I was a victim of DV last month. This triggered a DCFS investigation. This was the first time my kids had ever been exposed and while the abuse was entirely unacceptable, it was not an extreme situation (small bruises, nothing severe). That person has been removed from my home and a restraining order placed on them. This DCFS worker had repeatedly lied and twisted information in our phone conversations and I felt very uneasy with her. Though I've been exposed to COVID-19 and have symptoms, she still insisted on coming to my home. I obliged but felt even more-so this woman is untrustworthy. My building has signs stating it's under surveillance and I have a card under my doorbell that states my home is under audio and video surveillance. I told her explicitly she did not have my permission to go to my kids' schools or my therapist and did not sign the release forms (they are actually still here). She immediately went to my therapist with a forged release and then lied about what my therapist shared with her (my therapist has written a letter refuting the DCFS worker's claims). I want her and the department held accountable- can I use the recordings to prove her lies?
From what you told us, I don't think that you were engaged in a "confidential communication" for purposes of Penal Code section 632. The statute says "For the purposes of this section, 'confidential communication' means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded." Because of the sign under your doorbell, I think the DCFS worker should reasonably expect to be recorded. Therefore, not confidential communication.
