CWES Fraud Referrals - Defense Attorney Requests

Overview

The policy of the SIU in criminal welfare fraud cases is to provide the defendant with early and complete discovery (information) of all matters pertaining to the criminal action. The policies and procedures specified in this section have been developed in order to facilitate that process and to ensure that:

• The client’s defense attorney has full and complete access to pertinent information, AND
• Any confidential material (e.g. identity of informants, medical history, such as ancillary services used) contained in the case record is not released inappropriately.

These policies and procedures apply to defense discovery requests ONLY and in no way impact a client’s right to access their case record through their CWES Worker.

Definitions

“Defense Attorneys” include attorneys in private practice and the attorneys in the Office of the Public Defender and the Alternate Defender who represents the defendant.

A defense discovery request is a request received from a defense attorney to access a defendant’s case record after a criminal complaint for welfare fraud has been filed.

Requirements of Defense Request

If you are contacted by the client’s defense attorney who is requesting information from a case record, refer him/her to the Custodian of Records. If the attorney states he has written permission from the client to review his/her case, this MUST be done through the Custodian of Records.

If you have any contact from any attorney, there cannot be any acknowledgment of the client or his/her circumstances. Welfare and Institutions Code Section 10850 and the State of California Manual of Policies and Procedures, Division 19 protects the confidentiality of all case records. Refer to Common Pace Handbook, Chapter 42.