Department for Community Based Services

Standards of Practice Online Manual

11.2 Subpoenas and Confidentiality

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 11-CPS Court
Effective:
4/7/2014
Section:
11.2 Subpoenas and Confidentiality
Version:
2

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

If subpoenaed, the SSW:

  1. Appears at the designated time in court with any appropriate documentation; 
  2. Consults with the Office of Legal Services (OLS) prior to the time for appearance; and
  3. Observes the recommendation of OLS, which may include filing a motion to quash where appropriate.

If the party who subpoenaed the records does not meet one of the exceptions of KRS 620.050, the SSW:

  1. Advises the court that the records cannot be provided to the requesting party without a court order;
  2. Takes precautions that referral sources are not disclosed if the court issues an order authorizing disclosure of the case record as outlined in SOP 30.10 CPS Open Records Request and Disclosure of Information;
  3. Takes precautions that all attorney-client privileged communications with OLS are not disclosed as outlined in SOP 11.3 Attorney-Client Privileged Information, if the court issues an order authorizing disclosure of the case record; and
  4. Discloses a referral source when the court has privately reviewed the case record and determined that the referral was fraudulently made and thus orders the disclosure.

The SSW:

  1. Brings a summation or notes  to court, which address services provided and recent events that have occurred in the case; and
  2. Asks the court for a brief recess to consult with OLS when questions regarding disclosure of information arise, even if court ordered to do so;
  3. Follows the procedures as outlined in SOP 11.3 Attorney-Client Privileged Information when dealing with privileged information, as all communications between the SSW and OLS are confidential.
 

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