State ex rel. Hope House, Inc. v. Merrigan

Summary

The Supreme Court of Missouri held that the confidentiality requirements for domestic violence shelter records under section 455.220 are not a legally recognized privileged communication subject to the child-abuse exception in section 210.140. The court made absolute, as modified, a writ of prohibition preventing enforcement of a subpoena for Hope House records concerning a shelter resident and her children.

Holdings

1. The confidentiality requirements imposed by section 455.220 are not legally recognized privileged communications within the meaning of section 210.140. Section 210.140 therefore does not eliminate or limit the confidentiality protections of section 455.220 in child-abuse-and-neglect proceedings.
2. The circuit court abused its discretion by requiring Hope House to produce information protected by section 455.220. The writ of prohibition was made absolute as modified.

Questions Presented

1. Whether the confidentiality requirements in Mo. Rev. Stat. section 455.220 constitute a legally recognized privileged communication subject to the child-abuse-and-neglect exception in section 210.140.
2. Whether the circuit court abused its discretion by denying Hope House's motion to quash the subpoena for shelter records.

Disposition

writ_granted