In re Interest of A.M.
Annotate this CaseIn 2013, a child-in-need-of-assistance (CINA) petition was filed alleging that three minor children were in need. The guardian ad litem subsequently subpoenaed Mother’s therapist to testify at the CINA adjudicatory hearing regarding her mental health counseling of Mother. Thomas filed a motion to quash the subpoena, arguing that the information sought was confidential where Mother declined to waive the patient-psychotherapist privilege. The juvenile court concluded that Thomas must testify at the hearing. Thomas appealed, and the Supreme Court treated the appeal as a petition for writ of certiorari. The Supreme Court annulled the writ and remanded, holding that Iowa Code 232.96(5)’s statutory exception to the psychotherapist privilege in CINA adjudicatory hearings controlled in this CINA proceeding, and the juvenile court’s order enforcing the subpoena requiring Thomas to testify did not violate the confidentiality afforded mental health treatment under the Health Insurance Portability and Accountability Act (HIPAA).
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