Albertson v. Superior Court

California Court of Appeal Mar 29, 2000 No. B135604Published

Before: Yegan

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Holding. The court held that the Department of Mental Health may not directly transmit a petitioner's confidential mental health records to the district attorney in Sexually Violent Predator proceedings. The trial court's order granting such access was vacated as it violated the confidentiality provisions of Welfare and Institutions Code section 5328.

Issues

Whether the district attorney is entitled to direct access to a petitioner's mental health records in Sexually Violent Predator proceedings.
Whether the trial court has the authority to order the disclosure of confidential mental health records to the district attorney without statutory authorization.

Disposition. Writ of mandate issued; orders vacated; subpoena quashed.

Quotations verified verbatim against the opinion

“The only matter which we must decide and which we do decide is that the Department of Mental Health should not directly transmit petitioner's mental health records to the district attorney in SVP proceedings.”

“The trial court has no power to create discovery rights not afforded by statute.”

91 Cal.Rptr.2d 749 (2000) 77 Cal.App.4th 431 Clarence ALBERTSON, Petitioner,

The SUPERIOR COURT of Ventura County, Respondent.

The People, Real Party in Interest.

No. B135604. Court of Appeal, Second District, Division Six.

January 5, 2000. Review Granted March 29, 2000. [750] Kenneth Clayman, Public Defender, County of Ventura, Todd W. Howeth, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Michael D. Bradbury, District Attorney, County of Ventura, David Lehr, Deputy District Attorney, for Real Party in Interest.

OPINION AND ORDER

YEGAN, J.

This is a companion case to Sporich v. Superior Court (2000) 77 Cal.App.4th 422, 91 Cal.Rptr.2d 752. In Sporich, we concluded that the order requiring further mental examinations was erroneous. The rule and rationale of that opinion applies here and the order requiring petitioner Albertson (hereafter, petitioner) to submit to further mental examination must also be vacated.

In addition, respondent court ordered that the People be given direct access to all of petitioner's mental health records at the Department of Mental Health. As we shall explain, this sweeping order literally erases the confidentiality provisions of Welfare and Institutions Code, section 5328.[1] Where, as here, the judiciary is called upon to construe a statute, it should do so with scalpel, not a meat cleaver.

The Sexually Violent Predators Act (SVP) contemplates that the psychological or psychiatric "evaluation reports and any other supporting documents shall be made available to" the district attorney. (§ 6601 subds. (d), (h).). The evaluating doctors, in determining whether there are "diagnosable mental disorders" are required to consider the "psychosexual history, type, degree, and duration of sexual deviance, and the severity of the mental disorder." (§ 6601 subd. (c))

Albertson v. Superior Court

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OPINION AND ORDER

YEGAN, J.

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