WOMEN’S COUNCIL: The Board of Behavioral Sciences and Social Work Values

By Marilyn Montenegro

Why does the Board of Behavioral Sciences (BBS) treat people with criminal convictions in a disparate and disrespectful way? Why do they fail to provide access to information about licensing criteria that is clear and easily understood?

Why does the social work profession, which is committed to service, justice and the dignity and worth of each person, condone insensitive treatment of people with conviction histories by its regulatory agency?

One in four adults in California has a criminal record. Of those 8 million, a significant number want to become social workers, but face barriers when they attempt to determine if they should enter the field and again when they attempt to register as an associate clinical social worker.

The NASW core values stress that the primary mission of the social work profession is to enhance and help the basic human needs and well-being of all people with particular attention to the needs of the vulnerable and oppressed, which would include those with a criminal history. It is the duty of social workers to promote social justice and social change which is paradoxical with the following barriers:  

Barrier Number One
The BBS, which licenses social workers in California, will not “pre-evaluate” applications. It will not evaluate an individual’s criminal history until that person has completed graduate school and applies for registration as an associate clinical social worker (ASW). Without pre-evaluation a potential social worker must either gamble the time and expense of graduate school and hope that her criminal history will not disqualify her or simply walk away from a career in social work.

Barrier Number Two
The BBS does not provide clear explanations of the standards that it uses in determining qualification for licensing.

The board indicates that it will consider the nature and severity of “the act,” the time elapsed, the extent of compliance with court ordered sanctions and evidence of rehabilitation but does not provide clear measures or guidelines. A potential applicant cannot realistically assess her own chances of being accepted or denied.

Barrier Number Three
The BBS completes a “case by case” review of every applicant with a conviction history even if a court has determined that the person has been rehabilitated.

People with misdemeanor convictions may obtain a court order to dismiss their conviction (under PC sections 1203.4 and 1203.4a) if the court determines that they are rehabilitated. People with felony convictions may obtain a certificate of rehabilitation (PC 4852.13) when the court determines that they are rehabilitated.

Currently the BBS requires that all applicants with a conviction history must submit essentially the same documents that the court requires when an applicant has applied for an order to dismiss or a certificate of rehabilitation (police reports, court documents, proof of compliance with court orders, proof of rehabilitation). It does not accept the decision of the court in lieu of its own case-by-case review, thereby putting potential candidates through a duplicate process.

The Impact of BBS Barriers
The absence of pre-evaluation and/or clear concrete guidelines may lead to potential social work candidates to invest time and money in graduate training only to learn that they do not qualify for licensure. Since employment opportunities for unlicensed MSWs are limited and at a pay level well below that of licensed social workers, we may be prohibiting people from becoming social workers who would be very qualified to work effectively with those who have experienced the criminal justice system and their families.

Others potential social work candidates, who would have qualified for licensing, do not enter the profession when they assume, erroneously, that they would not be able to obtain a license.

Educational Internship Barriers
Applicants with criminal histories, who may have experienced difficulties in securing field placements, are required to submit a group of documents that are often difficult to obtain, to be reviewed individually. This review process is time consuming and places the applicant at a disadvantage in beginning to accrue experience that will be credited toward licensing and in seeking employment. Social workers who are neither licensed nor in process of becoming licensed find their employment options extremely limited.

Impact on Social Work Candidates
Social workers, who have attempted to apply to the BBS with a criminal record, report that they find the BBS process degrading and humiliating. Those who have secured certification of rehabilitation through the courts find the BBS review demeaning and often indicate that the process elicits feelings of shame and embarrassment.

Aligning BBS Practices with Social Work Value 
The BBS represents the social work profession as its regulatory body. It is incumbent upon the Board to act in ways that are consistent with social work values. People with criminal histories are, as a group, vulnerable and oppressed. Failing to provide members of the group with clear, unambiguous information and to subject them to undue delays in the processing of their applications, effectively discriminates against them and is contrary to values of social justice.  

Initial changes required to begin aligning social work values with BBS practices include:

• Developing a list of those convictions which have a clear nexus with the practice of social work.
• Eliminating those convictions which are unrelated to the practice of social work from further evaluation of criminal history.
• Informing potential applicants of the convictions related to social work which will require further evaluation.
• Establishing realistic cut offs for time elapsed since most recent conviction (for example, if seven years have elapsed since discharge from parole or probation there shall be no further evaluation of criminal history).
• Accepting court orders to dismiss (under PC sections 1203.4 and 1203.4a) and certificates or rehabilitation (PC 4852.13) in lieu of case-by-case evaluation.

It is recommended that the BBC revisit its current licensing criteria for the formerly incarcerated and implement consistent, unbiased and objective standards.  Social work is defined by the doctrine to end discrimination, oppression, poverty, and other forms of social injustice. The board that governs these standards must, in itself, be rooted in responsiveness and accountability to individuals, organizations and communities for fair and just licensing practices.

The Women’s Council discusses a variety of ethical, practice and advocacy issues at its bi-monthly meetings held in the greater Los Angeles area. The August 23, 2014 meeting will be in Redondo Beach. For location or additional information contactwomenscouncil@sbcglobal.net or mujerista@All2Easy.net