CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Exceptions
............Molestation of Minor
9 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.

Sex offender-probationer's required waiver of psychotherapist-patient privilege as part of his participation in sex offender management program does not violate his right to privacy and is not unconstitutional.

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.