CONFIDENTIALITY AND CASEWORK

MELINDA R. SELF SUPERVISING ATTORNEY

CONTRA COSTA DCSS

JULIE S. PAIKDIRECTOR/CHIEF ATTORNEY

SAN LUIS OBISPO DCSS

The Confidentiality Conundrum

Per Family Code (FC) § 17212(a), the intent of the legislature is to encourage full and frank disclosure of information relevant to:• Establishing parent/child relationships and support

obligations;• Enforcing child and spousal support (if

appropriate) obligations;• Locating absent parents; and • Locating parents and children who are abducted,

concealed or detained by the other parent

Confidentiality

But…Generally, all files, applications, papers documents and records established or maintained by the LCSA are considered confidential and cannot be disclosed unless disclosure is expressly authorized. FC § 17212(b)(1).

What are the exceptions???

No “I Do”until I do…

• NCP is getting remarried next week, but finds out his dissolution with CP isn’t final. He has no idea where CP lives and wants her address to serve her with dissolution documents.

• Can we tell him CP’s address?

YOU served ME?

• NCP was personally served with an S&C and he disputes service. He wants to know the address where he was allegedly served.

• Can we tell him?

Hello! It’s Welfare calling…

• The county welfare department wants to know the NCP’s address.

• Can we give them NCP’s address?

She did a bad, bad thing…

• The DA’s Office welfare fraud investigator wants to see our file on a CP who has been reported by the welfare department as possibly committing welfare fraud.

• Can we let them see our file?

Is Grandma just being nosey?

• NCP is in the military and is actively deployed. He has designated his mother to be his designee. She calls and wants a payment history and copies of the NCP’s and CP’s last I&Es.

• Can we disclose the payment history?• What about NCP’s I&E?• What about CP’s I&E?

Counsel, let me see that payment history…

• At a hearing for a modification, the Court asks for a copy of the NCP’s payment history.

• Can we disclose?

The court network took a break?

• Your Court is now paperless. During a hearing, the Court’s case management system goes down. The Court asks to see the LCSA’s file to view the pleadings, the payment history and any income information on the parties.

• Can we disclose the pleadings?• What about the payment history?• What about the I&Es?

Review in progress. Don’t stop here…

• An R&A is underway and both parties have provided I&Es and current paystubs. The LCSA has not yet determined if an adjustment is appropriate and no motion to modify has been filed. CP calls and wants NCP’s I&E and paycheck stubs so she can run her own guideline calculation.

• Can we disclose?

Attorney on a fishing trip…

• The LCSA is enforcing a support order and no legal action is pending. CP’s attorney calls would like the following information about the case: payment history, NCP’s employer, NCP income and whether his license has been suspended.

• Can we disclose the payment history? • What about NCP’s Employer?• What about NCP’s Income?• What about whether NCP’s license has been

suspended?

I can’t wait; I need to know now…

• NCP is served with an S&C and files an Answer denying parentage. An administrative order for genetic testing is issued and appointments have been made, but no motion to establish has yet to be filed. NCP wants to know CP’s income.

• Can we disclose?

CP runs rogue. Do you help her?

• The CP files an OSC re Contempt against NCP for failure to pay support (of course, without your permission). She contacts your office and asks for a copy of a wage verification you recently received stating that NCP voluntarily quit his job.

• Can you disclose?

Oh no! The police are calling…

• The local police department calls, asking for NCP’s address because they believe NCP has taken off with the children.

• Can we disclose?

Talking Textese With Your Kid…

• CP calls wanting NCP’s address. CP just received a text from the child, who is 15 years old and is currently with NCP, stating that NCP just threatened to kill her.

• Can we disclose?

Is it strange or is it normal?

• CP calls wanting NCP’s address. CP just received a text message from the child, who is 10 and is currently with the NCP. The child states that NCP is acting really weird, sweating a lot, mumbling his words, and unable to give her dinner. CP wants to pick her up.

• Can we disclose?

I’m going to kill myself

• NCP comes into the office to dispute his arrears balance. During the conversation, he becomes very frustrated and states “I can’t win with you. I’m going to kill myself.”

• Can we disclose any information to law enforcement to report the incident or conduct a safety check?

I’m going to blow this place

• Same scenario. This time, however, NCP states “I can’t win with you. I’m going to blow this place up.”

• Can we disclose any information to law enforcement, our Board/CAO or the staff?

Ring Ring—Probation Calling…

• The Probation Department calls asking for a slew of information about the NCP. Items include address, DOB, SSN, telephone number, place of employment, and names and contact information for NCP’s relatives and other children.

• Can we disclose?

So I disclose. So what?

• As a child support case worker, if it appears you disclosed confidential information in violation of §17212, can a criminal action be filed against you?

• If the criminal court finds that you disclosed confidential information, can you be found guilty?

MELINDA R. SELFmelinda.self@dcss.cccounty.us

(925)957-2380

JULIE S. PAIKjpaik@co.slo.ca.us

(805)781-5741

Please be sure to complete the session evaluation.