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PA Bulletin, Doc. No. 01-1554

THE COURTS

DAUPHIN COUNTY

Promulgation of Dauph.R.Crim.P. 573; No. 461 M.D. 2001

[31 Pa.B. 4642]

Order

   And Now, this 7th day of August, 2001, Dauphin County Local Rule of Criminal Procedure 573 is promulgated as follows:

Discovery in Child Abuse/Assault Cases

   Pursuant to the Juvenile Act, 42 Pa.C.S. § 6307, and the Child Protective Services Law, 23 Pa.C.S. § 6840, any party to litigation seeking discovery of confidential reports and records of Dauphin County Social Services for Children and Youth (Child Protective Service Agency) shall file a petition for a Show Cause Order stating with particularity the scope, necessity and authority for the discovery sought.

   The petition and rule shall be served on any adverse party, on the Dauphin County Children and Youth Agency, and on the guardian ad litem (if any) for the child.

   Any objection must identify that portion of the reports or records sought to be withheld and state with particularity any privilege asserted thereto.

   Thereafter, the court shall either a) schedule a hearing on the motion; or b) schedule an in-camera conference; or c) issue an order based on the averments in the motion and in any response filed thereto.

Comments:

   Nothing in this rule shall preclude a party from filing a motion for a protective order.

   Certain privileges are absolute and are not overcome by a defendant's Sixth Amendment right to cross-examine a witness or to due process of law. Examples of the foregoing are:

*  Domestic Violence Advocate/Counselor
23 Pa.C.S. § 6116; V.B.T. v. Family Services of Western
Pa., 705 A.2d 1325 (Pa. Super. 1998).

*  Sexual Assault Counselor Privilege
42 Pa.C.S. § 5945; Commonwealth v. Wilson,
602 A.2d 1290 (Pa. 1992).

*  Psychotherapist Privilege
42 Pa.C.S. § 5944; Commonwealth v. Counterman,
719 A.2d 284 (Pa. 1998).

   This amendment shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

JOSEPH H. KLEINFELTER,   
President Judge

[Pa.B. Doc. No. 01-1554. Filed for public inspection August 24, 2001, 9:00 a.m.]


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