CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Exceptions
............Molestation of Minor
8 Cards On This Topic:

No privilege if patient under age of 16 and psychotherapist believes patient has been V of crime and that disclosure is in child's best interest.

Public release of accused Friars' psych. records proper where compelling social interests in protecting Cs from molestation outweighed Friars' privacy rights; psychotherapist-patient privilege did not preclude disclosure.

Psychotherapist-patient privilege outweighs D's right to call V's therapist to testify as to truth of child-victim's molestation accusations.

D's confrontation right overcomes child's psychotherapist-patient privilege. D permitted to cross-examine child and therapist on statements contained in molestation report.

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

Names of members of minor V's therapy group are confidential.

Once psychotherapist reports sexual molestation of minor to police, obligation met; privilege reattaches to all further communications.

By voluntarily turning over psychiatrist's report and not objecting to DA's using it during cross, D waived claim of violation of work product, attorney-client, psychotherapist-patient privileges, and that against self-incrimination.