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L.A.N. v. L.M.B.

No. 11SC529.

292 P.3d 942 (2013)

2013 CO 6

L.A.N., a/k/a L.A.C., by and through her Guardian ad Litem, and The People of the State of Colorado, In the Interest of Minor Child: L.A.N., a/k/a L.A.C., Petitioners v. L.M.B., Respondent.

Supreme Court of Colorado, En Banc.

January 22, 2013.

Attorney(s) appearing for the Case

Denver Department of Human Services, Douglas J. Friednash , Denver City Attorney, Laura Grzetic Eibsen , Assistant City Attorney, Denver, Colorado, Attorneys for Petitioner the People of the State of Colorado.

Packer Law Firm, LLC, Amy J. Packer , Littleton, Colorado, Attorneys for Petitioner Guardian ad Litem.

Pickard & Associates, P.C., Joe Pickard , Kerry Simpson , Justin Ross , Littleton, Colorado, Attorneys for Respondent.

Colorado Office of the Child's Representative, Sheri M. Danz , Amanda Donnelly , Denver, Colorado, Attorneys for Amicus Curiae Office of the Child's Representative.

Justice RICE delivered the Opinion of the Court.

¶ 1 In this parental rights termination case, we hold that the guardian ad litem ("GAL") is in the best position to waive the child's psychotherapist-patient privilege in a dependency and neglect proceeding when: (1) the child is too young or otherwise incompetent to hold the privilege; (2) the child's interests are adverse to those of his or her parent(s); and (3) section 19-3-311, C.R.S. (2012), does not abrogate...

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