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JOURNAL OF PROCEEDINGS
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Aug. 6
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84
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of protective supervision or out-of-home placement is
requested, or upon review of placement or custody orders.
Although it is not possible to know exactly how many
children may be placed at risk as a result of a local
department of social services' inability to introduce such
evidence in court, the Department of Human Resources and
other proponents of the veto believe the number is
substantial.
The Department of Human Resources and Office of the
Attorney General have further considered the anomaly in the
law whereby the testimony of licensed social workers would
be subject to the privilege but the testimony of unlicensed
social workers — who do exactly the same "counseling" in
protective services cases -- would not. The Attorney
General has expressed the view that "such an anomaly in the
law will undoubtedly lead to litigation, particularly in
view of the large percentage of social workers who have
chosen to be licensed."
Under these circumstances the need to veto this bill
and avoid its negative impact on the welfare of children and
others is unfortunate but unavoidable. I have, however,
been assured by the Secretary of Human Resources that a
priority effort will be made to assist the proponents of
this measure to structure legislation for the 1983 session
that corrects the deficiencies of the present bill. My
Administration supports the enactment of an appropriate
privilege between social workers and their clients that
recognizes and safeguards such a professional counseling
relationship.
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Sincerely,
Harry Hughes
Governor
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Senate Bill No. 905
AN ACT concerning
Privileged Communications - Social Worker's Patients
Clients
FOR the purpose of creating the social worker patient
privilege during all judicial and administrative
procedures.
FOR the purpose of providing that a client of a licensed
certified social worker has a privilege in certain
proceedings to refuse to disclose and prevent
disclosure of certain communications made to the
licensed social worker under certain circumstances;
defining certain terms; and generally relating to the
licensed certified social worker-client privilege.
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