CHILDREN AND THE LAW
...Evidentiary Issues
......Privileges-Discovery
.........Discovery; Privilege; Confrontation
10 Cards On This Topic:

Right of confrontation paramount over policy of protecting juvenile offender. Pretrial discovery of juvenile record improperly denied.

Refusal to grant pretrial discovery of CPS agency records re D’s alleged sexual molestation not 6th Amend. confrontation right denial, but due process requires in camera review of records sought.

Evid. Code §1045 (b)(2) applies in juvenile, as well as adult proceedings: Same considerations operate to protect confidentiality of peace officer personnel records.

Court abused discretion by not holding in camera review of forensic/investigative evidence requested by party to dependency action before ruling on sheriff's motion to quash SDTs.

Child’s psychiatric and medical records may be discovered to determine if relevant on issue of competence as witness.

Evid. Code §1014 protects M’s mental records from disclosure, unless privilege waived, exception applies, or good cause showing made; in camera review procedure if showing made.

D’s confrontation right overcomes child’s psychotherapist-patient privilege. D’s discovery request of child’s psychiatric records improperly denied.

Proper procedure to follow in weighing victim’s psychotherapist-patient privilege against D’s right of confrontation.

Names of members of minor victim’s therapy group are confidential.

Discovery of sealed records of juvenile proceedings.