letter from attorney to san diego schools regarding impact of greene v camreta (feb 2010)

8/7/2019 Letter from Attorney to San Diego Schools regarding impact of Greene v Camreta (Feb 2010)

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BEST BEST & KRIEGER

Arr0RNEYs AT lAWNDIAN WELLS RiVERS0E

(760)568-2611 655 West Broadway, 15th Floor (951)686-1450

— San Diego, California 92101 —R’v1NE SACRAMENTO

(949) 263 2600(619) 23361 1 8 F ax

(916) 325-4000

LOS ANGELES BBKIaw.com WALNUT CREEK

(213)617-8100 (925)977-3300

ONTARO

(909) 989-8584

William Wood Merrill(619) 525-1343

[email protected]

February 16, 2010

VIA U.S. MAIL AND E-MAIL

LorettaMiddleton

Sr. Director, Student Suppor t Services

San Diego County Office of Education

6401 Linda Vista Road

San Diego, California 92111

Re: Child Abuse Investigations on School Grounds under Green v. Camreta

Dear Ms. Middleton:

The San Diego County Office of Education (“SDCOE”) asked us to provide a legal

opinion regarding the impact of Greene v. Camreta (9th Cir. 2009) 588 F.3d 1011 (hereinafter

referred to as “Greene”), on the ability of social workers to conduct investigations into child

abuse allegations on school grounds under Penal Code, sect ion 11174.3.

QuEs1Ior. PiusENTED

Under Greene, may a representative from a government agency, such as a social worker,

conduct an interview of a student on school grounds , during school hours pursuant to Penal

Code, section 11174.3 without first obtaining a warrant or court order?

BRIEF ANSWER

No . Greene requires a representative from a government agency to obtain a warrant or

court order prior to interviewing a s tudent on s choo l g rounds during school hour s as part of achild abuse investigation, unless exigent circumstances exist such that obtaining warrant wouldresult in ser ious bodily injury to the child. The failure to obtain the warrant/court order willresult in a violation of the Fourth Amendment’s protection from unreasonable searches and

seizu res. While Penal Code, section 11174.3, requires a school to permit the governmentrepresentative to conduct such interviews, it does no t override the Fourth Amendment

protections requiring a warrant or court order. Therefore, a social worker or any otherrepresentative from a government agency must obta in a warrant or court order prior to seeking

an interview under Section 11174.3,



BEST BEST & KRIEGERATfORNEYS AT LAW

Loretta Middleton

February 16, 2010

in the letter no r the letter itself describes a situation wherein a social worker is permitted toconduct interviews without a warrant or court order.

Rather, the letter pertains to a topic dif ferent f rom Greene. It notifies t he schoo l that,

under Section 11174.3, the child may choose to have a staffmember present during an interview.More importantly , the social worker must inform the child of that r ight . Thus, in situations

where CW S has already obtained a court order or warrant, it would present this letter to the

school, along with the requisite warrant/court o rd er. The sch oo l can then ensure that the child

receives the protections provided for in Section 1174.3, such as having a staffmember present at

the interview if the child so chooses.

CONCLUSION

Under Greene, a representative from a government agency must obtain a warrant or courtorder prior to interviewing a student on school grounds in relation to a child abuse investigation.While Section 11174.3, requires a school to permit the government representative to conductsuch interviews, it does no t override the Fourth Amendment protections against unreasonablesearches or seizures. Therefore, a social worker or any other representative from a governmentagency must obtain a warrant or court order prior to seeking an interview under Section 11174.3.

The CW S letter may be presented by an authorized CW S official, along with a warrant or

court order, to remind school personnel th at the c hild has certain protections under section11174.3, including the r ight to have a staff member present during the interv iew. However, theCW S letter may not be used as a means to conduct an interview without first obtaining a warrantor court order.

/Sincøely,

/

William Wood Merrill

of BEST BEST & KRIEGER LLP

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letter from attorney to san diego schools regarding impact of greene v camreta (feb 2010)

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