Lawyers Manual - Unified Court System

264 Amy E. Schwartz and Sharon Stapel
concerns is voluntary and confidential, and the information about applicants or
recipients who are identified as survivors of domestic violence may not be
disclosed to any outside parties or governmental agencies52 except if an applicant
or recipient authorizes the release in writing or the information is required to be
disclosed by law. 53 If a client reports child abuse to a caseworker, that caseworker
may have an obligation to report the abuse to child protective services.
DSS caseworkers, including DVLs, are required by law to report suspected
child abuse or neglect. 54 Some caseworkers may perceive child witnessing of
domestic violence as a type of neglect, so advocates should discuss with their
clients the implications of such disclosures before confiding in a caseworker.
Local social services districts are specifically required to tell applicants and
recipients that responding to questions regarding the existence of domestic
violence is voluntary. 55
The DVLs are required to maintain their own, separate files in order to
safeguard client-identifiable information. 56 Generally, this information is
available only to the DVL and not accessible to general caseworkers or other
DSS employees. However, client-specific information may be released intradepartmentally
in limited instances without the client’s consent. 57 If a survivor
reveals information to the DVL that may affect her benefits case, the DVL may
not transmit this information to the client’s public assistance caseworker without
the client’s consent. 58 For example, if a client tells the DVL that her boyfriend
forced his way back into her home and that she did not disclose his presence in
the household during her recertification with her caseworker, the DVL may not
reveal this information to the caseworker without the client’s consent, even
though it may constitute welfare fraud. Although the policy dictates the DVL
should not be perceived as condoning or encouraging the client to withhold
information on her public assistance case, the DVL’s primary goal is to preserve
client safety and confidentiality. 59 When, for example, the client reveals
additional income, the DVL must tell the client of the potential negative
consequences for non-reporting (i.e. sanction, rebudgeting, recoupment, criminal
liability), as well as the potential benefits of reporting (i.e. possible employment
retention, simple re-budgeting, access to certain employment-related benefits). 60
Further, because the DVL cannot pass along or act on this disclosure, reporting
this information only to the DVL will not be considered “reporting” to the
public benefits caseworker or to the agency. 61 Therefore, even if the client tells
the DVL of a problem or a change in circumstances, the client will also need to
officially inform her public assistance caseworker as well. If the DVL wears
multiple hats for the agency (i.e. is a caseworker or CSEU worker), the DVL