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Testimony and Court Cases

Testimony

ABE has conducted research on the acceptance and standing of advanced clinical social work in the legislative, regulatory, and judicial arenas. As a repository of information, and as an experienced provider of testimony, ABE is willing to consider requests for assistance, especially from representatives of state and national organizations.

ABE’s testimony and testimony-support tends to be based on the importance of professional standards. ABE focuses primarily on the value of advanced practice as embodied by the BCD certification. Any party with a legitimate interest in advancing or defending clinical social work in a regulatory or legislative setting is invited to contact abe@abecsw.org.


Court Cases
The three court cases mentioned below resulted in strong affirmations of the importance of clinical social work, and can be used in teaching about practice issues as they intersect with the legal system.

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New York Court Affirms Clinical Social Work’s Bio-psychosocial Approach (2005)

A New York Court holds that clinical social workers may provide services to those whose mental disorders or symptoms may be organic in nature or result from a concurrent physical ailment. The New York State Clinical Social Work Society played a pivotal role in the case, which cites ABE’s definition of clinical social work.

Read the case opinion and an ABE article about it:
People v. R.R. NY 2005 case article (PDF)
Opinion


Maryland’s Highest Court Upholds Evaluation, Diagnosis, Expert Testimony (2000)

Confronted with the contention that clinical social workers do not have the right to assess and diagnose mental/emotional disorders or to serve as expert witnesses, the Maryland Court of Appeals found in favor of clinical social workers and upheld their right to perform these services.

ABE filed a joint amicus curiae brief in the case, which was supported by the state’s attorney general.

Read the brief and an ABE article published about this case:
MD 2000 case article (PDF)
Brief (PDF)


U.S. Supreme Court Decides in Favor of Clinical Social Work (1996)

In the U.S. Supreme Court Case of Jaffee v. Redmond, which arose from a clinical social worker’s refusal to turn over case notes, the Court granted a broad federal privilege of privacy of communication between psychotherapists (including clinical social workers) and their clients.

ABE filed a joint amicus curiae brief that was cited by the Court in its majority opinion.

Read it and other materials from this crucial case.
Jaffee v. Redmond 1996 News Release (PDF)
Syllabus (PDF)
Brief (PDF)
Opinion (PDF)
Dissent (PDF)
Peter Brody, JD article (PDF)

 

 
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