In Re Aristotle, Unpublished Decision (1-16-2004)
In Re Aristotle, Unpublished Decision (1-16-2004)
Opinion of the Court
{¶ 2} In this case, which terminated the parental rights of Kevin R. and Susan R., SCDJFS was awarded permanent custody of Aristotle R., born in 2000. A permanent custody hearing was held over several days in 2002: May 20, 2002 through May 23, 2002 and September 9, 2002 through September 10, 2002. Of concern for this appeal was the testimony by Dr. Susan Casselman, Kevin's psychologist, on May 21, 2002. Kevin initially objected to Dr. Casselman's testimony on grounds of statutory privilege. The court overruled the objection, determining that the scope of Kevin's written waiver allowed the psychologist to testify. The court did not allow Kevin's attempt to orally revoke the waiver. On June 6, 2002, Kevin revoked the waiver of his statutory privilege in writing with Firelands Counseling and Recovery Services ("FCRS"), Dr. Casselman's employer. Dr. Casselman then would not produce any information concerning Kevin.
{¶ 3} After the hearing, the juvenile court awarded permanent custody of Aristotle to SCDJFS. Kevin R. appeals that judgment and raises a sole assignment of error:
{¶ 4} "The trial court committed prejudicial error by allowing Dr. Susan Casselman to testify as to privileged communication made to her by Appellant, in violation of the psychologist-client privilege set forth in Ohio Revised Code §
{¶ 5} R.C.
{¶ 6} R.C.
{¶ 7} "A physician or a dentist concerning a communication made to the physician or dentist by a patient in that relation or the physician's or dentist's advice to a patient, except as otherwise provided in this division, division (B)(2), and division (B)(3) of this section, and except that, if the patient is deemed by section
{¶ 8} "The testimonial privilege established under this divisiondoes not apply, and a physician or dentist may testify or may be compelled to testify, in any of the following circumstances: * * * In anycivil action concerning court-ordered treatment or services received by apatient, if the court-ordered treatment or services were ordered as partof a case plan journalized under section
{¶ 9} Here, the court ordered the parents to sign releases of information and ordered them to follow all recommendations of the therapist and psychological evaluation, when it journalized the case plan in its judgment entry.
{¶ 10} Kevin's communications with Dr. Casselman are exempt under R.C.
{¶ 11} Even if the privilege were to apply, both Dr. Casselman and Kevin agreed that a waiver had been signed. Dr. Casselman described the waiver as very wide in scope, being the standard waiver normally signed by those in Kevin's situation. See State v. Farthing,
{¶ 12} Based upon the foregoing, Kevin's sole assignment of error is found not well-taken, and the judgment of the Sandusky County Court of Common Pleas, Juvenile Division is affirmed. Appellant is ordered to pay the court costs of this appeal.
Judgment Affirmed.
Peter M. Handwork, P.J., Richard W. Knepper, J. and Judith Ann Lanzinger, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.