Certain privileges not grounds for excluding evidence in court proceedings on child abuse
Source:
Section 419B.040 — Certain privileges not grounds for excluding evidence in court proceedings on child abuse, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
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)
Up to date