Guam § 26 - Human Trafficking Victin-Caseworker Privelege.

§ 26. Human Trafficking Victin-Caseworker Privelege.

(a) A trafficking victim, whether or not a party to the action,

has a privilege to refuse to disclose, and to prevent another from

disclosing, a confidential communication between the victim and

a human trafficking caseworker if the privilege is claimed by any

of the following persons:

(1) the holder of the privilege;

(2) a person who is authorized to claim the privilege by

the holder of the privilege; or

(3) the person who was the human trafficking

caseworker at the time of the confidential communication.

However, that person may not claim the privilege if there is

no holder of the privilege in existence or if he or she is

otherwise instructed by a person authorized to permit

disclosure. The human trafficking caseworker who received

or made a communication subject to the privilege granted

by this article shall claim the privilege whenever he or she

is present when the communication is sought to be disclosed

and he or she is authorized to claim the privilege under this

section.

(b) A human trafficking caseworker shall inform a

trafficking victim of any applicable limitations on confidentiality

of communications between the victim and the caseworker. This

information may be given orally.

(c) As used in this article, “human trafficking caseworker”

means a person who is employed by any organization whether

financially compensated or not, for the purpose of rendering

advice or assistance to victims of human trafficking, who has

received specialized training in the counseling of victims of

trafficking in persons, and who meets one of the following

requirements:

(1) holds a bachelor’s degree or higher in counseling or

a related field; or has one year of counseling experience, at

least six months of which is in the counseling of victims of

trafficking in persons; or

(2) has at least 40 hours of training as specified in this

paragraph and is supervised by an individual who qualifies

as a counselor under subparagraph (1) or by a

psychotherapist. The training, supervised by a person

qualified under subparagraph (1), shall include, but need not

be limited to, the following areas: history of human

trafficking, civil and criminal law as it relates to human

trafficking, societal attitudes towards human trafficking,

peer counseling techniques, housing, public assistance and

other financial resources available to meet the financial

needs of trafficking victims, and referral services available

to trafficking victims. A portion of this training must

include an explanation of privileged communication.

(d) As used in this article, “confidential communication”

means information transmitted between the victim and the

caseworker in the course of their relationship and in confidence

by a means which, so far as the victim is aware, discloses the

information to no third persons other than those who are present

to further the interests of the victim in the consultation or those

to whom disclosures are reasonably necessary for the

transmission of the information or an accomplishment of the

purposes for which the human trafficking counselor is consulted.

It includes all information regarding the facts and circumstances

involving all incidences of human trafficking.

(e) As used in this article, “holder of the privilege” means

the victim when he or she has no guardian or conservator, or a

guardian or conservator of the victim when the victim has a

guardian or conservator.