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SB 446

Creating an exception to certain mandatory reporting obligations for licensed social workers when working under the supervision of an attorney and permitting an attorney to require a licensed social worker to keep ethical obligations of attorney-client privilege while working under the supervision of such attorney.

2025-2026 Regular Session

SB 446 exempts attorney-supervised social workers from mandatory reporting laws to preserve attorney-client privilege, potentially limiting abuse disclosures to authorities.

Died in Committee
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Bill Summary · SB 446

Legislative bill overview

SB 446 creates a carve-out from mandatory reporting laws for licensed social workers who work under attorney supervision, allowing them to maintain attorney-client privilege rather than report certain disclosures. The bill permits attorneys to require social workers in their employ to treat communications as confidential under legal privilege protections.

Why is this important

This bill directly conflicts with existing mandatory reporting obligations—particularly for child abuse and neglect—which currently apply universally to licensed social workers regardless of employment context. The change could shield certain disclosures from reporting to authorities, potentially affecting child safety and other vulnerable populations depending on the scope of the exception.

Potential points of contention

  • Child safety concerns: Mandatory reporting laws exist specifically to protect vulnerable populations; carving out exceptions based on employment setting may compromise reporting of abuse or neglect
  • Scope ambiguity: The bill doesn't clearly define which reporting obligations are affected or under what circumstances the attorney-client privilege applies to communications involving third parties
  • Professional ethics tension: Licensed social workers have ethical codes emphasizing client protection and public safety; this creates potential conflicts between legal privilege and professional duties
  • Inequitable access: Only social workers employed by attorneys would receive this protection, creating disparate treatment based on employment type rather than situation type

Compiled from official sources — confirm details with the bill’s official record.

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