Ace the California RDH Law & Ethics Exam 2026 – Smile Bright and Rule Right!

In situations involving a subpoena for a minor client's records, the best approach is to assert privilege until a guardian ad litem is appointed for the client. This is crucial because, in custody disputes, the minor's best interests are paramount, and having a guardian ad litem provides an independent advocate for the child. The guardian ad litem is tasked with representing the minor's interests in legal proceedings and can help determine whether it is appropriate to assert or waive the confidentiality of the records.

Under California law, minors typically cannot consent to the release of their confidential information without parental consent or an appointed legal representative. This is especially relevant when navigating the complexities of custody and the differing interests of parents; a guardian ad litem ensures that the minor's voice is considered in the decision-making process regarding their private information.

In contrast, contacting parents under whose authorization the client is treated could lead to conflicting interests as they may have opposing views regarding the release of information, thus complicating the situation further. Discussing the matter with both parents can lead to additional conflicts and potentially place the social worker in a difficult position regarding loyalty and confidentiality to the minor. Immediately releasing records to comply with the subpoena could undermine the minor's rights and privacy, as well as violate the ethical obligations