Legal Question in Family Law in Arkansas

Confidentiality - are there any exceptions

We keep confidential files on clients who come to the center. Usual statistics plus result of their pregnancy test if that was the purpose of the visit. On the last page we have "Office Use Only" as to what brochures we gave, videos watched,referrals etc. and volunteers "comments". If the file of a client were subpoenaed by the court would we be required to give that last page with a volunteers comments on it? These notes are just to enable the volunteers to remember her and her situation should she come by or call needing further assistance. Or could we just give the first 3 pages of "client information" questions and answers? Are there any exceptions?


Asked on 9/13/99, 2:38 am

1 Answer from Attorneys
Jonathan Schiff Self employed

Re: Confidentiality - are there any exceptions

First of all, I assume these are medical records. In addition to federal privacy statutes there are state statutes as well. Additionally, there are testimonial privileges. The problem is you are not the one to determine what those are. The Court is. If a subpoena is issued duces tecum (which means "bring the documents") and is specific enough for you to indentify what the subpoena requests, you have to comply. The proper mechanism for objecting to the production of documents is a "motion to quash" and for testimony, an objection. You need to consult with consel for any time you are summoned to appear and/or bring documents to court so that the attorney can ascertain in regard to that specific what can and cannot be released and then do whatever is appropriate. Don't go making that decision on your own.

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Answered on 9/14/99, 9:40 pm


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