State v. Strauch

Summary

The New Mexico Supreme Court held that privately employed social workers are mandatory reporters under the Abuse and Neglect Act and that communications with such workers are not shielded by the psychotherapist‑patient privilege because the statutory reporting exception applies. Accordingly, the Court reversed the district court’s protective order and the Court of Appeals’ affirmation and remanded for further proceedings. The decision rests on a de novo construction of the reporting statute’s plain language and legislative history. The Court also clarified that the “official capacity” qualifier does not limit the reporting duty.