Records, files and transcripts are confidential unless conservatee gives express waiver • Sorenson v. Superior Court (2013) 219 219 C.A.4th 409
At trial, psychiatrist Rose Drago read excerpts of the redacted records to the jury. She relied on them in part for her opinion that S.A. suffers from schizoaffective disorder, bipolar type, and is unable to provide for her own basic needs outside of a highly structured environment. Drago also relied on her 15 years of personal experience treating S.A., first as a staff psychiatrist and then as medical director for the County Mental Health Department until her retirement in 2011, and upon subsequent interviews with S.A., including an interview three days before trial. Drago testified that she did not personally observe S.A. at the board and care facility, but reviewed records from S.A.’s five-day stay there.
Public Guardian offered S.A.’s records to prove “the historical course of [her] mental disorder,” The public Guardian was thus expressly authorized to release the records for use in the conservatorship proceedings, and it was authorized to use them to prove “the historical course of [S.A.’s] mental disorder.” (§ 5008.2.)
Help me guys and get this figured out?! How does this contradiction even exist. The opinion didnt help me either.
Juvenile Dependency and