§2.09
Evidence
[1]
Interested Persons
[2]
Privileges
[1]
Interested Persons
At any
time after a petition is filed and before jurisdiction is terminated,
any interested person may inform you about an interest or right of
the child that should be protected in other judicial or administrative forums. [CRC 5.660(g).]
[2]
Privileges
The child
or the child’s counsel may invoke the psychotherapist-client,
physician-patient, attorney-client, and clergyman-penitent privileges.
If counsel invokes a privilege, the child may waive it if he or she
is of sufficient age and maturity. There is a presumption that the child is of sufficient age and maturity to consent if the child is over 12 years of age. This presumption, however, may be rebutted by clear and convincing evidence. [WIC
§317(f).]
No one,
however, may assert [CRC 5.684(e)]:
- The
privilege not to testify or to be called as a witness against a
spouse or domestic partner [EC §972]; or
- The
confidential marital communication privilege [EC §980].
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