AN ACT FURTHER REGULATING PRIVILEGED COMMUNICATIONS BETWEEN PATIENTS AND PSYCHOTHERAPISTS IN CERTAIN CASES.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
The fifth paragraph of section 20B of chapter 233 of the
General Laws, as appearing in the 1984 Official Edition, is hereby amended
by striking out paragraph (e) and inserting in place thereof the following paragraph:-
(e) In any case involving child custody, adoption or the dispensing with
the need for consent to adoption in which, upon a hearing in chambers, the
judge, in the exercise of his discretion, determines that the
psychotherapist has evidence bearing significantly on the patient's ability
to provide suitable care or custody, and that it is more important to the
welfare of the child that the communication be disclosed than that the
relationship between patient and psychotherapist be protected; provided,
however, that in such cases of adoption or the dispensing with the need for
consent to adoption, a judge shall determine that the patient has
been informed that such communication would not be privileged.