Does a psychotherapist have a duty to report suspected child abuse or neglect?

California, United States of America


The following excerpt is from People v. Garcia, 2 Cal.5th 792, 216 Cal.Rptr.3d 75, 391 P.3d 1153 (Cal. 2017):

Even without any waiver of the psychotherapist-patient privilege, the psychotherapist has a statutory duty to report suspected child abuse or neglect. ( 11165.7, subd. (a)(21); see generally People v. Stritzinger (1983) 34 Cal.3d 505, 512, 194 Cal.Rptr. 431, 668 P.2d 738.) The possibility that a probation officer or polygraph examiner might also qualify as a mandatory reporter does not materially alter the intrusion on a defendant's privacy.

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