Court-ordered Counseling by Social Workers in Colorado

Publication year1986
Pages47
CitationVol. 15 No. 1 Pg. 47
15 Colo.Law. 47
Colorado Lawyer
1986.

1986, January, Pg. 47. Court-Ordered Counseling by Social Workers In Colorado




47


Vol. 15, No. 1, Pg. 47

Court-Ordered Counseling by Social Workers In Colorado

by Thomas Goldsmith and Michael R. Dice

Legal regulation of social work practice has a long and complicated history in Colorado. For many years, the profession was divided over the issue of legal regulation. The National Association of Social Workers ("NASW") in a 1972 policy statement formally supported the licensing of social workers for the protection of the public and the profession. At about the same time, the Colorado Attorney General stated that social workers practicing without a license might be in violation of the statutes regulating the practice of psychology and medicine.(fn1) Then, the Colorado General Assembly enacted the Social Work Practice Act of 1975 ("Act"), which provided licensing standards for the practice of social work. Unfortunately, the Act exempted social workers employed by non-profit agencies.


Licensing Classifications and Requirements

The Act defines social work as including "counseling and the use of applied psychotherapy."(fn2) Since many psychologists and psychiatrists also provide counseling and psychotherapeutic services, there was concern that licensing requirements for social workers be as strict as those imposed on psychologists and psychiatrists. Consequently, classifications for those engaged in social work were created. These classifications are Licensed Social Worker II ("LSW II"), Licensed Social Worker I ("LSW I") and Registered Social Worker ("RSW").(fn3) The only social workers who have to be licensed under the Act are those who are privately counseling clients. They must have an LSW II classification.(fn4)

To qualify for an LSW II license, a social worker must (1) have a master's degree in social work, (2) at least five years postgraduate experience in social work under the supervision of a licensed social worker and (3) have passed an advanced examination.(fn5) However, many people are not counseled by social workers in private practice, but by social workers employed by public or private non-profit agencies. Some, and perhaps many, of the non-profit agency social workers are not licensed because the Act does not require it. Thus, the Act clearly requires more from social workers who privately counsel clients.(fn6)

Counseling is used regularly to...

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