New Jersey Statutes 45:15BB-13. Disclosure of confidential information by social worker
Terms Used In New Jersey Statutes 45:15BB-13
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
a. Disclosure is required by other State law;
b. Failure to disclose the information presents a clear and present danger to the health or safety of an individual;
c. The social worker is a party defendant to a civil, criminal or disciplinary action arising from the social work services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action;
d. The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant’s right to a compulsory process or the right to present testimony and witnesses on that person‘s behalf; or
e. A patient or client agrees to waive the privilege accorded by this section, and, in circumstances where more than one person in a family is receiving social work services, each such member agrees to the waiver. Absent a waiver from each family member, a social worker shall not disclose any information received from any family member.
L.1991,c.134,s.13.