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Missouri Revised Statutes

Mo. Rev. Stat. § 210.140 (2026)

Privileged communication not recognized, exception

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  210.140.  Privileged communication not recognized, exception. — Any legally recognized privileged communication, except that between attorney and client or involving communications made to a minister or clergyperson, shall not apply to situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required or permitted by sections 210.110 to 210.165, to cooperate with the division in any of its activities pursuant to sections 210.110 to 210.165, or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.

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(L. 1975 H.B. 578 § 7, A.L. 1980 S.B. 574, A.L. 2001 S.B. 267)

Notes of Decisions
Cited in 22 cases, 1981–2009 · leading case: State ex rel. Hope House, Inc. v. Merrigan, 133 S.W.3d 44 (Mo. 2004).
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State ex rel. Hope House, Inc. v. Merrigan, 133 S.W.3d 44 (Mo. 2004). · cites it 86× “220, which establishes strict confidentiality requirements to safeguard the identity and location of shelter residents, is subject to the limitation on privileged communications set forth in section 210.140. [1] Section 210.140 provides that "any legally recognized privileged…”
State ex rel. D.M. v. Hoester, 681 S.W.2d 449 (Mo. 1984). · cites it 9× “Respondent argued that § 210.140, RSMo Cum.Supp.1983, 2 rendered inapplicable or suspended the privilege in such case.”
Seyler v. Seyler, 201 S.W.3d 57 (Mo. Ct. App. 2006). · cites it 16× “Section 210.140 is a tool provided by the legislature to assist the trial court in making a sound and prudent judgment in its duty to ascertain the best interests of the child in situations involving known or suspected child abuse or neglect.”
Fierstein v. DePaul Health Ctr., 24 S.W.3d 220 (Mo. Ct. App. 2000). · cites it 13× “For its second argument, DePaul contends plaintiff failed to prove not only that its release of the medical records four days before the deposition caused her emotional distress, but also that she would not have suffered the identical distress and humiliation when the records…”
Roth v. Roth, 793 S.W.2d 590 (Mo. Ct. App. 1990). · cites it 12× “However, the Stussie court did not have the benefit of Section 210.140 RSMo (1983), and the Supreme Court’s interpretation of that statute in State ex rel.”
State ex rel. O'Blennis v. Adolf, 691 S.W.2d 498 (Mo. Ct. App. 1985). · cites it 4× “The daughter argued that § 210.140, RSMo Cum.Supp.1983 suspended the privilege or made it inapplicable in this case.”
State v. Ward, 745 S.W.2d 666 (Mo. 1988). · cites it 3× “Section 210.140, RSMo 1986. 3 This statute would cover the *670 statement made by appellant to Ms.”
State v. Russell, 872 S.W.2d 866 (Mo. Ct. App. 1994). · cites it 5× “However, as Defendant himself points out, § 210.140 provides that in some instances privileged communications, even those between a physician and a patient, are not protected.”
State v. Talley, 258 S.W.3d 899 (Mo. Ct. App. 2008). · cites it 5× “Specifically, Defendant argues that the admission of these records violated the physician-patient privilege, his right to confront the witnesses against him, and the requirements of section 210.140, RSMo Cum.Supp. 2001. It is worth noting that Defendant has not fully complied…”
State v. Ermatinger, 752 S.W.2d 344 (Mo. Ct. App. 1988). · cites it 8× “The appellant’s argument is based on § 210.140 RSMo 1986, which provides: any legally recognized privileged communication, except that between attorney and client, shall not apply to situations involving known or suspected child abuse or neglect and shall not constitute grounds…”
Pilger v. Pilger, 972 S.W.2d 628 (Mo. Ct. App. 1998). · cites it 6× “That privilege, however, has been vitiated by § 210.140, RSMo 1994, which states: Any legally recognized privileged communication, except that between attorney and client, shall not apply to situations involving known or suspected child abuse or neglect and shall not constitute…”
In Interest of SJ, 849 S.W.2d 608 (Mo. Ct. App. 1993). · cites it 5× “" Section 210.140 provides: Any legally recognized privileged communication, except that between attorney and client, shall not apply to situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required or permitted…”
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