Psychotherapist-Patient Privilege Violation in Act 21 Proceedings

[摘要] psychotherapist-patient privilegeharmless error doctrinesexual violenceredactAct 21Harmless Error Doctrine Not Applicable to Violation of Psychotherapist-Patient Privilege in Act 21 CaseIn In the Interest of J.M.G., 229 A.3d 571 (Pa. 2020), the Supreme Court of Pennsylvania examined the superior court's ruling in an Act 21 case, which involves potential civil commitment for 20-year-old individuals residing in institutional placements who have been adjudicated delinquent for sexually violent behaviors. J.M.G.'s records submitted to the Sexual Offender Assessment Board (SOAB) were not properly redacted and included incriminating statements made for treatment purposes. The trial court determined that J.M.G. was in need of involuntary inpatient treatment under Pennsylvania's Act 21. The superior court held that the SOAB expert witness's conclusion was not dependent on improperly disclosed communications based on harmless error analysis. On appeal, the state supreme court ruled that harmless error analysis is not appropriate when psychotherapist-patient privilege is violated in Act 21 proceedings. The superior court's ruling was reversed and remanded.

[学科分类] 儿科学

[关键词] psychotherapist-patient privilege;harmless error doctrine;sexual violence;redact;Act 21