Informal Discovery Requests

0300-506.07 | Revision Date: 07/01/14

Overview

This policy guide provides CSWs with information on how to process Informal Discovery Requests.

TABLE OF CONTENTS

Policy

Informal Discovery Requests

Procedure

Responding to an Informal Discovery Request

CSW Responsibilities

SCSW Responsibilities

Responding to an Informal Discovery Request Letter from the County Counsel

CSW Responsibilities

SCSW Responsibilities

Approvals

Helpful Links

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 04/10/09 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Informal Discovery Requests

The Children's Law Center (CLC) of Los Angeles and Los Angeles Dependency Lawyers (LADL) can serve the County Counsel with a letter to request an informal discovery when one of its attorneys is appointed by the court to represent a child.

• Discovery is a pre-trial procedure whereby counsel for one party seeks disclosure of material and information, which is in another party's possession or control.

• Informal discovery involves voluntarily disclosing information to the requesting party.  When the other party refuses to share such material or information, the requesting party can seek formal discovery via a court order to require the timely disclosure of the material and information.

PROCEDURE

Responding to an Informal Discovery Request

CSW Responsibilities

1. Upon receiving the informal discovery request, notify the County Counsel handling the child's case by telephone at (323) 526-6100 and/or e-mail by using the LA County E-mail Directory.

• Under no circumstances is DCFS staff to respond directly to the informal discovery request.  Refer to the appropriate policy guide for information on how to communicate with attorneys.

2. Follow the County Counsel's instructions on how to proceed.

3. Document all contacts with the Children's Law Center (CLC) of Los Angeles, the Los Angeles Dependency Lawyers (LADL), or the Alliance for Children's Rights attorney and the County Counsel in the Contact Notebook.

4. File all correspondences in the child's case file.

5. Consult with the SCSW, as needed.

SCSW Responsibilities

• Help the CSW, as needed.

Back to Procedure

Responding to an Informal Discovery Request Letter from the County Counsel

CSW Responsibilities

1. Follow the instructions detailed in the County Counsel's letter.

2. Contact the County Counsel who sent the letter if you have further questions.

3. Document all contacts with the County Counsel and all actions taken in the Contact Notebook.

4. File all correspondences in the case file.

5. Consult with the SCSW, as needed.

SCSW Responsibilities

• Help the CSW, as needed.

Back to Procedure

APPROVALS

None

HELPFUL LINKS

Referenced Policy Guides

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

Statutes

Evidence Code (EVID) Section 951 – Defines "client" as used in this article.

EVID Section 952 – Defines "confidential communication between client and lawyer"

EVID Section 953 – Defines "holder of the privilege"