| |
Law Note Series
Social
Workers and Subpoenas
by: Carolyn I. Polowy, JD
and Joel Gilbertson, Law Clerk
Published: January 1997 © NASW
Pages: 29
INTRODUCTION
Social workers are becoming
involved in clients' lawsuits more frequently than they would like. Domestic
relations matters, drunk driving accidents, and sexual harassment or other
work-related problems can lead to litigation for clients who are in family
counseling, therapy, or employee assistance programs. In addition, social
workers are required to report acts or suspicions of child or elder abuse
and may have to testify about these reports. Further, troubled clients may
be involved in legal proceedings such as child custody contests, workers'
compensation hearings, civil damage suits, or criminal matters including
domestic violence and violation of probation orders.
These and similar mattes
may result in litigation involving social workers and the subpoena of their
records. The type of subpoena, whether it must be obeyed, whether the client
has provided a valid written release of information, and whether original
records must be provided are some issues that must be addressed. The first
step in sorting out how to treat a subpoena is to understand the concepts
and rules on which a subpoena is based. Armed with some information about
the purpose of a subpoena and the legal and ethical rules that generally
apply, social workers can analyze how to respond and also can formulate legal
questions for an attorney.
Price
List and Ordering Information
|
|
