Legal Opinion
L.A.N. ex rel. L.A.N. v. L.M.B.
Supreme Court of Colorado
Decided January 22, 2013No. 11SC529PublishedCited by 5 opinions
1Opinion of the CourtJustice Rice
T1 In this parental rights termination case, we hold that the guardian ad litem ("GAL") is in the best position to waive the child's psychotherapist-patient privilege in a dependency and neglect proceeding when: (1) the child is too young or otherwise incompetent to hold the privilege; (2) the child's interests are adverse to those of his or her parent(s); and (8) section 19-8-811, C.R.S. (2012), does not abrogate the privilege. We therefore affirm the court of appeals' holding that the GAL in this case held the child's ("L.A.N.'s") - psychotherapist-patient privilege.
T2 In addition, we hold…
2Cases cited16 opinions
- Jaffee v. RedmondSupreme Court of the United States · 1996
- Clark v. District Court, Second Judicial District, City & County of DenverSupreme Court of Colorado · 1983
- Klinger v. Adams County School District No. 50Supreme Court of Colorado · 2006
- People v. TaylorSupreme Court of Colorado · 1980
- People v. RomeroSupreme Court of Colorado · 1985
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3Cited by5 opinions
- in Interest of M.BColorado Court of Appeals · 2020
- People v. KaileySupreme Court of Colorado · 2014
- J. P., J. P., and J. P., and concerning J. L. M. and J. P. Rule Discharged en banc JUSTICE SAMOUR delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT JUSTICE MÁRQUEZ JUSTICE HOOD JUSTICE GABRIEL JUSTICE HARTSupreme Court of Colorado · 2023
- People in re C.W.B., JrColorado Court of Appeals · 2017
- Adolescent & Family Institute of Colorado, Inc. v. Colorado Department of Human Services, Division of Behavioral HealthColorado Court of Appeals · 2013