State Ex Rel. Juvenile Department v. Ashley

*171GRABER, J.

The principal issue in this case is whether the statutory psychotherapist-patient privilege applies to communications made during drug counseling. We conclude that the privilege does not apply. For the reasons discussed below, we reverse in part and remand the case to the Court of Appeals for further proceedings.

The state initiated a petition to terminate the parental rights of mother. ORS 419.523 (1987).1 At the time of the hearing, on May 10,1989, mother was incarcerated on forgery convictions. Mother admitted that she is dependent on controlled substances, but she testified that…