Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect.§ 39.204

Part II · Reporting Child Abuse · 2026 Florida Statutes
Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

5 opinions cite § 39.204

  1. Nussbaumer v. State 882 So. 2d 1067 · 2D03-5573 · 2nd DCA 2004

    This opinion cites § 39.204 6 times, the section generally

    · cited by 28 in all courts

    …within a psychotherapist-patient relationship. In light of the fact that Defendant is charged with lewd molestation (pursuant to [section 800.04]), [section 39.204, Florida Statutes (2003)] abrogates the psychotherapist-patient privilege which was enacted pursuant to [section] 90.503. Therefore, the communications…

  2. Hill v. State 846 So. 2d 1208 · 5D02-3222 · 5th DCA 2003

    This opinion cites § 39.204 6 times, the section generally

    · cited by 6 in all courts

    …by the state. The petitioners rely on the marital privilege, section 90.504, and the psychotherapist privilege, section 90.503. The state relies on section 39.204, which it claims completely abrogates the Evidence Code privileges for marital and psychotherapist communications. We grant the writ, in part, modify the…

  3. S.C. v. Guardian ad Litem Program 845 So. 2d 953 · 4D02-3414 · 4th DCA 2003

    Certiorari / writ granted This opinion cites § 39.204 3 times, the section generally

    · cited by 3 in all courts

    Order quashed on certiorari: the guardian ad litem cannot obtain the child's privileged therapy records without giving the child notice and a hearing.

    …court, here, has recognized that Petitioner had not waived her privilege or placed her mental health in issue, nor has the privilege been abrogated by section 39.204, Florida Statutes. [2] No Florida authority, however, directly addresses the issue of whether a dependent child may assert a psychotherapist/patient…

  4. Flood v. Stumm 989 So. 2d 1240 · 4D08-1924 · 4th DCA 2008

    This opinion cites § 39.204 1 time, the section generally

    · cited by 4 in all courts

    … We have considered the mother's argument that the father's privilege was waived because of her prior allegations of child sexual abuse against him. Section 39.204, Florida Statutes, provides that privileged communication between a professional and a patient do "not apply to any communication involving the perpetrator or…

  5. Doherty v. John Doe No. 22 957 So. 2d 1267 · 4D07-140 · 4th DCA 2007

    This opinion cites § 39.204 1 time, the section generally

    …and the psychotherapist and the records of mental health treatment. In arguing for abrogation of the privilege in this case, Plaintiffs relied upon section 39.204, Florida Statutes, which provides as follows: The privileged quality of communication between husband and wife and between any professional person and his…

0 admin code rules cite § 39.204

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

No admin code rule cites § 39.204.

0 CFOPs cite § 39.204

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites § 39.204.

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The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect and shall not constitute grounds for failure to report as required by s. 39.201 regardless of the source of the information requiring the report, failure to cooperate with law enforcement or the department in its activities pursuant to this chapter, or failure to give evidence in any judicial proceeding relating to child abuse, abandonment, or neglect.

History. ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 2, ch. 85-28; s. 64, ch. 94-164; s. 74, ch. 97-103; s. 34, ch. 98-403; s. 3, ch. 2002-174.