Court decision allows lawsuit over state’s ‘irrational’ social work rule to advance

A Texas court ruling means that a lawsuit over the state’s “irrational” rule regarding social workers can advance.

The rule simply bans people who ever have had a conviction from getting a license for social work, ever.

It’s being challenged, according to a report from the Institute for Justice, by “two Texas grandmothers with masters’ degrees who want to be social workers.”

Their problem? Decades ago, while young and under the influence of substance abuse problems, each was convicted of an assault.

The favorable ruling for their arguments came from a Travis County Court, which refused a state motion to dismiss the case.

It’s on behalf of Katherin Youniacuff and Tammy Thompson.

“Under a Texas law that the court deemed ‘irrational,’ each woman is permanently ineligible for a social work license based solely on an old and irrelevant conviction. But the Texas Constitution protects Texans’ right to earn an honest living in an occupation of their choosing free from unreasonable government interference,” the IJ reported.

“Should people be judged solely on old mistakes? That’s what’s happening in Texas. Katherin and Tammy both struggled with substance abuse issues early in their lives and each woman pleaded guilty to a single assault conviction during that time. Nearly two decades later, Katherin and Tammy have turned their lives around and want to help people facing similar problems,” the IJ explained.

“Texas won’t let them. A 2019 Texas law imposed a new, permanent punishment on Katherin and Tammy: Despite their rehabilitation, they are forever barred from working as social workers.”

But, the legal team said, that hurts not only the two women involved, but others because of “an exploding mental health and substance abuse crisis coupled with a dire shortage of professional social workers…”

The court’s ruling, rejecting the state’s demand to dismiss, said, “[a] categorical ban on personal experience directly relevant to a job is irrational.”

The IJ said, “The state can of course exclude individuals who truly pose a danger to their clients from practicing social work. But that’s not Katherin, or Tammy, or many other aspiring social workers targeted by the state’s ban.”

The judge found, “any danger that otherwise qualified applicants . . . pose to potential clients is not rationally possible to determine on anything other than an individualized basis.”

James Knight, an institute lawyer, explained, “This decision is the first step towards giving Katherin and Tammy and everyone in a similar situation the justice they deserve. Katherin and Tammy made mistakes and paid for them. Permanently punishing them doesn’t protect the public. It just makes it harder for people to pull themselves up and provide for their families. That’s unconstitutional.”