Maine Revised Statutes Title 22 Sec. 4015 – Privileged or confidential communications
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Terms Used In Maine Revised Statutes Title 22 Sec. 4015
- Child protection proceeding: means a proceeding on a child protection petition under subchapter VI, a subsequent proceeding to review or modify a case disposition under section 4038, an appeal under section 4006, a proceeding on a termination petition under subchapter VI, or a proceeding on a medical treatment petition under subchapter VIII. See Maine Revised Statutes Title 22 Sec. 4002
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Licensed mental health professional: means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker. See Maine Revised Statutes Title 22 Sec. 4002
The husband-wife and physician and psychotherapist-patient privileges under the Maine Rules of Evidence and the confidential quality of communication under Title 16, section 53?B; Title 20?A, sections 4008 and 6001, to the extent allowed by applicable federal law; Title 24?A, section 4224; Title 32, sections 7005 and 18393; and Title 34?B, section 1207, are abrogated in relation to required reporting, cooperating with the department or a guardian ad litem in an investigation or other child protective activity or giving evidence in a child protection proceeding. Information released to the department pursuant to this section must be kept confidential and may not be disclosed by the department except as provided in section 4008. [PL 2015, c. 429, §7 (AMD).]
Statements made to a licensed mental health professional in the course of counseling, therapy or evaluation where the privilege is abrogated under this section may not be used against the client in a criminal proceeding. Nothing in this section may limit any responsibilities of the professional pursuant to this Act. [PL 2001, c. 696, §22 (AMD).]
SECTION HISTORY
PL 1979, c. 733, §18 (NEW). PL 1981, c. 211, §1 (AMD). PL 1983, c. 781, §2 (AMD). PL 1985, c. 495, §21 (AMD). PL 2001, c. 696, §22 (AMD). PL 2015, c. 429, §7 (AMD).