Hannah Hinman asked 5 years ago
Does your program discover documents CASAs acquire during their investigations to other parties? If so, how do you determine which documents to discover? And, how do you discover, ie a specific secure document share system?
Renee Buchanan answered 5 years ago
Greg Dalton Answered:
It’s not frequent, but when we do, we send through the OJD Secure File Transfer system.
Wendy Simer Answered:
We don’t very often either. Depending on size, I’ve sent them on a CD, in Google docs, or email. I’ve hand delivered some too.
Kari Rieck answered 5 years ago
We discover all our documents per statute 3 days before a review and 10 days prior to a perm. It is my understanding that since we are legal parties to the case, we are required to discover any documents we receive–I confirmed this with our AAG. One of the main reasons we do this is because if we reference any information in our court report all legal parties have the opportunity to challenge our report and have it not accepted into the court file if they have not had opportunity to see the documents. This hasn’t happened, but I don’t want to an advocate to experience that if it were to happen.
Hannah Hinman answered 5 years ago
One of our DHS branches has informed us they won’t discover for us, apparently per consultation with their AAG. (Although, that was the avenue our judge suggested we pursue.) My understanding is we only need to discover documents that we draw from within a court report or oral statements, not everything we have received. Kari- does that seem consistent with your understanding of statute?
Our OJD Secure Transfer account has now been updated to a Send/Receive account and we’re learning how to navigate it for discovery purposes.
Kari Rieck
replied 5 years ago My understanding and our process is that we discover all provider documents (medical, treatment, school records….). We only discover emails and texts if they are provider updates, if we reference them in reports (oral or written) or if from a parent or DHS that is relevant and we want other parties to know. The biggest issue we have right now is the disagreement between legal parties regarding who gets to see what. A parents attorney argues that the other parent and their attorney should not have discovery related to them. Others argue that all discovery goes to all parties. We are watching this and so far this has been directed at DHS. We discover to all parties at this time–all information equally. Hope that helps.
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It’s not frequent, but when we do, we send through the OJD Secure File Transfer system.
We don’t very often either. Depending on size, I’ve sent them on a CD, in Google docs, or email. I’ve hand delivered some too.
Rarely here too. We go through our local DHS office. They discover it to all parties from there.