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SOCIAL WORKER AS A COURTROOM WITNESS

NCJ Number
49818
Journal
Social Casework Volume: 56 Issue: 9 Dated: (NOVEMBER 1975) Pages: 521-525
Author(s)
B E BERNSTEIN
Date Published
1975
Length
5 pages
Annotation
THE SOCIAL WORKER'S OBLIGATIONS WITH REGARD TO TESTIMONY CONCERNING CLIENTS ARE DISCUSSED, AND GUIDELINES FOR PREPARING AND PRESENTING SUCH TESTIMONY ARE OFFERED.
Abstract
THE DISCUSSION IS PRESENTED IN THE CONTEXT OF A HYPOTHETICAL CHILD CUSTODY CASE IN WHICH THE SOCIAL WORKER, HAVING COUNSELED THE HUSBAND INDEPENDENTLY AND BEING AWARE OF THE FAMILY'S SITUATION, IS SUBPOENAED BY THE WIFE'S ATTORNEY TO APPEAR IN COURT AND TO MAKE AVAILABLE ALL RECORDS PERTAINING TO THE HUSBAND. THE SOCIAL WORKER, WHO HAS CONCLUDED THAT THE HUSBAND IS BETTER PREPARED TO TAKE CUSTODY OF THE CHILDREN, MUST BALANCE LEGAL OBLIGATIONS WITH PROFESSIONAL ETHICS AND STANDARDS. IN SUCH SITUATIONS, SOCIAL WORKERS ARE ADVISED FIRST TO CONTACT THEIR CLIENTS AND THEN TO DISCUSS THE MATTER WITH THEIR OWN, OR THEIR CLIENT'S ATTORNEY. THE CLIENT SHOULD BE KEPT IN MIND, BUT THE SOCIAL WORKER MUST BE CAREFUL TO PROTECT HIMSELF OR HERSELF AGAINST LIABILITY. GENERAL PROCEDURES FOR PREPARING TESTIMONY -- INCLUDING THE ACQUISITION OF A GENERAL KNOWLEDGE OF THE RULES OF EVIDENCE, COURT PROCEDURE, AND TECHNIQUES OF EXAMINATION AND CROSS-EXAMINATION -ARE SUGGESTED. REHEARSALS OF TESTIMONY ARE RECOMMENDED. (LKM)

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