Law in the Health and Human Services
Simon and Schuster, 15. jun. 2010 - 640 sider
Professor Dickson provides students with examples of a legal way of thinking about significant issues in social policy. This book can be used in policy and practice courses in the fields of mental health, child welfare, the family, developmental and physical disabilities, and professional ethics. Provides excellent selection of relevant court decisions along with clearly articulated questions and issues for discussion.
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Legal Concepts for the Professional
Privacy Personal Autonomy and Records
Principles and Limitations
Incompetence and Guardianship
Law and the Mentally Ill
Legal Issues for Individuals with Disabilities
AIDS and the Law
Courtroom Issues Malpractice and Administrative Liability
Malpractice and Administrative Liability
Fact and Expert Witnesses
Index of Cases
Social Problems and Vulnerable Populations
Child Abuse Termination
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abortion action afﬁrmed AIDS alleged battered child syndrome beneﬁts child abuse child sexual abuse classiﬁcation Code commitment competent conduct conﬁdentiality counsel criminal custody decision defendant deﬁned deﬁnition determine difﬁcult disabled disclosure District Court domestic violence drug Due Process Clause duty employees evidence expert federal ﬁled ﬁnd ﬁnding ﬁrst Fourteenth Amendment Fourth Amendment guardian harm health and human hearing hospital human services professional identiﬁed incompetent individual informed consent interest involuntary commitment Issues for Discussion judge judgment jury liability malpractice medical treatment ment mental mentally retarded mother Notes and Issues ofﬁcer ofﬁcials parents patient or client person petitioner physician plaintiff privilege procedure proceedings protect psychiatrist qualiﬁed reasonable record refuse relationship respondent risk scientiﬁc sexual abuse sexual harassment signiﬁcant social worker speciﬁc standard statute sterilization sufﬁcient suicide syndrome termination testiﬁed testimony tion trial court U.S. Supreme Court violation
Side 305 - First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
Side 202 - Every human being of adult years and sound mind has a right to determine what shall be done with his own body ; and a surgeon who performs an operation without his patient's consent commits an assault, for which he is liable in damages.
Side 300 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Side 171 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Side 250 - The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state ; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
Side 97 - If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.
Side 307 - Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.
Side 107 - They conferred, as against the government, the right to be let alone— the most comprehensive of rights and the right most valued by civilized men.