Social workers as expert witnesses in child welfare cases
Lawyers are increasingly calling upon social workers to serve as expert witnesses in cases involving children and families. Roles for social workers are emerging in the courtroom as expert witnesses in such areas as wrongful death, foster care, guardianship, forensic issues, child abuse and neglect, commitment hearings, education, and family custody evaluation. As society gets more specialized and complicated, the courts are using the testimony of expert witnesses to help resolve cases. Whether defending social workers or agencies, or litigating on behalf of a client, having the right experienced expert witness can make the difference between winning or losing an important case. How social work experts can aid the court
A social worker who is called as an expert witness may be asked to provide:
An in-depth analysis of the events and issues in question. For instance, in many states social workers are permitted to make diagnostic assessments.
A thorough analysis of the procedures, policies and practices used by the social workers and agency to determine their appropriateness, legality, and conformity with current practice (e.g., were child abuse investigation procedures appropriately carried out?).
A thorough analysis of the strengths and weaknesses of the case from many perspectives (e.g., clinical, administrative, managerial, supervisory).
Reviewing pertinent documents, evaluating their findings, and developing conclusions regarding the evidence.
Trial preparation and assistance during the discovery and trial phases.
A familiarity with relevant and applicable case law.
Testimony which is ethical, accurate and persuasive. Contrary to popular myth, expert witnesses are sworn to be completely truthful—they cannot ‘fudge.’ It is important to remember that they are not advocates; their primary duty is to the court, not to the person who retained the expert.
Special qualifications to testify in a specific case (i.e., Does the witness have any unique publications regarding the issues at bar? Does the witness demonstrate any bias for the plaintiff or defendant? Does the witness offer previous testifying experience? For whom? Which specific cases?