Legal Mandate Exercise | MyTopTutor

Legal Mandate Exercise:  2 parts

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Directions: 

  • Please write your responses in complete sentences.
  • Gerontology Students please use two of the highlighted mandates.

 

Part 1:  Briefly (1-2 paragraphs) describe your understanding of the difference between (1) constitutional law, (2) federal law, (3) state law, and (4) case law.

 

Part 2:  Please select 4 legal mandates/court decisions from the list below to research and provide a brief summary including: (1) purpose/benefit of the mandate/legislation/court case, (2) who the mandate impacts/protects, (3) impact on social work practice (special thought on how it supports confidentiality or self-determination or conflicts with those values).  The purpose of this exercise is to provide an opportunity for you to (1) become familiar with various legislation, (2) skills development in researching this information, and (3) understand impact on social work practice.  Please keep in mind that some federal legislation is implemented at the state and/or parish level or originate at the state/parish level.  It is hard to find a concise list of any specific social work mandates as it is different from state to state.   Please cite when appropriate.

 

Mandates:  (Please select four from the list below)

 

  • Adam Walsh Child Protection Act of 2006 (H.R. 4472) or Megan’s Law
  • 2011 Louisiana Laws Revised Statutes TITLE 9 — Civil code-ancillaries RS 9:2800.2 — Psychologist, psychiatrist, marriage and family therapist, licensed professional counselor, and social worker; limitation of liability
  • Child Abuse Prevention and Treatment Act
  • Tarasoff v Regents of the University of California (1976)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Health Information Technology and Clinical Health Act
  • Patient Protection and Affordable Care Act (2010)
  • Patient Self-Determination Act (1990)
  • Personal Responsibility and Work Opportunity Act (1996)
  • Uniform Health Care Decisions Act (1993)
  • Louisiana Children’s Code, Article 610 D (Federal: Child Protective Services Act of 1973 is what required each state)
  • 2009 Louisiana Code TITLE 14 Criminal law : RS 14:80 Felony carnal knowledge of a juvenile
  • Social Services Law Title 6 Section 413
  • Individuals with Disabilities Education Act (IDEA)- Public Law No. 101-476
  • Data Protection Act- 1998
  • The Children Act of 1989
  • Americans with Disabilities Act 1990
  • Title 42: Public Health (42 CFR Part 2) (The restrictions of these regulations upon the disclosure and use of drug abuse patient records were initially authorized by section 408 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C. 1175). That section as amended was transferred by Pub. L. 98–24 to section 527 of the Public Health Service Act which is codified at 42 U.S.C.T,
  • R.S. 15:1504 – Mandated Reporting Elder Abuse
  • FERPA (Family Educational Rights and Privacy Act) – you can provide general understanding of the law but specific attention to 34 CFR Part 99-pertains only to school social workers and those that collaborate.
  • ACT 954, the LaPOST Legal Mandate Exercise

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