Protection and Advocacy for Individuals with Mental Illness Act

Abstract

This study explored the perceptions of one state's policy stakeholders toward the implementation of the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). This congressional act established state programs authorized to investigate abuse, neglect, and civil rights violations against individuals with mental illness in residential facilities. A qualitative case study approach was selected to study the perceptions of the impact of this law. Participants were chosen using a maximum variation sampling of four diverse stakeholder groups. In-depth interview responses were developed into a series of proposed assertions regarding the impact of the PAIMI Act.     

A Commentary on What Social Workers Need to Know About the Individuals with Disability Education Act (IDEA) and the Americans with Disabilities Act (ADA)

Abstract

The Individuals With Disabilities Education Act (IDEA) and the Americans With Disabilities Act (ADA) offer important legal protections for school age children. This commentary outlines those protections for special needs children in both public and private schools. Social workers need to be aware of the rights children with disabilities have under each law. This information is particularly helpful for those practitioners who wish to advocate for the educational needs of children with disabilities.     

The Failed Patient Self-Determination Act and Policy Alternatives for the Right to Die

ABSTRACT

The empirical evidence regarding the implementation and impact of the federal Patient Self-Determination Act is examined in this article. The Act was designed to increase the use of advance medical directives in light of the U.S. Supreme Court's Cruzan decision. Research shows that the law has had little effect and that the use of advance directives has scant relation to medical treatment and care. Various policy alternatives for the right to die are also examined. The authors conclude with an analysis of the likely impact of medical costs, fruitless treatment, and rationed health care on limiting life-prolonging treatment.     

A Commentary on the Admission and Retention of Students with Disabilities in Social Work Programs

Abstract

Section 504 of the Rehabilitation Act of 1973 is the federal law upon which the Americans With Disabilities Act (ADA) is built. Both laws are designed to prevent discrimination against students with disabilities. This commentary offers a comparison of section 504 with the ADA. An analysis of the case law under Section 504 is also presented; this analysis provides guidelines that universities and colleges will have to follow under the ADA. The implications of the ADA are offered for social work programs in the areas of admission and retention of students with disabilities.     

Reunifying Families Affected by Maternal Substance Abuse: Consumer and Service Provider Perspectives on the Obstacles and the Need for Change

ABSTRACT

This paper presents the findings of a qualitative study which examined the views of chemically dependent mothers, child welfare service providers and substance abuse service providers regarding the obstacles to family reunification and recommendations for change. Implications for practice, policy and research are discussed, with special reference to the mandates of the Adoption and Safe Families Act.     

Courtesy Stigma and the ADA

Abstract

A seldom-discussed element of the Americans with Disabilities Act (ADA) of 1990 provides a degree of employment protection to the relatives and close associates of persons with disabilities, if these relatives or associates have been subject to adverse employment action because of this relationship. This paper describes this “third-party discrimination,” and analyzes important court cases related to it.     

An Overview and Comments on Recent Americans With Disabilities Act Court Rulings

Abstract

The American with Disabilities Act (ADA) is designed to protect persons with disabilities from discrimination in nearly every aspect of American life. This commentary focuses on a number of recent United States Supreme Court decisions that help to clarify the intent of the ADA. It is critical for social workers to be aware of these recent court rulings because they affect social work practice and have important policy implications.     

Imprisonment in Hospital

You are sitting drinking tea at your midmorning break, chatting to your neighbour about the cost of living. There is an announcement over the radio: “Caffeine has been declared a dangerous drug under the Queensland Health Act Amendment Act 1971. Caffeine is a stimulant found in coffee, tea, cocoa and cola.”     

Silver Bullets and Quick Fixes

Abstract

Important lessons in policy implementation are available to welfare reformers who closely examine the case of the child welfare sys tem. Similarities exist between the Personal Responsibility and Work Op portunity Act of 1996 and the Adoption Assistance and Child Welfare Act of 1980. While substantively the two pieces are very different, current wel fare reform efforts are likely to repeat mistakes made by those implement ing child welfare system reforms in the 1980s and 1990s. Four factors threaten the success of reforms: The vagueness of language; the search for one single solution for all families; insistence on defining the complexity of family problems in extremely narrow terms; and the excessive bureaucrati- zation of service delivery. Policymakers are cautioned to look toward re cent innovations in child welfare for guidance instead of inadvertently repeating missteps.     

Taking a Leap Forward: Adult Protective Services and the Elder Justice Act

ABSTRACT

The author outlines factors in the current environment for Adult Protective Services programs in the United States of America in the spring of 2003 and the significance of the Elder Justice Act to those programs. The commentary notes key strengths and challenges in the bill and warns against relying on legislation alone to address the root causes of elder abuse.     

Locus of Control and Marital Termination:

Abstract

This is a pilot study which compares the effects of two divorce laws on the functioning of parents and children immediately after the separation and two years later. The Parenting Act of 1987 in Washington state is a novel approach to divorce, which was intended to reduce parental conflict by focusing on parenting functions and responsibilities rather than on custody. Parents divorcing under the previous law (a no-fault, joint custody permissible approach) and their children were used for comparison. Two hundred consecutively divorcing couples, for each law, divided equally between a heavily urban county and a rural county were invited to participate. Both parents were asked to rate their own adjustment and the adjustment of each of their children. Respondents were surveyed again two years later. Proponents of the Parenting Act expected that the new law would reduce interparental conflict, help fathers stay more involved with their children, improve the reliability of support payments, and reduce the impact of divorce on children. The expected benefits of the Parenting Act were not demonstrated in this study, although children were somewhat more likely to reside with their fathers than children whose parents divorced under the “no-fault” law. Furthermore, the Parenting Act appeared to have an adverse effect on parents' post-divorce adjustment. However, the low response rate limits the reliability of these conclusions.     

Senator John Breaux: The Elder Justice Proposal of 2002

ABSTRACT

The number of older Americans is steadily rising, and with it will come a concomitant increase in abuse, neglect, and exploitation. The Elder Justice Act will provide federal resources for state and community efforts as well as for research. The major purposes of the Act are to: elevate the issue of elder justice, improve the quality of information about the problem, increase knowledge and promising practices, develop forensic capacity, ensure “safe havens,” increase prosecution, supply needed training to many disciplines, address the issue in underserved populations, review model laws and practices, further security and improve information in long-term care, and encourage greater systemic accountability.     

Perceptions of Body Image

Abstract

Perception of body image is an important component of self-concept and self-esteem. It has significant influence on work performance, a sense of physical attractiveness and incidents of health problems, such as anorexia. Negative perceptions of others by employees and supervisors can lead to violations of the Americans with Disabilities Act.     

The Relationship Between the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and Innovative Welfare Practices on a Local Level

SUMMARY

Part of the intention of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) was to encourage the development of innovative welfare programs on a state and local level. The Act removed stringent federal regulations regarding the design and implementation of cash welfare programs. The freer programmatic environment was to assist local offices in addressing the unique needs of their particular clients as they moved from welfare to work within a time limited setting. In an attempt to examine if this intended piece of the policy was implemented, qualitative data were collected from a statewide sample of local Division of Family and Children Services (DFCS) offices in Georgia. The findings indicate that a minority of local offices engaged in innovative behaviors that were significantly different from their pre-PRWORA behaviors. Implications for welfare policy implementation and program development are discussed.     

An empirical investigation of campus demographics and reported rapes

Objective: Rape on college campuses continues to be a pervasive public health issue with approximately 11% of women experiencing rape while in college. As such, it is important to examine factors unique to college campuses that influence the occurrences of rape. Methods: Using data from 1,423 four-year universities (public and private with at least 1,000 students) from the Office of Education and the Clery Act (2014), we examined institutional risk factors, such as tuition, liquor violations, Greek-life, athletic programs, institution type (public vs. private), and geographical location. Results: Public institutions with higher tuition, more liquor violations, and greater numbers of fraternity men and athletes were more likely to report rape on their campuses. Conclusions: Findings suggest that there are university-level characteristics which may increase certain campuses propensity toward violence against women.     

Deaf Workers in Restaurant,Retail, and Hospitality Sector Employment: Harnessing Research to Promote Advocacy

ABSTRACT

A quarter-century after the passage of the Americans with Disabilities Act (ADA, 1990 Americans with Disabilities Act (ADA). (1990). P.L. 101–336, 105 Stat. 327, 42 U.S.C., 12101 et. seq. [Google Scholar]), workplace accommodation is still a struggle for deaf employees and their managers. Many challenges are the result of communication barriers that can be overcome through much needed—although often absent—advocacy and training. This article highlights the literature on the employment of deaf individuals in the United States service industries of food service, retail, and hospitality conducted from 2000 to 2016. Exploring dimensions of both hiring and active workplace accommodation, suggestions are made for how social work advocates can harness information and strengthen their approaches for educating managers and supporting workers.     

BOOK REVIEWS

SUMMARY

This article explores two historical periods that preceded the Indian Child Welfare Act of 1978: the Boarding and Mission School era (1880s-1950s) and the Indian Adoption era (1950s-1970s). The assimilationist social welfare policy of those two eras led to the eventual need for special legislation that protects tribal self-determination, heritage, and family preservation.     

Addition and Subtraction

ABSTRACT

This paper introduces the use of cost-benefit analysis as a teaching tool for addressing diversity content within social policy courses and advocacy work. Two case examples, the Rockefeller drug laws and the Permanent Partners Immigration Act, are provided to illustrate the methodology. Teaching strategies that utilize cost-benefit analysis to develop student understanding of current policies affecting diverse populations and its usefulness as an advocacy strategy are introduced. In addition, the potential for cost-benefit analysis to foster greater understanding of whose voices seem to be heard in social policy development and whose appear to be silent is discussed.     

The Americans with Disabilities Act: A Tool to Combat Poverty

Abstract

Statistics consistently demonstrate that people with disabilities are the poorest, least educated, and largest minority population in America. This article examines the employment provisions of Title I of the recently enacted Americans with Disabilities Act (ADA) and its use in combating poverty for individuals with disabilities. The ADA in its entirety, and Title I in particular, is useful both as an advocacy and pedagogical tool to understand and alleviate poverty, oppression, and discrimination. Suggestions for infusing this content into the professional foundation curriculum are included.