Opinion
F077049
06-21-2018
D.M. et al., Petitioners, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES, Real Party in Interest.
Amanda K. Kendzora for Petitioners, D.M., S.M., and E.M. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Brent C. Woodward, Deputy County Counsel, for Real Party in Interest.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Fresno Super. Ct. Nos. 16CEJ300191-1, 16CEJ300191-2 & 16CEJ300191-3)
OPINION
THE COURT ORIGINAL PROCEEDINGS; petition for extraordinary writ. Amanda K. Kendzora for Petitioners, D.M., S.M., and E.M. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Brent C. Woodward, Deputy County Counsel, for Real Party in Interest.
Before Levy, A.P.J., Detjen, J., and Franson, J. --------
-ooOoo-
On May 23, 2018, this court issued an alternative writ of mandate directing respondent court to:
"1. Vacate the order denying the motion to redact the children's quoted statements to their therapists, grant the motion and redact the children's quoted statements found on pages 13 and 15 of the 'Status Review Report' dated November 29, 2017 and filed by the Fresno County Department of Social Services on February 20, 2018; or
"2. Show cause before this court why a peremptory writ of mandate granting such relief should not issue."
On June 7, 2018, respondent court filed in this court an "ALTERNATIVE WRIT OF MANDATE," vacating its order denying said motion to redact, without also redacting the quoted confidential statements. This court construes respondent court's partial compliance with this court's order as an election to show cause in this court.
As this court stated in the order filed on May 23, 2018:
"The psychotherapist-patient privilege protects a dependent child's confidential communications with his or her therapist, but allows the therapist to disclose circumscribed information to the juvenile court to accomplish the information-gathering goal of therapy and assist the court in making reasoned decisions concerning the child's welfare. (In re Mark L. (2001) 94 Cal.App.4th 573, 584.) The disclosures made to the Fresno County Department of Social Services by the children's therapists and included in the 'Status Review Report' filed in the juvenile court are not circumscribed. They are actual statements made by the children during therapy."
DISPOSITION
Let a peremptory writ of mandate issue directing respondent court to:
1. Redact the children's quoted statements to their therapists found on pages 13 and 15 of the "Status Review Report," dated November 29, 2017, and filed by the Fresno County Department of Social Services on February 20, 2018.
Insofar as petitioner has requested any additional relief in the above entitled matter, it is denied.