domestic violence shelter;
confidential communications
SB 1172 establishes privileged communications between a domestic violence victim and a domestic violence advocate. The privileged communication however does not apply in instances of suspected abuse or neglect of a minor in which a domestic violence advocate would have a duty to report.
Current law allows for privileged information between a crime advocate and a crime victim. A crime advocate may not disclose any communication, except compensation information unless the victim consents in writing. The information that is privileged includes records, notes, documents, correspondence or reports made while advising, counseling or assisting the victim. SB 1172 establishes similar privileged communication between a domestic violence victim (victim) and a domestic violence advocate (advocate).
Current law does not define a domestic violence advocate. As the advocate is not defined, educational requirements are not outlined. Training and educational requirements are at the discretion of the shelter. SB 1172 defines domestic violence advocate and outlines a minimum number of training hours that must be completed before beginning work and within the first year.
· Adds domestic violence advocate to the list of those required to report evidence or reasonable belief a minor has been the victim of injury, sexual abuse, abuse or neglect.
· Stipulates the confidentiality of an advocate shall not pertain in civil or criminal litigation involving a child’s neglect, dependency, abuse or abandonment or any proceedings resulting from such a report.
· Defines domestic violence advocate.
· Establishes privileged communication between a victim and an advocate if the communication relates to an incident of domestic abuse for which the victim is seeking assistance unless the victim signs a waiver for disclosure.
· Allows privilege to be claimed by the advocate, victim or the victim’s attorney or guardian on behalf of the victim.
· Requires an advocate to have at least 15 hours of training within one month of beginning work at a shelter and must also complete at least 40 hours of training within one year of beginning work.
· States the section does not apply to the duty to report non-accidental injuries and neglect of minors.
· Stipulates the section does not apply when the victim admits to committing a criminal offense.
---------- DOCUMENT FOOTER ---------
45th Legislature
Second Regular Session 2 April
15, 2002
---------- DOCUMENT FOOTER ---------