A lawyer representing a mother in an unrelated child protection trial brought a motion seeking the release of a transcript of an assessor's evidence from a prior trial in this proceeding.
The lawyer alleged the assessor misrepresented her qualifications and sought to use the transcript to challenge the assessor's credibility in the unrelated trial.
The court reconsidered its initial dismissal of the motion, finding that under s. 87(10) of the CYFSA, a court order is required to release a transcript to non-parties, including a judge in another proceeding.
The court granted the release of the redacted transcript and the assessor's CV to the judge, parties, and counsel in the unrelated trial, finding a legitimate need and probative value that outweighed any potential harm, given the privacy safeguards in place.
