the state of
California. The granting of a dissolution on these grounds requires the testimony of a medical
or psychiatric testimony that one of the spouses is incurably insane.

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INCURABLE INSANITY:

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Social welfare programs that provide individuals
with sufficient goods and services or financial aid to maintain a certain standard of living.

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INCOME MAINTENANCE PROGRAMS

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Definitions of incompetence generally require that a person be
incapacitated in some way, and as a result of that incapacity, the person must be unable to
care for him/herself or manage his/her own property. In order to establish incompetency,
there must be evidence of mental or physical impairment and evidence of impaired social
skills and adaptive behavior. An adult's competence is assumed, and his/her incapacity must
be proved in court before he/she is denied the right to make his/her own decisions

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INCOMPETENT (Mentally)

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An association of health-care providers,
most of whom are in private practice. The providers usually represent all specialties and
fulfill the health-care needs of people who have contracted in advance for the services. A type
of HMO.

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INDEPENDENT PRACTICE ASSOCIATION (IPA):

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Gives tribes in the U.S. control over the adoption of Native
American children. Adoptions involving Native American children require a release from the
birth parents and the tribe, and the tribe may veto the adoption of a Native American baby by
a non-Native American family (even if the birth family has agreed to the adoption} and place
the child with a Native American family.

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INDIAN CHILD WELFARE ACT:

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See
Education For All Handicapped Children Act.

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INDIVIDUALS WITH DISABILITIES EDUCATION ACT, OR IDEA, (P.L. 101-476):

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The giving of permission by a client to a social worker and agency to
use a specific intervention, including diagnosis, treatment, follow-up, and research. The
practice is designed to protect individuals by guaranteeing their safety, privacy, and freedom.
Generally, true informed consent can be obtained only when the individual is competent, free
from pressure and coercion, and knowledgeable about the treatment to be provided including
alternative treatments.

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INFORMED CONSENT:

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A legal term referring to a defendant's lack of ability to distinguish between right
and wrong. Applies when a person has committed a crime while under the influence of a
mental disorder that inhibits the knowledge that such an act was wrong or the ability to
refrain from doing it.

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INSANITY:

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One of the two grounds for dissolution of marriage in
the state of California. Irreconcilable differences are legally defined as those grounds which
are determined by the court to be substantial reasons for not continuing the marriage and
which make it appear that the marriage should be dissolved.

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IRRECONCILABLE DIFFERENCES:

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A type of advance directive in which a person documents in advance the kind
of care he/she wants to receive or not receive at the end stage life in the event that he/she is no
longer able to communicate his/her preferences at that time.

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LIVING WILL:

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Comprehensive long-term social, personal, and health-care
services given to individuals who have lost some degree of functioning- i.e. , due to a
functional impairment, they have limited ability to perform activities of daily living such as
eating, bathing, dressing, shopping, taking medication, and so forth . LTC may be provided in
nursing homes or in the community and is provided by professionals, volunteers, and family
members.

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LONG-TERM CARE (LTC):

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Through the LIHEAP,
the federal government provides grants to states, territories. Indian tribes, and tribal
organizations to help low-income households meet home heating and cooling costs and to
weatherize and make energy saving repairs.

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LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP

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Injurious or unprofessional treatment of a client by a practitioner
(psychotherapist, psychiatrist, physician, etc.). Malpractice generally results in civil liability;
suits may involve sexual misconduct, assault and battery, and misrepresentation.

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MALPRACTICE:

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( 1) Techniques intended to reduce unnecessary health-care costs and
improve the quality of health care (managed care techniques) for organizations that use those
techniques or provide them as services to other organizations (managed care organizations).
(2) A system of financing and delivering health care to enrollees organized around managed
care techniques and concepts (managed care delivery systems).

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MANAGED CARE

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A health plan that seeks to manage health care
generally through contracting with health-care providers to deliver health-care services on a
capitated (per-member per-month) basis.

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MANAGED CARE ORGANIZATION (MCO):

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Federal response to homelessness, which called for the establishment of
programs providing specific services to homeless individuals to help them regain their
independence (e.g .. emergency shelter, transitional and permanent housing, job training,
primary health care, education).

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MCKINNEY ACT:

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A.k.a. the "insanity plea." Legal principles that guide the court in
determining whether or not a defendant can be declared innocent by reason of insanity.
Different jurisdictions use different criteria for judging insanity pleas.

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MCNAUGHTEN RULE:

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Process used to evaluate a person's financial means or well-being based on
his/her income, debts, health, number of dependents, etc. The results are used to determine
the person's eligibility to receive a particular benefit. If the person has the "means" to pay for
the benefit he/she is seeking, the person will be turned down.

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MEANS TEST:

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In California, an individual under the age of 18 who has not been emancipated.

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MINOR:

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The values, principles, and standards of ethical conduct that
apply to social workers who are members of the NASW. NASW first developed its Code of
Ethics in 1961, but the original code was implied in the 1951 Standards for Professional
Practice of the American Association of Social Workers (AASW).

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NASW CODE OF ETHICS:

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Social work organization that
promotes the professional development of its members, establishes and maintains
professional standards of practice, and puts forth social policies. NASW has developed and
adopted a Code of Ethics for social workers and sponsors continuing education programs
and professional conferences.

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NATIONAL ASSOCIATION OF SOCIAL WORKERS (NASW):

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A federally assisted meal program that operates in
public and private schools and residential child-care institutions and provides nutritionally
balanced low-cost or free lunches to children.

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NATIONAL SCHOOL LUNCH PROGRAM:

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Refers to a failure to exercise reasonable care or caution, resulting in
someone either being harmed or being exposed to an unnecessary risk of harm. Negligence
also refers to a failure to fulfill a duty necessary to protect or help another person. A
professional may be guilty of contributory negligence if his/her failure to exercise reasonable
caution, along with the negligence of another person, results in harm to a third person.
Criminal, or culpable, negligence may be found if a professional has been so careless or
indifferent to the safety of others that injury or death has resulted.

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NEGLIGENCE:

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A consent form required under HIPAA's Privacy
Rule.

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NOTICE OF PRIVACY PRACTICES (NPP):

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A form given to patients at the beginning of treatment that
outlines the policies of your practice and includes information about the legal/ethical limits of
confidentiality.

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OFFICE INFORMATION FORM:

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The OASDI program
(commonly known as "Social Security") is the largest income-maintenance program in the
U.S. The program provides monthly benefits designed to replace, in part, the loss of income
due to retirement, disability, or death. Coverage is nearly universal (approximately 96 percent
of jobs in the U.S. are covered). Workers finance the program through a payroll tax that is
levied under the Federal Insurance and Self-Employment Contribution Acts (FICA and
SECA).

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OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE (OASDI):

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( 1) An advocate or spokesperson for the people who are served by an
organization to ensure that the organization's obligations, ethical duties, and rule are being
followed; or (2) an individual employed by an organization to investigate potential illegal
and/or unethical activities or unintended harmful consequences stemming from the
organization's activities and to facilitate fair negotiations or actions toward satisfactory
solutions

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OMBUDSPERSON:

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A formal evaluation by a peer group of a professional's specific actions or
overall competence. Peer review is used primarily for the purposes of quality assurance.
Often, it is used as an alternative to the legal system to settle disputes between practitioners,
consumers. and third-party payers

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PEER REVIEW

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The mechanism used by medical staff to evaluate the
quality of total health care provided by the managed care organization. Peer review is used in all managed care settings and is the most common method used for monitoring utilization by
physicians.

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PEER REVIEW (Managed Care):

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Formal group of professionals from one field who
evaluate the work of their colleagues in terms of specific tasks or objectives.

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PEER REVIEW ORGANIZATION (PRO):

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Child welfare strategy used to provide alternatives to temporary
foster care placement through organized efforts to provide long-term continuity in the care of
dependent children.

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PERMANENCY PLANNING

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Passed in 1996. Designed to reform the nation's welfare system. The Act either
eliminated or placed restrictions on eight national programs including AFDC, the Food Stamp
program, Social Services Block Grants, child protection programs, child nutrition programs,
Medicaid, and the earned income tax credit (EITC) .

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PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT
(PRWORA)

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A California Court of Appeals
decision that provides general guidance to legally mandated reporters of child abuse in
regards to cases involving consensual sex in which one or both partners is a minor. In this
case, the court held that, "A fundamental part of the reporting law is to allow the trained
professional to determine an abusive from a non-abusive situation." Instead of a blanket
reporting requirement of all activity of those under a certain age, the professional can make a
judgment whether the minor is having voluntary relations or being sexually abused.

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PLANNED PARENTHOOD AFFILIATES V. VAN DE KAMP:

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A written idea ratified by a legitimate authority that represents a guide to action and
results from the policy process.

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POLICY:

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Index of the amount of money necessary to enable a person to live at a
minimum standard of living. Revised regularly to reflect changes in the cost-of-living index.

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POVERTY LINE:

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Groups of providers or networks
contracted by insurance companies. PPO members (i.e., the individuals covered by the PPO
and their dependents) are encouraged to use the insurance company's network of
participating doctors and hospitals. These providers have been contracted to provide services
to the plan's members at a discounted rate. PPO members do not need to choose a primary
care physician and can see doctors and specialists within the network at their own discretion.

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PREFERRED PROVIDER ORGANIZATION (PPO

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A general legal term that refers to an individual's right to have information about
his/her life withheld from others. While privacy originated from laws guaranteeing individuals
freedom from invasion (of privacy) by governmental agencies, it now applies in situations
involving nongovernmental agencies as well.

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PRIVACY:

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Designed to provide greater protection for health information by
requiring certain policies, procedures, and business arrangements to control access to and
use of patients' protected health information (PHI).

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PRIVACY RULE (HIPAA):

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A legal term that refers to an individual's right to not have confidential
information revealed in court or other legal proceedings without permission. The Exceptions
to Privilege refer to situations in which an individual does not have the right to prevent
confidential information from being revealed in legal proceedings. Some of these exceptions
also detail situations in which an LCSW is legally permitted, but not mandated, to breach
confidentiality.

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PRIVILEGE

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The delivery of social services for profit, typically by
self-employed professionals in nonclinical settings. The term "private practice" has a similar meaning but usually refers to clinical practice- i.e., social workers in private practice assume
responsibility the services they provide in exchange for direct payment or third-party
reimbursement.

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PROPRIETARY PRACTICE:

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PHI is also known as medical
information, health information, health-care information, medical records (e.g., confidential
medical-psychotherapy records). PHI includes any information that identifies the individual
or that could reasonably be used to identify the individual.

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PROTECTED HEALTH INFORMATION (PHI, HIPAA):

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Confinement by legal authorities of an individual in a facility to
keep the individual from being harmed by others or harming him/herself

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PROTECTIVE CUSTODY

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Intervention on behalf of individuals who are or may be in danger
of harm from others or who are unable to care for themselves (e.g., children, the elderly, the
handicapped). The main activities include investigating situations in which a person is alleged
to be at risk, minimizing further risk, improving current conditions, accessing resources, and
facilitating placement in alternative environments when necessary.

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PROTECTIVE SERVICES

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Government funded financial assistance to individuals who are
unable to support themselves.

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PUBLIC ASSISTANCE

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Social security program established to provide decent and safe rental
housing for eligible low-income families, the elderly, and persons with disabilities. Public
housing ranges from single family houses to high-rise apartments for elderly people. The
Department of Housing and Urban Development (HUD) administers federal aid to local public
housing authorities (PHAs) that manage and operate the housing program for low-income
residents at rents they can afford. Public housing is limited to low-income families and
individuals. The PHA determines the individual's eligibility based on annual gross income;
· whether the applicant qualifies as elderly, a person with a disability, or a family; and U.S.
citizenship or eligible immigration status.

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PUBLIC HOUSING:

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(A.k.a. Quality control.) Procedures and steps undertaken by
an organization to determine whether its goods and services meet the standards established
for them. Quality assurance programs usually examine whether professionals complied with
standards, rather than the outcome of their services. Quality assurance procedures for social
workers include the requirement for adequate education from an accredited school of social
work, supervision, licensing and certification, and continuing education requirements. For
the profession, sample procedures include a code of ethics, peer review, utilization review,
program evaluation, professional sanctions, and lawsuits.

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QUALITY ASSURANCE (QA): (

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Activities and programs intended to assure the
quality of care in a defined medical setting. These programs include peer review or utilization
review components to identify and remedy deficiencies in quality. A program must have a
mechanism for assessing its effectiveness and may measure care against pre-established
standards. QA is also called quality improvement.

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QUALITY ASSURANCE (QA, Managed Care):

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Under the
Americans with Disabilities Act, a "qualified person with a disability" is someone with a
disability who, with or without reasonable accommodation, can perform the essential
functions of the job he/she holds or has applied for. Reasonable accommodation involves,
among other things, making existing workplace facilities readily accessible to and usable by
the person with a disability and the acquisition or modification of needed equipment.

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REASONABLE ACCOMMODATION (Americans With Disabilities Act):

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A federal program that provides states with cash
assistance for nonprofit breakfast programs in schools and residential child-care institutions.

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SCHOOL BREAKFAST PROGRAM (SBP):

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A social security program. Section 8 rental voucher and rental
certificate programs are the federal government's major programs for assisting very
low-income families, the elderly, and the disabled to rent decent, safe, and sanitary housing in
the private market. Because the rental assistance is provided on behalf of the family or
individual, participants are able to find and lease privately owned housing, including
single-family homes, townhouses, and apartments. The participant is free to choose any
housing that meets the requirements of the program and is not limited to units located in
subsidized housing projects. Eligibility for a rental voucher or certificate is determined by the
local public housing authority based on total annual gross income and family size and is
limited to U.S. citizens and specified categories of noncitizens who have eligible immigration
status.

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SECTION 8 PROGRAMS

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SRO housing assistance seeks to bring
more standard single-room dwelling units into the local housing supply and to use those
units to assist individuals who are homeless. The Department of Housing and Urban
Development (HUD) contracts with local public housing authorities (PHAs) to rehabilitate
residential properties for SRO housing. PHAs make Section 8 rental assistance payments to
participating owners on behalf of homeless individuals who rent the rehabilitated dwellings.
The rental assistance payments cover the difference between a portion of the tenant's income
and the unit's rent, which must be within the fair market rent established by HUD. Rental
assistance for SRO units is provided for a period of 10 years.

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SECTION 8 SINGLE ROOM OCCUPANCY (SRO):

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Is designed to protect patients' PHI (e.g., medical records) by
focusing on the physical aspect of health-care facilities, offices, agency, etc., including such as
issues of access to files and computers.

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SECURITY RULE (lDPAA):

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Social service delivery policy in which benefits and services are
provided to only persons who meet specific, pre-established criteria; eligibility is often
determined by using a means test. The amount of the benefit varies based on special needs,
circumstances, or economic status.

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SELECTIVE ELIGbiLITY:

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An ethical principle that recognizes the right and need of clients to
be free to make their own choices and decisions.

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SELF-DETERMINATION:

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A category of child abuse, which is defined as "acts or
omissions committed by a person responsible for a child that harm or threaten to harm the
child's health or welfare.

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SEVERE AND GENERAL NEGLECT

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A category of child abuse that includes sexual assault and sexual
exploitation

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SEXUAL ABUSE

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A type of sexual abuse. Sexual assault includes rape and rape in
concert, oral copulation and sodomy, lewd and lascivious acts upon a child under the age of
14, penetration of a genital or anal opening by a foreign object and child molestation.

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SEXUAL ASSAULT:

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A type of sexual abuse that includes a range of activities involving
minors and pornography or prostitution. An example is conduct involving matter depicting
minors engaged in obscene acts.

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SEXUAL EXPLOITATION

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Laws and regulations established by a government that determine which
social programs exist, what categories of clients are served, and who qualifies for a program.
Social policy also sets standards regarding the type of services to be provided, the
qualifications of service providers, etc., rules for how money can be spent to help people and
how these people will be treated.

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SOCIAL POLICY

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Federal legislation passed in 1935 and designed to help meet the
economic needs of older people, dependent survivors, people with disabilities, and needy
families. The two major provisions of the Act, in its original form, were a mandatory
insurance program for workers funded by payroll taxes and matching employer contributions
and a public assistance program financed by both federal and state treasuries

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SOCIAL SECURITY ACT

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See WIC

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SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN (WIC

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A written legal order requiring a person to appear in court to testify and/or
produce certain written records.

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SUBPOENA:

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Subpoena requiring a witness who is called to bring to court,
or to a deposition, any relevant documents he/she possesses.

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SUBPOENA DUCES TECUM

Front 114

A California Supreme Court decision that held that a
psychologist could be held liable for failing to take reasonable steps to protect the intended
victim when a client threatens violence. This decision created the "duty to warn/protect" a
reasonably identifiable victim when a client threatens violence.

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TARASOFF V. REGENTS OF THE UC:

Front 115

Monetary reimbursement made to the social worker, agency, or
other provider of services to a client by an insurance company or government funding agency.

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TIDRD-PARTY PAYMENT

Front 116

Passed in 1975. Designed to increase the
self-reliance of people living in poverty with the ultimate goal of preventing, reducing, or
eliminating their dependency on welfare, and to change the way social services were delivered
to low-income people, in particular to provide them in a more economical manner. Under
Title XX, states began receiving funding for social services programs through block grants
from the federal government, which increased their flexibility in determining where to allocate
funds.

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TITLE XX OF THE SOCIAL SECURITY ACT:

Front 117

Used to fund some social security programs. Involve taking cash
benefits from one group and redirecting them to another group (i.e. , through withholding
payroll money and placing it in the federal treasury, which then disburses the funds to the
eligible group).

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TRANSFER PAYMENTS

Front 118

Social security program designed to
provide partial income replacement to regularly employed members of the labor force who
become involuntarily unemployed. Unemployment benefits are available as a matter of right
(i.e., without a means test) to unemployed workers who have demonstrated their attachment
to the labor force by a specified amount of recent work and/or earnings in covered
employment. The UI program is 100 percent funded by employers who pay taxes on wages
paid to employees.

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UNEMPLOYMENT INSURANCE PROGRAM (UI):

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Social service delivery policy in which benefits or services are
provided in the same amount to all individuals in the nation rather than on the basis of need,
circumstance, or economic status. This policy can take the form of universal programs, such as OASDI ("Social Security") and Medicare. Universal programs are open to everyone who
falls into a certain category; people are not required to undergo tests of need or income.

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UNIVERSAL ELIGBILITY

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An act of sexual intercourse accomplished with a
female not the wife of the perpetrator where the female is under the age of 18 years (P.C.
261.5). Unlawful sexual intercourse, in and ofitself, is not reportable as child abuse;
however, in certain legally defined circumstances, sex with a minor is reportable as child
abuse.

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UNLAWFUL SEXUAL INTERCOURSE:

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A formal review of utilization (use of services and
supplies) for appropriateness of health-care services delivered to a plan member on a
prospective, concurrent, or retrospective basis. A peer review group or a public agency can do
utilization review. URis one of the primary tools utilized by MCOs and health plans to control
overutilization, reduce costs and manage care.

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UTILIZATION REVIEW (Managed Care):

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Principles and standards of conduct for
social workers, which include the following: ( 1) a commitment to the primary importance of
the individual in society; (2) respect for the confidentiality of relationships with clients; (3) a
commitment to social change to meet socially recognized needs; (4) a willingness to keep
personal feelings and needs separate from professional relationships; (5) a willingness to
transmit knowledge and skills to others; (6) respect and appreciation for individual and
group differences; (7) a commitment to develop clients' ability to help themselves; (8) a
willingness to persist in efforts on behalf of a client despite frustration; (9) a commitment to
social justice and the economic, physical, and mental well-being of all persons in society; and
(10) a commitment to a high standard of personal and professional conduct.

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VALUES (OF THE SOCIAL WORK PROFESSION):

Front 123

Providing goods or services for a fee charged to a consumer or to a third
party. In social work, vendorship most often occurs in private practices, proprietary
(for-profit) agencies, and in agencies that sell services to clients and are reimbursed for each
service by the consumer or by health insurance companies, government agencies, or other
third parties.

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VENDORSHIP:

Front 124

There are provided under the Social Security Act. Eligibility for
most veterans benefits is based on discharge from active military service under other than
dishonorable conditions for a minimum period specified by law. Many of the benefits and
services provided to veterans were adopted to help war veterans readjust to civilian life. These
benefits include, but are not limited to, disability compensation, benefits for survivors, health
care, and educational assistance and training.

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VETERANS' BENEFITS:

Front 125

The legal principle that civil liability may extend to a defendant's
employer, supervisor, etc. Therefore, a client who sues his/her social worker for malpractice
may include the worker's agency and/or supervisor as co-defendants.

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VICARIOUS LIABILITY

Front 126

The law that authorizes the involuntary
confinement of an individual who is a danger to him/herself or others, or is gravely disabled,
as the result of a mental disorder.

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WELFARE AND INSTITUTIONS CODE 5150:

Front 127

A social security
program. A federally funded health and nutrition program for women, infants, and children.
It helps families by providing checks for buying healthy supplemental foods from
WIC-authorized vendors, nutrition education, and help finding health care and other community services. Participants must meet income guidelines and be pregnant women, new
mothers, infants, or children under age 5.

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WIC PROGRAM (WOMEN, INFANTS, AND ChIDLDREN PROGRAM):

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A type of child abuse that
refers to situations in which "any person willfully causes or permits any child to suffer, or
inflicts thereon, unjustifiable physical pain or mental suffering."

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WILLFUL CRUELTY AND UNJUSTIFIABLE PUNISHMENT

Front 129

Social security program that provides benefits to individuals
with injuries or diseases traceable to industrial accidents and with certain occupational
diseases. The benefits provided include periodic cash payments and medical services to the
worker during a period of disablement, and death and funeral benefits to the worker's
survivors

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WORKERS' COMPENSATION

Front 130

Court ruling declaring that mental health inpatients who had
been committed on civil grounds have a constitutional right to receive individual treatment
that will give them a realistic opportunity to be cured or to improve their mental condition.

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WYATT V. STICKNEY (1971)