1 - Discretion in Social Services

Abstract

This chapter describes the discretionary authority inherent in the operation of social services agencies. Discretion is the conditions imposed by social workers upon the recipients of social services. Discretion, however, is a matter of degree that manifests itself under varying circumstances. In some programs, rules are clear-cut and the choices allowed officials are minimal. However, such programs are relatively rare. In most programs, and especially in the social service programs, officials are allowed great latitude in imposing conditions as a part of the price for the delivery of social services. Understanding and controlling official discretion is the key legal issue in social services. It is discussed that the existence of widespread discretion does not lead to the conclusion that administrative behavior is completely unfettered. In social services, as in other administrative systems, there are constraints. Despite wide grants of authority, state, local, and private agencies will pick and choose among programs; some will be funded but not others. Also, there will be selections in eligibility rules and other conditions of aid. Administrators, supervisors, and caseworkers will also be constrained. They have professional and bureaucratic norms; they have their own sense of what is lawful and proper under the laws and regulations. In addition, the bargaining within and between agencies will constrain behavior. Discretion, then, is not boundless. However, the important point is that the constraints on discretion, for the most part, arise outside of the legal framework; they are not imposed by law and consequently will not serve as legal protections for aggrieved clients.