Privileged communications to a school guidance counselor, school teacher, or teacher's aide

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Generally, a person may not refuse to be a witness or prevent another person from being a witness. Current law allows a few exceptions to this rule, and confers a privilege to keep confidential certain communications a person makes to health care providers, members of the clergy, or other professionals in certain circumstances. Under current law, the person who made the communication may refuse to disclose and may prevent the health care provider, member of the clergy, or other covered professional from disclosing the communication in a court proceeding. Generally, only communications that the person expected to be kept confidential may be kept undisclosed.

Under this bill, a person who is a petitioner or a respondent in an action affecting the family and who makes a communication he or she expects to be confidential to a school guidance counselor, school teacher, or teacher's aide may refuse to disclose and may prevent the school guidance counselor, teacher, or teacher's aide from disclosing the communication in the action. The bill makes an exception, however, to information a school guidance counselor, teacher, or teacher's aide receives that he or she is required to report under the state's mandatory child abuse and neglect reporting laws.

Who's behind it

5 lawmakers are its authors⁠. All 5 are Republicans.