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Toolkit with Report Form - Pennsylvania Coalition Against Domestic ...

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Do:<br />

LEGAL CONSIDERATIONS<br />

Protecting Confidentiality<br />

✔ Politely, but firmly, deny requests for information about a particular<br />

victim<br />

✔ Cite PA’s absolute confidentiality statute – Victims of domestic violence<br />

have a legal right to confidentiality: All confidential communications<br />

between a victim and domestic violence program are privileged and<br />

cannot be revealed <strong>with</strong>out the victim’s express written consent<br />

(23 Pa. C.S. 6116)<br />

✔ See Section 4 of the toolkit for more specifics on confidentiality issues<br />

✔ Contact PCADV’s Legal Department for more detailed assistance<br />

Section Three<br />

Don’t:<br />

Don’t reveal a victim’s name or whether she/he is or was a service<br />

recipient<br />

Don’t discuss a case <strong>with</strong> anyone or share information about a victim<br />

<strong>with</strong>out the victim’s written consent<br />

Don’t lie or destroy/falsify records<br />

Don’t instruct a victim to flee<br />

Do:<br />

Don’t:<br />

Responding to Subpoena<br />

for Shelter Resident<br />

✔ Resist the subpoena by responding, “I have no information for you”<br />

or “I can neither confirm nor deny that the person is here.” (Cite<br />

confidentially privilege above)<br />

✔ Inform the resident about the subpoena and suggest that the resident<br />

consult an attorney<br />

✔ See Section 4 of the toolkit for specifics on responding to subpoenas<br />

✔ Contact PCADV’s Legal Department for more detailed assistance<br />

Don’t ever accept a subpoena directed to a resident<br />

Don’t advise the resident to flee or destroy evidence that the<br />

subpoena requests<br />

When Crisis Strikes | <strong>Pennsylvania</strong> <strong>Coalition</strong> <strong>Against</strong> <strong>Domestic</strong> Violence | 2012 page 7

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