Current through the 2024 Fourth Special Session
Section 77-38-204 - Disclosure of confidential communicationsThe confidential communication between a victim and a sexual assault counselor is available to a third person only when:
(1) the victim is a minor and the counselor believes it is in the best interest of the victim to disclose the confidential communication to the victim's parents;(2) the victim is a minor and the minor's parents or guardian have consented to disclosure of the confidential communication to a third party based upon representations made by the counselor that it is in the best interest of the minor victim to make such disclosure;(3) the victim is not a minor, has given consent, and the counselor believes the disclosure is necessary to accomplish the desired result of counseling; or(4) the counselor has an obligation under Title 80, Chapter 2, Child Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, to report information transmitted in the confidential communication.Amended by Chapter 99, 2023 General Session ,§ 3, eff. 5/3/2023.Amended by Chapter 335, 2022 General Session ,§ 58, eff. 9/1/2022.Amended by Chapter 188, 2017 General Session ,§ 5, eff. 5/9/2017.Renumbered and Amended by Chapter 3, 2008 General Session.