Public-domain · open source
OpenJurist

Ind. Code § 25-23.6-6-1

Matters related in official capacity; exceptions to privilege

Applied in 13 court decisions — leading case Stone v. Daviess County Division of Children & Family Services (1995)

Most recently applied in James E. Rogers v. State of Indiana (July 2016)

As added by P.L.186-1990, SEC.9

How often courts cite this section

199520002010201630
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 1. Matters communicated to a counselor in the counselor’s official capacity by a client are privileged information and may not be disclosed by the counselor to any person, except under the following circumstances:

(1) In a criminal proceeding involving a homicide if the disclosure relates directly to the fact or immediate circumstances of the homicide.

(2) If the communication reveals the contemplation or commission of a crime or a serious harmful act.

(3) If:

(A) the client is an unemancipated minor or an adult adjudicated to be incompetent; and

(B) the information communicated to the counselor indicates the client was the victim of abuse or a crime.

(4) In a proceeding to determine mental competency, or a proceeding in which a defense of mental incompetency is raised.

(5) In a civil or criminal malpractice action against the counselor.

(6) If the counselor has the express consent of:

(A) the client; or

(B) in the case of a client's death or disability, the express consent of the client's legal representative.

(7) To a physician if the physician is licensed under IC 25-22.5 and has established a physician-patient relationship with the client.

(8) Circumstances under which privileged communication is abrogated under Indiana law.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.