In re Elijah W is a case where defense counsel was reluctant to have the juvenile client meet with a psycho-therapist given that the therapist would have a reporting duty regarding abuse and Tarasoff threats. The public defenders brought an unsuccessful motion before the trial court but have now won on appeal. The court framed the appeal this way:
In his petition, petitioner contends that the Protocol violates his right to effective assistance of counsel under the Sixth and Fourteenth Amendments of the U.S. Constitution because it does not allow for experts to be appointed pursuant to Evidence Code section 952 and because it forces minors represented by court-appointed counsel to engage experts who will not abide by the attorney-client privilege with respect to disclosure of child abuse, child neglect and/or Tarasoff threats.
[ . . . .]
Let a writ of mandate issue directing the trial court to vacate and set aside its order denying the motion to appoint Dr. Scarf and to enter a new and different order appointing Dr. Scarf to assist defense counsel as an expert witness and ordering that any disclosures made to Dr. Scarf in this capacity be protected under the attorney-client privilege. We do not rule on the constitutionality of the Protocol or otherwise find it results in a breach of the duty of attorney-client confidentiality.