In re Cole C

In In re Cole C. (2009) 174 Cal.App.4th 900, the Court found the invocation timely, explaining: "At the start of the contested jurisdiction and disposition hearing and about three days after Mark (the stepfather) submitted his witness list, Mr. Giddens (the children's attorney) asserted the privilege. This was well in advance of Dr. Corbett being called to testify at trial." (Cole C., supra, 174 Cal.App.4th at p. 912, fn. 4.) In Cole C., we held that "the proper time for the guardian to invoke the privilege is at the time the disclosure of confidential discussions is attempted." (Id. at p. 912.) "In ruling on the admissibility of evidence, the trial court is vested with broad discretion. ' "The court's ruling will be upset only if there is a clear showing of an abuse of discretion." " 'The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason. ...' " ' " "It is established that the psychotherapist-patient privilege applies to the relationship between a dependent minor and his or her therapist. 'The purpose of the privilege is to protect the privacy of a patient's confidential communications to his or her psychotherapist " (Cole C., supra, 174 Cal.App.4th at p. 910.) "In this relationship between a patient and a therapist, the patient generally is the holder of the privilege unless the patient has a guardian or conservator." (Ibid.) In dependency proceedings, the minor's appointed counsel serves as his or her guardian ad litem. (Cole C., supra, 174 Cal.App.4th at p. 910; 326.5.) "A guardian ad litem is responsible for both evaluating 'the situation and needs of the child' and 'making recommendations to the court concerning the best interests of the child.' The guardian ad litem is required to ' "represent and protect the rights and best interests of the child." ' " (Cole C., at pp. 910-911.)