Rule 9. Evidence

(a) Applicability of Evidence Rules. The Alaska Rules

of Evidence apply to child in need of aid proceedings to the

same extent as they govern civil proceedings, except as

otherwise provided by these rules.

(b) Privileges Inapplicable.

(1) Spousal Privilege. The spousal privilege, Evidence

Rule 505, does not apply to the parent, child or custodian in

Child in Need of Aid proceedings.

(2) Physician-Patient Privilege. The physician-patient

privilege, Evidence Rule 504, does not apply to the parent,

child or custodian in Child in Need of Aid proceedings.

(3) Psychotherapist-Patient Privilege.

(A) The psychotherapist-patient privilege, Evidence Rule

504, applies to the parent, child or custodian in Child in Need

of Aid proceedings only to the extent described in this rule.

(B) The privilege applies to the child unless the child or

the child’s guardian ad litem waives the privilege, or the party

seeking disclosure shows that the need for the requested

disclosure outweighs the child’s interest in confidentiality.

(C) The privilege does not apply to the parent unless the

parent shows that the parent’s interest in confidentiality

outweighs the need for the requested disclosure. No disclosure

may be made until the parent has an opportunity to make this

showing.

(D) When considering a request to disclose or protect a

communication, the court shall consider the following:

(i) the content and nature of the communication;

(ii) the purposes of AS 47.10, as expressed by AS

47.06.020, and of Evidence Rule 504;

(iii) whether there is any other effective way to obtain the

information; and

be made until the parent has an opportunity to make this

showing.

(D) When considering a request to disclose or protect a

communication, the court shall consider the following:

(i) the content and nature of the communication;

(ii) the purposes of AS 47.10, as expressed by AS

47.06.020, and of Evidence Rule 504;

(iii) whether there is any other effective way to obtain the

information; and

(iv) whether the public interest and need for disclosure

outweighs the potential injury to the patient and the patient’s

psychotherapist relationship.

Before ruling on such a request, the court may inspect

records in camera. The court may allow, limit, or prohibit

disclosure and use of the communication.

(E) If the court grants the request for disclosure of the

child’s privileged information, the court order must:

(i) limit disclosure to those parts of the child’s records

which are essential to fulfill the purpose of the disclosure;

(ii) limit disclosure to those persons whose need for the

information is the basis for the order; and

(iii) include such other measures as are necessary to limit

disclosure for the protection of the child and the

psychotherapist-patient relationship.

(F) Evidence Rule 504(c) does not apply in child in need

of aid proceedings. Unless otherwise ordered, the child’s

psychotherapist-patient privilege may only be claimed or

waived as follows:

(i) If the child is twelve or older, the privilege may be

claimed or waived by the child after consulting with an

attorney, if an attorney has been appointed, or with the

guardian ad litem.

(ii) If the child is younger than twelve, the privilege may

be claimed or waived by the guardian ad litem.

(iii) The person who was the psychotherapist at the time

of the communication is presumed to have authority to claim

the privilege on behalf of the child.

Cross References

CROSS REFERENCE: AS 47.17.060.

PART V. PRELIMINARY PROCEEDINGS