Does the Attorney General's opinion that a professional must report non-abusive behavior to a minor violate the child abuse victim's right to privacy?

California, United States of America


The following excerpt is from Planned Parenthood Affiliates v. Van de Kamp, 181 Cal.App.3d 245, 226 Cal.Rptr. 361 (Cal. App. 1986):

By these and other authorities (see, e.g., Landeros v. Flood (1976) 17 Cal.3d 399, 131 Cal.Rptr. 69, 551 P.2d 389), the Attorney General has established only the general proposition that the child abuse reporting law is of sufficient importance to the fight against child abuse that it may override an accused abuser's constitutional rights, as well as the ethical or statutory confidentiality obligations of a professional. We have no quarrel with this proposition, but it does not resolve the issue before us. The Attorney General has advanced no significant state interest served by the reporting of voluntary behavior. The reporting of voluntary nonabusive behavior as mandated by the Attorney General's opinion therefore violates the right to sexual privacy guaranteed mature minors by the California Constitution. 16

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