Section 5, Chapter 2 (Documentation), Subsection 3 – Discussions with Division of Legal Services

Effective Date:  5-1-19

Discussions with the Division of Legal Services (DLS), including the name of the DLS attorney, dates of discussion or options discussed, should not be documented in the record as this waives the right to attorney/client privilege.  Rather, the FACES contact should reflect the decision reached by the Children’s Service Worker after discussions with DLS.  If there would normally be an entry in the FACES contact concerning social work activity following a discussion with DLS that entry may indicate a contact with DLS, but must not be specific with regards to content or options/recommendations discussed.

If the Children’s Service Worker desires to retain the content of the entire discussion, this information should be retained in a separate file in the circuit manager or supervisor’s office. DLS discussion documentation retained in a separate place is not subject to release or subpoena.