CHILDREN AND THE LAW
...Evidentiary Issues
......Privileges-Discovery
.........Psychotherapist-Patient
............Dependency Matters
 9 Cards On This Topic:
  • Invocation and waiver or evidentiary privileges in dependency matters.
  • Under P/T-patient privilege, error to disclose mother's psych. records to CFS and admit them at hearing—CFS could not seek disclosure of the records to itself, rather than court, to prove its jurisdictional case.
  • Holder of psychotherapist-patient privilege determined at time the disclosure of confidential communications is sought to be introduced in evidence—as Cs' atty appointed before F sought disclosure atty held privilege.
  • Juvenile ct. did not improperly exclude C's therapist's hrg statements nor limit her trial testimony based on psychotherapist-patient privilege where C herself invoked privilege and it was never forfeited.
  • No abuse of discretion in disallowing stmts of Cs' therapist, which did not include abuse, where therapy took place before dependency proceedings began and focus not on reactions to F's parenting or alleged abuse.
  • Secret bonding study obtained by mother’s attorney is discoverable work product not coming within scope of psychotherapist-patient privilege.
  • Psychotherapist-patient privilege protects M's confidential communications, but does not preclude therapist from giving limited info to accomplish information-gathering goal of therapy.
  • Despite psychotherapist- patient privilege, court should have allowed M's therapist to divulge limited information on which decision on conjoint therapy or visitation could be based.
  • Testimony of physician and social worker not privileged under Welf. & Inst. Code §10850.


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