In The Interest Of J. N., A Child (Mother)
In a Georgia dependency proceeding, the mother sought discovery from the Department of Family and Children Services. The child’s guardian ad litem, who might also have served as the child’s attorney, obtained a blanket protective order shielding the guardian’s entire file. The mother appealed through an interlocutory application. The Georgia Court of Appeals held that the juvenile court could not protect the entire file without examining which materials were privileged or confidential. The governing dependency statutes require a guardian ad litem to investigate the child’s best interests and keep investigative materials confidential, but they do not create an absolute privilege. Portions of the file might also be protected by attorney-client privilege or the work-product doctrine if the guardian was acting as the child’s attorney. The court held that automatic disclosure was equally improper and remanded for the juvenile court to determine which materials should be withheld, limited, or disclosed under the statutory discovery framework. It vacated the blanket protective order.
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