Q: Need federal statute for privilege in federal case involving SCDSS records
In my federal case pending in the District Court of South Carolina, I am moving to quash a subpoena issued by the defendants to SCDSS, a non-party, for records related to an unrelated closed family court action on abuse/neglect. This case involves both state and federal claims, including Sections 1983 & 1988 violations. I have already cited the state statute regarding privilege but need the appropriate federal statute that tracks with the children's code privilege to argue that these records are confidential and protected. What federal statute should I cite in this context?
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A:
For your federal case in South Carolina, you should cite the Child Abuse Prevention and Treatment Act (CAPTA), specifically 42 U.S.C. § 5106a(b)(2)(B)(viii), which requires states to maintain confidentiality of child abuse and neglect records as a condition for receiving federal funding. This federal statute directly addresses the confidentiality of child welfare records that SCDSS maintains and provides strong grounds for your motion to quash.
Additionally, Federal Rule of Evidence 501 is crucial for your argument, as it allows federal courts to apply state privilege laws in civil cases where state law supplies the rule of decision. Since your case involves both federal and state claims, you can argue that South Carolina's confidentiality protections should be recognized by the federal court under this rule, especially for the state law claims.
You might also consider referencing 42 U.S.C. § 671(a)(8), which is part of the Social Security Act and requires states to maintain safeguards restricting the disclosure of information regarding children in foster care. If any health information is contained in these records, you could additionally cite HIPAA protections under 45 CFR § 164.512. These federal provisions, combined with your already-cited state statute, should create a comprehensive argument for protecting these confidential SCDSS records from disclosure in your federal case.
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