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Committee considers narrow exception so social workers on legal teams can keep attorney‑client confidentiality
Summary
Senate Bill 128 would create exceptions to certain mandatory reporting statutes and employment protections so licensed social workers supervised by attorneys can maintain attorney‑client confidentiality while working on civil, criminal, domestic or juvenile matters. Proponents from public defender offices and law clinics said the change enables "
Senate Bill 128 would create a narrow exception to several Kansas mandatory‑reporting statutes to allow licensed social workers who are working under the supervision of an attorney to maintain attorney‑client confidentiality in the course of legal representation. The reviser told the Senate Judiciary Committee that the language is inserted into multiple reporting and employer‑protection statutes and into the social‑work confidentiality statute, identified in committee as KSA 65 63 15.
Heather Cessna, executive director of the Board of Indigent Defense Services, said BIDS requested the bill to resolve a conflict that arises when licensed social workers are embedded on defense teams. "There is this conflict between their mandatory reporting requirements and the duty of confidentiality that is the linchpin of the attorney‑client relationship," Cessna said. Proponents told the committee that licensed social workers improve client interviews, mitigation, release planning and connections to…
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