psychologist-client privilege (Colorado) · Go Syfert
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psychologist-client privilege in Colorado

8 Colorado opinions name it 2 courts 1990–2004 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Clark v. District Court, Second Judicial District, City & County of Denvergreen
colo · 1983 · cited in 4 Colorado opinions naming this issue, 1990–1997
2 sentences

1997See also Clark v. District Court, 668 P.2d 3 (Colo.1983); B.B. v. People, supra. Reviewing the totality of the circumstances, we conclude that psychotherapy was not practiced by the psychologist and, therefore, that the psychologist-client privilege does not apply in this case.

1990In Clark v. District Court, 668 P.2d 3 (Colo.1983), we discussed the circumstances under which the physician-patient privilege and the psychologist-client privilege may be waived.

34
People v. District Court in & for the City & County of Denvergreen
colo · 1986 · cited in 3 Colorado opinions naming this issue, 1990–1997
2 sentences

1997The purpose of the psychologist-client privilege is identical to that of the physician-patient privilege, namely, to “enhance the effective diagnosis and treatment of illness by protecting the patient from the embarrassment and humiliation that might be caused by the [psychologist’s] disclosure of information imparted to him by the patient during the course of a consultation for purposes of [psychological] treatment.” People v. District Court, 719 P.2d 722, 724 (Colo.1986).

1996In view of the fact that the psychologist-client privilege is also designed to encourage a patient to seek counseling with the assurance that all communications will be kept confidential, see People v. District Court, 719 P.2d at 726 , a conclusion that section 19-3-311 negates the psychologist-client privilege for post-report therapeutic communication would be inconsistent with the legislature’s intent to shield a child victim from further harm.

23
Dill v. Peoplegreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004See Dill v. People, 927 P.2d 1315 (Colo.1996).

11
Rauschenberger v. Radetskygreen
colo · 1987 · cited in 1 Colorado opinions naming this issue, 1996–1996
1 sentence

1996See generally Rauschenberger v. Radetsky, supra. Moreover, respondent’s construction of § 13—90—107(1)(g) would mean that those professionals with the most recent and certainly the most extensive information regarding a person’s mental condition would be unable to share this information with the court in its attempt to determine whether the needs of the person require certification for treatment or discharge therefrom.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Dill green
coloctapp · 1995
2 sentences

1996The court of appeals also held that section 19-3-311(1), 8B C.R.S. (1996 Supp.), which abrogates the psychologist-client privilege as to communications between a victim and a psychologist that are the basis for a required report of child abuse under section 19-3-304, 8B C.R.S. (1996 Supp.), “does not concern communications relating to ongoing treatment of the victim.” Dill, 904 P.2d at 1371 .

1996The court of appeals also held that section 19-3-311(1), 8B C.R.S. (1996 Supp.), which abrogates the psychologist-client privilege as to communications between a victim and a psychologist that are the basis for a required report of child abuse under section 19-3-304, 8B C.R.S. (1996 Supp.), “does not concern communications relating to ongoing treatment of the victim.” Dill, 904 P.2d at 1371 .

11996–1996
People v. District Court, County of Adams green
colo · 1990
2 sentences

1996The record reveals that the probate court determined that the exception to § 13-90-107(1)(g) set forth in People v. District Court, supra, applied and precluded respondent from asserting the psychologist-client privilege at the hearing.

1996Accordingly, the probate court did not err in ruling that the exception to § 13-90-107(1)(g) set- forth in People v. District Court, supra, was applicable here to preclude respondent’s assertion of the psychologist-client privilege.

11996–1996
B.B. v. People green
colo · 1990
2 sentences

1993As in B.B., information obtained by Dr. Speigle "was not for purposes of diagnosing or treating [the mother] but rather to assist [the mother] in pending litigation, and thus was not within the psychologist-client privilege." B.B., 785 P.2d at 140 .

1993As in B.B., information obtained by Dr. Speigle “was not for purposes of diagnosing or treating [the mother] but rather to assist [the mother] in pending litigation, and thus was not within the psychologist-client privilege.” B.B., 785 P.2d at 140 .

11993–1993

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 13-90-107 (8) CO § Colo. Rev. Stat. § 19-3-311 (4) CO § Colo. Rev. Stat. § 19-3-304 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 14 (1986–2019) CO 8 (1990–2004) NY 7 (1978–2008) AZ 6 (1996–2022) WA 5 (1985–2020) TN 4 (2004–2017) HI 4 (1996–2017) KS 2 (1981–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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