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Committee advances bill allowing social workers to work under attorneys without mandatory‑reporting waiver in some defense settings
Summary
Senate Bill 128 passed the committee favorably. The bill allows licensed social workers who are retained by defense counsel to participate in certain interviews and defense preparations without automatic mandated‑reporter obligations, while ethical duties to report ongoing or imminent crimes remain in place.
The House Committee on Judiciary passed Senate Bill 128 favorably on Monday, a bill that permits licensed social workers to work under attorneys in defense settings with confidentiality protections for certain communications while preserving professional and legal obligations in situations involving ongoing or imminent criminal conduct.
Supporters said the change permits more robust, holistic defense work by allowing social workers with appropriate clinical training to interview clients and develop mitigation and treatment histories that can inform counsel and the court. Representative Lewis argued the provision helps ensure defendants receive comprehensive evaluations and that social workers’ skills are valuable in forensic interviews.
Opponents and skeptics urged caution. Representative Bohai said she would not vote for the bill because mandated‑reporter rules exist to protect victims and because removing automatic reporter status could inhibit disclosure of ongoing abuse. Grace Tran and others during earlier testimony raised concerns about isolation of people on registries (in other bills) and the impact of confidentiality rules, and committee members asked whether professionals would still have obligations to report ongoing or imminent crimes.
Advisers and proponents said professional ethical obligations remain: if a social worker or attorney learns of an ongoing or imminent crime, or that a client intends to commit future unlawful acts, applicable reporting duties and professional rules apply. Committee discussion emphasized the difference between past-reporting obligations and protections for confidential work product in defense contexts. The committee recorded the measure as passing favorably for passage; Representative Bohai asked that her opposition be recorded.
Proponents said the bill does not eliminate reporting duties when a practitioner learns of future or ongoing crimes; it clarifies that certain communications made in the course of defense preparation are shielded to support effective counsel and social‑work assessment.
