[DOWNLOAD] "Matter C.P. a Child Alleged to Be a" by Supreme Court of Indiana No. 52S04-9012-JV-781 * Book PDF Kindle ePub Free
eBook details
- Title: Matter C.P. a Child Alleged to Be a
- Author : Supreme Court of Indiana No. 52S04-9012-JV-781
- Release Date : January 13, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The question is whether patient communications to a counselor who is supervised by a psychiatrist fall within the doctor-patient
privilege. We hold that a counselor who aids the psychiatrist is covered by the privilege. By contrast, a counselor who is
in fact the caregiver and acts largely independently is not an adjunct to the psychiatrist and thus is not covered by the
privilege. This dispute arose after the State of Indiana filed a delinquency petition concerning C.P., a sixteen year old girl, alleging
habitual disobedience, frequently called incorrigibility. Ind. Code § 31-6-4-1(a)(4) (West Supp. 1990). C.P.'s mother
was the complaining witness; it was she who executed a consent to disclose confidential information relating to treatment
C.P. had received at the Four-County Counseling Center. The trial court appointed an attorney as pauper counsel and guardian
ad litem. C.P. denied the incorrigibility charge, and the court held a fact-finding hearing. The State called as a witness
Mark Brown, a social worker from the community mental health center. Brown had provided therapy, diagnosis and treatment to
C.P. the previous year. C.P. objected to Brown's testimony, asserting the physician-patient privilege. C.P. also objected
to the introduction of her records from the mental health center, raising three grounds: the physician-patient privilege,
hearsay, and invalidity of the consent given by C.P.'s mother. The trial court overruled the objections. C.P. requested certification
of these questions for interlocutory appeal. The trial court certified the questions concerning admissibility of Brown's testimony
and of the records and stayed its proceedings pending appeal.