New Mexico v. Strauch
Annotate this CaseDefendant Jason Strauch allegedly revealed to his wife that he had been sexually abusing their minor daughter. Defendant moved out of the family home for a time and began attending counseling with a private-practice social worker licensed by the State. The couple reconciled, and defendant moved back into the home. Defendant continued to see the social worker. The daughter revealed to her mother that the abuse never stopped. Defendant and the wife then separated, and she reported the abuse. Defendant was charged with four counts of criminal sexual contact of a minor in the second degree. The State filed notice that it intended to call the social worker as a prosecution witness. Defendant moved for a protective order, arguing that the communications were protected from disclosure. The district court held that the private social worker was not a "mandatory reporter" under state law because his work was as a "private therapist" rather than in an "official capacity." On interlocutory appeal by the State, a majority of the Court of Appeals panel affirmed the district court's protective order. The Supreme Court, after its review of the district and appellate courts concluded that both privately and publicly employed social workers were mandatory child abuse reporters, and statements made to a social worker by an alleged child abuser in private counseling sessions were not protected from disclosure in court proceedings.
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