The Second Appellate District granted a petition for writ of mandate. The court held that a child in dependency proceedings who disclosed to authorities purported sexual abuse by her father did not tender her sexual history in that litigation within the meaning of Evid. Code §996(a) and could therefore claim a physician-patient privilege to prevent her father from subpoenaing her medical records.
The County of Los Angeles Department of Children and Family Services (county) investigated a report by minor Karen P. that she had been sexually molested by her father, Andres P. Karen subsequently underwent a forensic medical exam. The county initiated dependency proceedings under Welf. & Inst. Code §300 on behalf of Karen. The county alleged, among other things, that Andres had sexually abused and raped Karen.
