ASWB Clinical Practice Exam 2025 – Complete Study Resource

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A social worker receives a subpoena for a former client's records. What is the FIRST step to take?

Respond to the court claiming privilege

When a social worker receives a subpoena for a former client's records, the first step is to respond to the court claiming privilege. This is crucial because confidentiality is a cornerstone of the therapeutic relationship, and social workers have an obligation to protect client information.

Claiming privilege allows the social worker to formally assert that the records are confidential and that their release could harm the client’s interests. This legal protection helps ensure that the social worker has a legitimate opportunity to argue against the release of the records in court, especially if there is a risk to the client's well-being or if the information pertains to sensitive therapeutic discussions.

This process is important as there may be circumstances in which responding to the subpoena immediately or providing the records could compromise the client's confidentiality rights. Taking the time to challenge the subpoena legally can provide the social worker with the necessary support to ensure that client privacy is respected, balancing ethical responsibilities with legal demands.

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Provide the record in compliance with the request

Send the subpoena to the client for their response

Ignore the subpoena due to confidentiality concerns

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