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Juvenile's records not protected by counselor/client privilege

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The Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling records during a custody modification hearing, the Indiana Court of Appeals ruled today.

The trial court ruled that W.B.’s counseling records, which included his counselor’s notes, summaries, risk assessments, and status reports, were privileged and that no exception to the counselor/client privilege applied.

W.B. was adjudicated a delinquent after he admitted to a sexual battery charge against his sister A.B. A.B. and W.B. lived with their mother who had physical custody of the children after the mother and father divorced. When the father learned W.B. had touched his sister inappropriately, he reported it to Child Protective Services and A.B. moved in with her maternal grandparents due to a no-contact order between the siblings.

W.B. went to counseling, in which his social worker found he remained at a high risk to re-offend. W.B. was eventually discharged from treatment, his probation ended, and the no-contact order ended. A.B. moved back in to live with her mother and brother. That’s when the father petitioned for modification of custody seeking physical custody of A.B. due to the threat of potential molestations by W.B.

The trial court denied father’s petition to modify custody, finding A.B. is older and in school, and while the charges are substantial, they aren’t enough to modify custody.

The counselor/client privilege is set forth in Indiana Code Section 25-23.6-6-1, but it is subject to exceptions. I.C. Section 31-32-11-1 abrogates the privilege in proceedings resulting from reports of child abuse.

“The statute has been applied for the most part in criminal prosecutions,” Judge Nancy Vaidik wrote in J.B. v. E.B. No.34A04-1002-DR-110. “But Section 31-32-11-1 is worded broadly and abrogates the enumerated privileges in ‘any judicial proceeding’ resulting from a report of child abuse or ‘relating to the subject matter of the report.’”   

A.B. reported that her brother touched her inappropriately, which led to W.B.’s delinquency proceedings and the father’s petition to modify custody. He wants to prevent further abuse of A.B., and the privileged information concerns the brother’s potential to re-offend.

“In line with the foregoing, we conclude that the instant case is a proceeding within the purview of Section 31-32-11-1 and in which the counselor/client privilege does not apply,” she wrote. “We therefore find the trial court erred in excluding W.B.’s counseling records on the basis of privilege. We also cannot say the error was harmless, given the content of W.B.’s counseling records and the limited grounds on which the trial court based its ruling.”

The case was remanded for further proceedings.
 

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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