Family Law Newsletter
| Publication year | 1978 |
| Pages | 968 |
| Citation | Vol. 7 No. 6 Pg. 968 |
1978, June, Pg. 968. Family Law Newsletter
It should be well known to practitioners in our juvenile courts that the usual physician-patient privilege does not exist in neglect and dependency cases resulting from a filing under the Child Protection Act of 1975, C.R.S. 1973, § 19-10-101, et seq. It is also equally accepted that the privilege does exist in similar cases other than under Article 10 of the Children's Code.
A recent ruling of the New York family court, Queens County, should be consulted for arguments that all neglect and dependency actions should give rise to the loss of that physician-patient privilege. The New York court weighed the public interest and the need to know against any injury to the patient and they concluded that since the court was charged with the duty to protect children from injury or mistreatment and to help safeguard their physical and emotional well-being, and that the family court proceeding was in the nature of a private proceeding, the physician-patient privilege was outweighed.
In using the argument for Colorado courts it must be remembered that juvenile court proceedings may be closed to the public and the records may be kept closed, thus minimizing the likelihood of a patient's medical information becoming a matter of public knowledge. In Re Doe Children, 3/31/78 4 FLR 2338.
The Illinois Supreme Court overturned a lower court ruling that evidence of events occurring prior to the entry of an agreed visitation order are barred by the doctrine of res judicata. The Supreme Court stated that material facts not made known to the court previously are admissible in both custody and visitation disputes where there is a claim that a child's health or life is endangered.
The evidence sought to be introduced by the father in his petition to modify visitation consisted of evidence of physical abuse of a child caused by a man with whom his former wife was still living.
The Court was primarily concerned with the best interests and welfare of the child and therefore the evidence should be admitted. Valencia v. Valencia, 4/3/78 4 FLR 2361.
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