Protecting the Social Service Client
Legal and Structural Controls on Official Discretion
- 1st Edition - May 10, 2014
- Imprint: Academic Press
- Author: Joel F. Handler
- Editor: Robert H. Haveman
- Language: English
- Paperback ISBN:9 7 8 - 1 - 4 8 3 2 - 4 0 2 8 - 2
- eBook ISBN:9 7 8 - 1 - 4 8 3 2 - 6 0 2 6 - 6
Protecting the Social Service Client: Legal and Structural Controls on Official Discretion examines the treatment of clients of public and private social service agencies and… Read more
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Protecting the Social Service Client: Legal and Structural Controls on Official Discretion examines the treatment of clients of public and private social service agencies and highlights the role of consumer protection in dealing with the existence and abuse of administrative discretion. Of particular concern is the legal rights of these social service clients — principally the poor — and how effectively these rights are being enforced. The history of due process protection (that is, by means of appeals and court hearings) is discussed and a number of legal and structural remedies are offered. Comprised of six chapters, this book begins by setting forth the issues and reviewing the experiences of client protections under the due process model, with emphasis on discretion as a key legal issue in social services. The reader is then introduced to legal theory, particularly how constitutional and statutory law defines the legal interests of social service clients and what system of protection is provided by the law. Subsequent chapters focus on the protection of client rights in practice as well as several different legal and structural remedies to client protections. The legal protection of clients is analyzed, first from the client perspective and then from the point of view of the policymaker. This monograph is intended for social work professionals, administrators, policymakers, and advocates of the rights of people who deal with social welfare agencies.
Foreword
Preface: The Need for a New Look
I The Issues: Discretion and Due Process Protection
1 Discretion in Social Services
The Legal Dimension
Sources of Administrative Discretion
Discretion and Legality
2 The Protection of Individual Rights: Legal Theory
Constitutional Doctrine: The Applicability of the Due Process Clause to Fair Hearings
Judicial Review: Procedure and Substance
Legal Rights and Discretion
3 The Protection of Individual Rights: Law in Action
Constraints on the Exercise of Legal Rights
Fair Hearing Procedures in Action
Summary and Conclusions
II Legal and Structural Remedies
4 Advocacy Resources and Other Client Assistance Programs
Advocacy Resources
Alternatives to Adversary Representation
Summary
5 Management Supervision and Quality Control: Information, Efficiency, and Privacy
Defining Standards
The Information-Gathering Problem
Data-Gathering Issues Under Title XX
6 Structural Alternatives
Rule
The Οrganization of Social Services
Summary
References
- Edition: 1
- Published: May 10, 2014
- Imprint: Academic Press
- Language: English
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