Juvenile Code: Dependency

ORS 419B.040
Certain privileges not grounds for excluding evidence in court proceedings on child abuse

(1)

In the case of abuse of a child, the privileges created in ORS 40.230 (Rule 504) to 40.255 (Rule 505), including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding a child’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information).

(2)

In any judicial proceedings resulting from a report made pursuant to ORS 419B.010 (Duty of officials to report child abuse) to 419B.050 (Authority of health care provider to disclose information), either spouse shall be a competent and compellable witness against the other. [1993 c.546 §21; 2009 c.442 §37; 2015 c.629 §49]

Notes of Decisions

Under former similar statute

Marital communications privilege is statutorily abrogated in criminal prosecutions involving child abuse. State v. Suttles, 287 Or 15, 597 P2d 786 (1979)

A court has no authority to direct commencement of termination of parental right proceedings. State ex rel Juv. Dept. v. H.B.D., 55 Or App 912, 640 P2d 660 (1982)

Statutory exception to psychotherapist-patient privilege for “evidence regarding a child’s abuse, or the cause thereof,” applies in criminal proceedings to both exculpatory and incriminating evidence. State v. Hansen, 304 Or 169, 743 P2d 157 (1987)

In general

Listed privileges are abrogated for all judicial proceedings, including proceedings against person who could otherwise claim privilege. State ex rel Juvenile Dept. v. Spencer, 198 Or App 599, 108 P3d 1189 (2005)

Where defendant, charged with sexual abuse, sought records detailing Department of Human Services involvement with victim and victim’s placement in foster care, which predated alleged sexual abuse, this section does not require pretrial release of those records. State v. Wixom, 275 Or App 824, 366 P3d 353 (2015), Sup Ct review denied

LAW REVIEW CITATIONS

Under former similar statute

57 OLR 444 (1978)

Source

Last accessed
May 26, 2023

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