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Discovery of CAC/MDT Notes, Reviews, etc. in child abuse cases Login/Join 
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I am starting to get defense attorneys requesting all this information in discovery motions about the local Children's Advocacy Center. They want:

1. copies of the agenda, sign in sheet, and everyone's notes from when a case was discussed at MDT

2. any notes kept by the CAC on a case

3. copy of memorandum of understanding between DA's office and CAC

4. the reviews conducted by CAC of Texas of the local center where they note any "deficiencies" in the operation of the center

Anyone had to deal with defense attorneys asking for this stuff before? How did you respond? Is there any case law out there? Is this stuff "material" under 39.14? Thanks!
 
Posts: 35 | Location: Nueces County | Registered: May 15, 2015Reply With QuoteReport This Post
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Isn't there a post-conviction case pending in your county involving those same issues?
 
Posts: 2423 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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There will be - trial court hasn't ruled on that yet. It was in a motion for new trial. Same defense attorney, of course, but this is now on a case pending for trial.
 
Posts: 35 | Location: Nueces County | Registered: May 15, 2015Reply With QuoteReport This Post
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I would certainly take a look at Section 264.408 of the Family Code which may speak to some of the information requested. In addition, because CPS is often involved as a member of the CAC multi-disciplinary team and utilizes CAC services, there may also be other child abuse investigation confidentiality statutes that come into play. I think the question you ask about materiality is a good one as well. At a minimum, you may consider having a hearing before your judge and making the defense show materiality of the information requested under CCP 39.14. If the judge rules against you, you can consider a mandamus action as well. In addition, you might want to reach out to CACTX in Austin for their input and assistance if you haven't already done this.
 
Posts: 293 | Registered: April 03, 2001Reply With QuoteReport This Post
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