Case Summaries: Domestic Violence Shelters - Confidentiality

DV Shelter May Not Disclose Former Residents Address or Telephone Number To Grand Jury

The Court of Appeals ruled that a domestic violence shelter in Ohio may not be required to disclose the address or telephone number of a shelter resident or former resident. The Athens County Prosecuting Attorney had persuaded a grand jury to issue a subpoena against My Sisters Place shelter and its director, Kate McGuckin, in order to compel the disclosure of a domestic violence victims address and telephone number for purposes of prosecuting her abuser for felony domestic violence. The shelter moved to quash the subpoena, and the trial court granted the motion. On appeal by the prosecuting attorney, the court of appeals affirmed the trial court decision, holding that R.C. 3113.40 clearly and unambiguously prevents the disclosure of a former residents address and telephone number except where the information is being requested by a public children services agency pursuant to R.C. 2151.422. Since there was no contention in this case that children were involved or that the county prosecutor was acting on behalf of childrens services, the only statutory exception to confidentiality was not present and the former residents telephone number and address must remain confidential. In the Matter of a Grand Jury Subpoena Duces Tecum Directed to the Keeper of Records of My Sisters Place, Athens, Ohio 45701, 2002Ohio5600, Case No. 01CA55 (Athens, 4th App.Dist., 10/9/2002).

Keywords: confidentiality,privilege,backlash

Date: 11/7/2002