FAIL TO REPORT CRIME/PRIVILEGE EXEMPTION.

View NCGA Bill Details2021
House Bill 585 (Public) Filed Thursday, April 15, 2021
AN ACT TO PROVIDE THAT LICENSED MARRIAGE AND FAMILY THERAPISTS AND PSYCHIATRISTS ARE NOT REQUIRED TO REPORT CERTAIN CRIMES AGAINST JUVENILES IF A PRIVILEGE AGAINST DISCLOSURE UNDER STATE LAW WOULD PREVENT THEM FROM DOING SO.
Intro. by K. Baker, Stevens, Wheatley, Carter.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 6 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO PROVIDE THAT A LICENSED MARRIAGE AND FAMILY THERAPIST, OR AN EMPLOYEE OR ASSOCIATE OF A LICENSED MARRIAGE AND FAMILY THERAPIST, WITH PRIVILEGES AGAINST DISCLOSURE UNDER STATE LAW IS NOT REQUIRED TO REPORT CRIMES AGAINST JUVENILES IF THE PRIVILEGE WOULD PREVENT THE PERSON FROM DOING SO.

H 585

Bill Summaries:

  • Summary date: Apr 28 2021 - More information

    House committee substitute amends the 1st edition as follows. 

    Further amends GS 14-318.6, which establishes a duty for anyone 18 or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse to immediately report the case of that juvenile to the appropriate local law enforcement agency in the county where the juvenile resides or is found, with failure constituting a Class 1 misdemeanor. Expands subsection (h) to also provide that the statute does not require a person with psychiatrist-client or patient privilege to report pursuant to the statute if that privilege would prevent that person from doing so. Makes clarifying changes. Makes conforming changes to the act's long title. 


  • Summary date: Apr 15 2021 - More information

    Amends GS 14-318.6, which establishes a duty for anyone 18 or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse to immediately report the case of that juvenile to the appropriate local law enforcement agency in the county where the juvenile resides or is found, with failure constituting a Class 1 misdemeanor. Adds to subsection (h), providing that the statute does not require a person with privilege under GS 8-53.5 (providing for privileged communications between licensed marital and familial therapist and client(s)) to report pursuant to the statute if that privilege would prevent that person from doing so. Restricts asserting the privilege in this manner to the primary client, defined as a person who consults or is interviewed by a licensed marriage and family therapist for the purpose of diagnosis or treatment, and does not apply to other family members. 


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