AGO 84-05.

• Court: North Dakota

North Dakota Attorney General Opinions 1984. AGO 84-05. OPINION 84-5Date Issued: Requested by: James F. Twomey Cass County Assistant State's Attorney- QUESTION PRESENTED - Whether otherwise privileged information concerning the treatment of a child at a medical facility is available for review to determine if there exists probable cause to believe child abuse or neglect is indicated.- ATTORNEY GENERAL'S OPINION - It is my opinion that otherwise privileged information concerning the treatment of a child at a medical facility is available for review to determine if there exists probable cause to believe child abuse or neglect is indicated. - ANALYSIS - Section 50-25.1-01 of the North Dakota Century Code states in part:

50-25.1-01. PURPOSE. It is the purpose of this chapter to protect the health and welfare of children by encouraging the reporting of children who are known to be or suspected of being abused or neglected . . . .

The contents of this remedial chapter "are to be construed liberally, with a view to effecting its objects and to promoting justice." Section 1-02-01, N.D.C.C. Section 50-25.1-1 0, N.D.C.C., provides:

50-25.1-10. ABROGATION OF PRIVILEGED COMMUNICATIONS. Any privilege of communication between husband and wife or between any professional person and his patient or client, except between attorney and client, is abrogated and does not constitute grounds for preventing a report to be made or for excluding evidence in any proceeding regarding child abuse or neglect resulting from a report made under this chapter.

There are two types of reports which are made under chapter 50-25.1, N.D.C.C. The first type of report is identified in section 50-25.1 -04, N.D.C.C. This is the initial report of known or suspected child abuse or neglect which brings the matter to the attention of proper authorities. Section 50-25.1 -05.2, N.D.C.C., contemplates a second type of report. This second type of report, to the juvenile court, cannot be made unless probable cause exists to believe that child abuse or neglect is indicated. A medical facility may possess...