Admissibility of Evidence - Privilege - Social worker - Patient Privilege - Civil Practice Law and Rules § 4508(a).
A registered social worker may not disclose, or be allowed to disclose a confidential communication with his client or the advice he has given his client in the course of his professional employment. The privilege extends to any clerk, stenographer or other person working for the same employer as the certified social worker or for the certified social worker. [1]
A person duly registered as a certified social worker under the provisions of article one hundred fifty-four of the education law is not required to disclose a communication made by his client to him, or his advice given thereon, in the course of his professional employment, nor may any clerk, stenographer or other person working for the same employer as the certified social worker or for the certified social worker be allowed to disclose any such communication or advice given thereon. [2]
However, a certified social worker may disclose whatever information the client authorizes. A certified social worker is not required to treat as confidential a communication by a client which reveals the contemplation of a crime or harmful act.[3]
Where the client is a child under the age of sixteen and the information acquired by the certified social worker indicates that the client has been the victim or subject of a crime, the certified social worker may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of the crime is a subject of inquiry.[4]
If a social worker is not certified his communications with a client are not privileged. [5]
A client who, for the purpose of obtaining insurance benefits, authorizes the disclosure of any such privileged communication to any person is not deemed to have waived the privilege.[6]
[1] Civil Practice Law and Rules § 4508(a).
[2] Civil Practice Law and Rules § 4508(a).
[3] Civil Practice Law and Rules § 4508(a).
[4] Civil Practice Law and Rules § 4508(a).
[5] In Matter of Shane MM. v Family & Children Servs., 280 A.D.2d 699, 720 N.Y.S.2d 219, (3d Dept, 2001) the Appellate Division held that Family Court’s ruling that the social worker's notes were privileged pursuant to CPLR 4508 (a) was error since the social worker was not certified. Petitioner's failure to object, after eliciting on cross examination from the social worker that she was not certified, was irrelevant, since Respondent, which asserted the privilege, did not establish its existence, but merely asserted it in blanket form. Medical texts are generally inadmissible as substantive evidence. Family Court erred in admitting the County Red Cross file pursuant to the business records exception since this file clearly contained statements from persons who were under no business duty to report such information to the Red Cross. Out-of-State probation records and mental health records which are not properly authenticated pursuant to CPLR 4518 (c) are not admissible.
[6] Civil Practice Law and Rules § 4508(a).
A registered social worker may not disclose, or be allowed to disclose a confidential communication with his client or the advice he has given his client in the course of his professional employment. The privilege extends to any clerk, stenographer or other person working for the same employer as the certified social worker or for the certified social worker. [1]
A person duly registered as a certified social worker under the provisions of article one hundred fifty-four of the education law is not required to disclose a communication made by his client to him, or his advice given thereon, in the course of his professional employment, nor may any clerk, stenographer or other person working for the same employer as the certified social worker or for the certified social worker be allowed to disclose any such communication or advice given thereon. [2]
However, a certified social worker may disclose whatever information the client authorizes. A certified social worker is not required to treat as confidential a communication by a client which reveals the contemplation of a crime or harmful act.[3]
Where the client is a child under the age of sixteen and the information acquired by the certified social worker indicates that the client has been the victim or subject of a crime, the certified social worker may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of the crime is a subject of inquiry.[4]
If a social worker is not certified his communications with a client are not privileged. [5]
A client who, for the purpose of obtaining insurance benefits, authorizes the disclosure of any such privileged communication to any person is not deemed to have waived the privilege.[6]
[1] Civil Practice Law and Rules § 4508(a).
[2] Civil Practice Law and Rules § 4508(a).
[3] Civil Practice Law and Rules § 4508(a).
[4] Civil Practice Law and Rules § 4508(a).
[5] In Matter of Shane MM. v Family & Children Servs., 280 A.D.2d 699, 720 N.Y.S.2d 219, (3d Dept, 2001) the Appellate Division held that Family Court’s ruling that the social worker's notes were privileged pursuant to CPLR 4508 (a) was error since the social worker was not certified. Petitioner's failure to object, after eliciting on cross examination from the social worker that she was not certified, was irrelevant, since Respondent, which asserted the privilege, did not establish its existence, but merely asserted it in blanket form. Medical texts are generally inadmissible as substantive evidence. Family Court erred in admitting the County Red Cross file pursuant to the business records exception since this file clearly contained statements from persons who were under no business duty to report such information to the Red Cross. Out-of-State probation records and mental health records which are not properly authenticated pursuant to CPLR 4518 (c) are not admissible.
[6] Civil Practice Law and Rules § 4508(a).
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:divorce@ix.netcom.com. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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