Department for Community Based Services

Standards of Practice Online Manual

11.3 Attorney-Client Privileged Information

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:
12/3/2010
Section:
11.3 Attorney-Client Privileged Information
Version:
1

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 Legal Authority/Introduction

LEGAL AUTHORITY:

All communications between the SSW and Office of Legal Services (OLS) are privileged and are not disclosed to the court, other attorneys, the client or other individuals.  Attorney-client privileged information is not subject to open records or discovery requests.

Procedure

The SSW:

  1. Consults with an attorney from OLS before disclosing any attorney-client privileged information, which includes, but is not limited to, the following:
    1. DSS-161-Request for Involuntary Termination of Parental Rights;
    2. Chronological summary;
    3. Witness list; and
    4. Correspondence/discussions between OLS and the SSW;
  2. Segregates any correspondence and/or any other documents containing communications with OLS from the remaining case record in:
    1. A separate location in the case file designated for attorney-client privileged information; and
    2. Such a manner that the information can be easily removed when non-DCBS staff is reviewing the case record to eliminate unauthorized disclosure, including discovery reviews by opposing counsel;
  3. Documents in TWIST contact screens that a discussion with OLS occurred and the date of the occurrence. 1
 

Footnotes

  1. Details of the discussions between OLS and the SSW are not entered into TWIST.

Communicate

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