Monday, October 15, 2012

child abuse - expungement - privilege - 23 Pa. C.S. 6381(c)

T.D. v. DPW – October 11, 2012 – Commonwealth Court

Secion 6381(c) of the Child Protective Services Law, setting out rules for privileged communications in child abuse cases, pre-empts all other privilege statutes.

Sec. 6381(c) says that

(c) Privileged communications. – Except for privileged communications between a lawyer and a client and between a minister and penitent, a privilege of confidential communication between husband and wife or between any professional person, including but not limited to, physicians, psychologists, counselors, employees of hospitals, clinics, day-care centers and schools and their patients or clients, shall not constitute grounds for excluding evidence at any proceeding regarding child abuse or the cause of child abuse. [emphasis added]

Accrord, B.K. v. Department of Public Welfare, 36 A.3d 649 (Pa. Cmwlth. 2012).