In response to your request for information from other states that might 
asist in passing the proposed social work liability legislation, I hope the 
following might be of assistance.
Here in Arkansas there are two mechanisms for holding social workers 
responsible for their actions.  The first does not work and the second is 
probably too expensive for those who really need it.
The first is filing a complaint with the social work licensing.  The 
complaint is taken and given to an investigator.  The investigator then 
interviews the complaintant who is asked specifically how the social worker 
has violated the code and professional rules.  This requires that the 
complaintant know the code, rules of professional conduct and bear the burden 
of proof.  Since most people are unable to do this, the investigator reports 
to the Board that they were unable to substantiate the allegation and 
recommend dismissal of the complaint.  The Board always follows this 
recommendation.  Doing this avoids holding a formal hearing which could then 
be appealed under the Administrative Proceedures Act.  Their legal adviser 
has stated that dismissing a complaint as unfounded can not be appealed.
This has been accepted as true and never been challenged.
     Two of the complaints that were dismissed in this manner include court 
transcripts clearly showing that the social workers commited perjury or was 
using a political agenda as a basis for their trestimony.
     There are some Arkansas Supreme Court opinions that might be of use.  
Prater v State requires that expert testimony must meet the criteria of 
validity and reliability (ARE 402, I think), which parallels US Supreme Court 
Opinion Daubert v Merrill Dow Pharmaceuticals, Inc (based upon the 
interpretation of a different Federal Rule of Evidence).  Wilburn v State 
specifically states that social workers are not qualified to make 
psychological diagnosis (based upon the specific wording of the Arkansas 
Code).  Jones v State may also be of use.  
     There was legislation proposed in the US House requiring 
psychologists tell the truth when testifying that may help.
     Let me know how this turns out.
     If I can help further, call me at (501) 470-9747.
--- GEcho 1.11+
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