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

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Section four RESPONDING TO A subpoena A subpoena is a document from the court used to compel an individual to testify or provide documents about a civil or criminal case. If a person who is subpoenaed fails to appear, a warrant may be issued for their arrest. Subpoena For Shelter Residents: ◗ Program staff should never accept a subpoena directed to a resident. • The response should be: “I have no information for you” or “I can neither confirm nor deny that the person is here.” • The consequences for accepting a subpoena on behalf of a shelter resident are great. For instance, accepting a subpoena for a shelter resident breaches that resident’s legally protected, confidential information and may open the program to legal liability. ◗ The program should inform the resident about the subpoena and suggest the resident consult an attorney. The program must never advise the resident to flee or destroy evidence that the subpoena requests. Subpoena For Program or Staff: ◗ Do not accept service of the subpoena: politely inform the person delivering the subpoena that the executive director is the only person who can accept a subpoena. ◗ Contact the executive director and program attorney immediately. ◗ Keep detailed notes about how the subpoena was served. ◗ The executive director, together with the program attorney, should assess the nature of the request and decide whether to comply with or resist the subpoena. • It is a best practice to always resist a subpoena unless and until a resident asks the program to disclose and signs a written release. • Even if the resident consents to disclosure, the program may oppose the subpoena to protect other confidential information. Resisting a Subpoena? ◗ The executive director and program attorney should identify the source of the subpoena and ask the issuing attorney to withdraw it based on the absolute privilege extended to confidential communications between programs and service recipients. ◗ If the issuing attorney will not withdraw the subpoena, file a Motion to Quash as soon as possible. • Along with filing a Motion to Quash, the program attorney should request a hearing and attach a memorandum of law that lays out legal arguments in support of quashing the subpoena. This will help to build a record in case of appeal. • PCADV’s Legal Department can provide a sample motion and/or memorandum of law and can assist the program attorney, if needed. ◗ If the Motion to Quash is denied, a Motion for Protective Order should be filed immediately to limit the information that must be disclosed. • A Protective Order protects certain portions of a record, such as the shelter’s address or the identity of other clients or program staff. • A Protective Order may limit physical access to records or the nature of compelled testimony, such as how testimony is given and who may be present. page 12 When Crisis Strikes | Pennsylvania Coalition Against Domestic Violence | 2012
RESPONDING TO A WARRANT Search warrant: allows police to search for specific things and/or people at a specific location. In addition to the listed items, police may generally seize any evidence or contraband that they uncover while conducting the search. Arrest warrant: allows police to arrest a named individual. police can execute an arrest warrant at the individual’s home or at a public place. If the police want to arrest an individual at a different location, they must get a search warrant for the alternative location. Section four Warrant for Program: ◗ Speak with the officer(s) outside the residential area to verify their identity. ◗ If presented with a warrant to search the program, politely ask the officers to wait outside the residential area while you contact the executive director and program attorney. ◗ Staff should never physically obstruct an officer, but should clearly explain that they are not authorized to consent to the search. ◗ Make a copy of the warrant and examine the warrant to verify who and/or what the warrant seeks to find, the date of the warrant, and the issuing authority. • Program records or files for service participants are legally protected and should never be the subject of a search warrant. The program attorney should try to quash any warrant requesting program records or files. ◗ Keep detailed notes about the way the warrant was delivered and executed. • If a search is conducted, staff should accompany the officer(s), keep detailed notes and/or take video or photos to record the search. arrest Warrant for Shelter Resident: ◗ Speak with the officer(s) outside the residential area to verify their identity. Police must have a valid search warrant to search the shelter for the individual before they may execute an arrest warrant. ◗ If presented with a warrant to arrest a shelter resident: • The customary response should be: “I have no information for you” or “I can neither confirm nor deny that the person is here.” Tell the resident about the warrant and advise them to contact an attorney. ◗ Staff should never advise the resident to flee or to use force to resist arrest. • Staff may help arrange for the resident to voluntarily surrender if the resident gives written permission to do so, preferably after speaking to an attorney. • If the resident does not give permission, staff should not disclose any information. ◗ If presented with a search warrant to search the shelter for a resident or particular items: • Politely ask the officer(s) for a moment so you can contact the executive director and explain the search to the residents to maintain maximum confidentiality and to minimize the disruption that a search may cause. When Crisis Strikes | Pennsylvania Coalition Against Domestic Violence | 2012 page 13
Page 1 and 2: When Crisis Strikes: A Toolkit for
Page 3: TABLE OF CONTENTS 1. When Crisis St
Page 6 and 7: Section ONE PCADV technical Assista
Page 8 and 9: Section two Involve other systems i
Page 10 and 11: COMMUNICATIONS Do: Don’t: Do: Don
Page 12 and 13: Responding to Subpoena for Program
Page 14 and 15: Section four PROTECTING CONFIDENTIA
Page 18 and 19: Section four ◗ Staff should never
Page 20 and 21: Section five 4. Trauma ◗ A unique
Page 22 and 23: Section five E. Take Care of Staff
Page 24 and 25: Section five A Team Approach Most c
Page 26 and 27: Section five Communication with Fam
Page 28 and 29: Section five Take Care of Staff Fee
Page 30 and 31: Section five Vicarious Trauma Impli
Page 32 and 33: Section five Bringing in Other Indi
Page 34 and 35: Section five Physical Injury Severe
Page 36 and 37: Section five In securing personal i
Page 38 and 39: Section five Children and Death Whe
Page 40 and 41: Section five Appendix Resources Res
Page 42 and 43: Section six Managing Communications
Page 44 and 45: Section Six A Reference Guide to th
Page 46 and 47: Section Six Preparing Victims and S
Page 48 and 49: Section Six DISPELLING MYTHS Myth:
Page 50 and 51: Section Six Myth: Women Lie About B
Page 52 and 53: Section Six Myth: There’s Nothing
Page 54 and 55: Section seven Individual and Commun
Page 56 and 57: Section seven Honoring Victims Prof
Page 58 and 59: Section seven Community Awareness E
Page 60 and 61: Section seven Randi’s Race This a
Page 62 and 63: Section 1: General Information Prog

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