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Minutes for SB128 - Committee on Judiciary
Short Title
Creating an exception to certain mandatory reporting obligations for licensed social workers when working under the supervision of an attorney and permitting an attorney to require a licensed social worker to keep ethical obligations of attorney-client privilege while working under the supervision of such attorney.
Minutes Content for Tue, Feb 11, 2025
Chairwoman Warren opened the hearing on SB128.
Chris Waggoner, Revisor's Office, gave an overview of the bill and stood for questions. (Attachment 4)
Heather Cessna, Executive Director, Kansas State Board of Indigents' Defense Services, provided testimony in support of the bill. She stated the benefits of having social workers on legal teams are significant. SB128 will allow BIDS to provide more effective, client-centered services to the individuals we represent. (Attachment 5)
Karen Leve, Assistant Director of Special Projects, Kansas State Board of Indigents' Defense Services supports this bill. She states the attorney-client privilege exists to encourage full disclosure from clients so that they can get the best possible legal advice without fear of the information being used against them or told to others. Social workers on a legal team share that goal but are limited in their ability to engage in this full disclosure because of their obligation to report. Putting such stringent bounds on the legal team's relationship with the client disrupts the foundation of the attorney-client relationship. (Attachment 6)
James Pratt, Attorney, Pratt Law LLC, provided testimony in support of the bill. He states a licensed social worker who enjoys the same privileged and confidential relationship with the defendant as the attorney would open up opportunities for both. (Attachment 7)
Melody Brannon, Federal Public Defender, provided testimony in support of the bill. She states this bill creates a narrow exception to the mandatory reporting law that will allow licensed social workers to work effectively in public defense as well as other legal arenas. (Attachment 8)
Noel O'Neil, LMSW, Kansas Federal Public Defender - Mitigation Specialist testimony in support of this bill. This bill will enable us to address concerning situations collaboratively with attorneys to determine the most appropriate course of action, while maintaining the confidentiality essential to effect representation. (Attachment 9)
Michelle Ewert, Director of the Washburn Law Clinic, provided testified in support of this bill. She said studies have documented the positive impact of case workers' involvement in legal cases. (Attachment 10)
Courtney Ellis, Midwest Innocence Project, Social Worker, provided testimony in support of the bill. She urges support of SB128 and affirm the critical role of attorney-supervised social work in advancing justice and public safety. (Attachment 11)
Written only testimony in support of SB128 was submitted by the following:
- Becky Fast, MPA, LCSW, KS Chapter Executive Director, National Association of Social Workers, (NASW) (Attachment 12)
- Tim Davis, PhD, LSCSW (Attachment 13)
Proponents stood for questions and further information.
No further conferees.
Chairwoman Warren closed the hearing on SB128.
