California RDH Law and Ethics Exam Complete Practice Test

Question: 1 / 400

Under what condition would a social worker provide a digitally recorded session to the court in case of a subpoena?

Client signed a release to record a session

Client signed a waiver of privilege for records

The correct answer involves the client signing a waiver of privilege for records. In legal terms, privilege refers to the special legal right that protects certain communications from being disclosed in a court setting. In the context of social work, client confidentiality is paramount, and privileged communications are protected to foster trust and openness in therapy.

When a social worker is served with a subpoena and the court asks for evidence, they must ensure that the disclosure of any recorded session adheres to the legal and ethical obligations surrounding client confidentiality. If a client has signed a waiver of privilege, it means that they have explicitly allowed for the possibility of their communications being disclosed in a legal context. This waiver acts as permission for the social worker to provide the recorded session to the court without violating confidentiality, thus fulfilling their legal obligation to comply with the subpoena.

The other options, while related to client consent, do not directly address the legal requirements for disclosing recorded information under a subpoena. Simply having a client sign a release or consent regarding recording does not necessarily equate to waiving privilege, which is a crucial component in legal contexts. Therefore, the act of waiving privilege specifically empowers the social worker to adhere to the court’s request while remaining compliant with ethical standards.

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Client signed a consent form allowing session to be videotaped

Digital recording must be disclosed with any subpoena

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