Nagle v. Hooks

In Nagle v. Hooks, 296 Md. 123, 460 A.2d 49 (1983), the Court of Appeals was asked to decide "whether a custodial parent may refuse to waive, on behalf of a minor child, in a custody action, the statutory psychiatrist-patient privilege regarding communications relating to diagnosis or treatment of a minor's mental or emotional disorder." Id. at 125. The Court concluded that Maryland law required the trial court to appoint an attorney to act as guardian of the child in the matter. Id. at 128. The Court held that when a minor is too young to personally exercise the privilege of nondisclosure, the court must appoint a guardian to act, guided by what is in the best interests of the child. Id.