Admissibility in Care and Protection (CP) case

Family Treatment Court (FTC)-related information is generally protected, but if a participant waives confidentiality, its admissibility is subject to evidence rules and case law, while FTC staff cannot be subpoenaed, and participants cannot be questioned on FTC-specific details unless they waive protection.

1. The admissibility of any item discovered pursuant to a Participant’s waiver of the FTC prohibition against discovery is subject to the rules of evidence and relevant caselaw.
2. The admissibility of substance use screening records is subject to the rules of evidence and relevant case law.
3. Neither the FTC Coordinator nor FTC Clinician will be subject to subpoena and required to testify.
4. A Participant subject to direct or cross examination in a CP case may be asked about topics related to FTC, but not cross-examined or impeached using specific information obtainable directly from the FTC, unless they have specifically waived the protection from discoverability.
5. A Participant subject to direct or cross examination in a CP case may be required to testify regarding FTC-related information that is independently discoverable and/or admissible.

Last updated:	January 1, 2024