Protecting the Social Service Client - 1st Edition - ISBN: 9780123228482, 9781483260266

Protecting the Social Service Client

1st Edition

Legal and Structural Controls on Official Discretion

Authors: Joel F. Handler
Editors: Robert H. Haveman
eBook ISBN: 9781483260266
Imprint: Academic Press
Published Date: 28th April 1979
Page Count: 176
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Protecting the Social Service Client: Legal and Structural Controls on Official Discretion examines the treatment of clients of public and private social service agencies and highlights the role of consumer protection in dealing with the existence and abuse of administrative discretion. Of particular concern is the legal rights of these social service clients — principally the poor — and how effectively these rights are being enforced. The history of due process protection (that is, by means of appeals and court hearings) is discussed and a number of legal and structural remedies are offered.

Comprised of six chapters, this book begins by setting forth the issues and reviewing the experiences of client protections under the due process model, with emphasis on discretion as a key legal issue in social services. The reader is then introduced to legal theory, particularly how constitutional and statutory law defines the legal interests of social service clients and what system of protection is provided by the law. Subsequent chapters focus on the protection of client rights in practice as well as several different legal and structural remedies to client protections. The legal protection of clients is analyzed, first from the client perspective and then from the point of view of the policymaker.

This monograph is intended for social work professionals, administrators, policymakers, and advocates of the rights of people who deal with social welfare agencies.

Table of Contents


Preface: The Need for a New Look

I The Issues: Discretion and Due Process Protection

1 Discretion in Social Services

The Legal Dimension

Sources of Administrative Discretion

Discretion and Legality

2 The Protection of Individual Rights: Legal Theory

Constitutional Doctrine: The Applicability of the Due Process Clause to Fair Hearings

Judicial Review: Procedure and Substance

Legal Rights and Discretion

3 The Protection of Individual Rights: Law in Action

Constraints on the Exercise of Legal Rights

Fair Hearing Procedures in Action

Summary and Conclusions

II Legal and Structural Remedies

4 Advocacy Resources and Other Client Assistance Programs

Advocacy Resources

Alternatives to Adversary Representation


5 Management Supervision and Quality Control: Information, Efficiency, and Privacy

Defining Standards

The Information-Gathering Problem

Data-Gathering Issues Under Title XX

6 Structural Alternatives


The Οrganization of Social Services




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© Academic Press 1979
Academic Press
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About the Author

Joel F. Handler

About the Editor

Robert H. Haveman

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