§ 8-53.10. Peer support group counselors. - North Carolina Statutes

§8‑53.10.  Peer support group counselors.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Client lawenforcement employee. – Any law enforcement employee or a member of his or herimmediate family who is in need of and receives peer counseling servicesoffered by the officer's employing law enforcement agency.

(2)        Immediate family. –A spouse, child, stepchild, parent, or stepparent.

(3)        Peer counselor. –Any law enforcement officer or civilian employee of a law enforcement agency who:

a.         Has receivedtraining to provide emotional and moral support and counseling to client lawenforcement employees and their immediate families; and

b.         Was designated bythe sheriff, police chief, or other head of a law enforcement agency to counsela client law enforcement employee.

(4)        Privilegedcommunication. – Any communication made by a client law enforcement employee ora member of the client law enforcement employee's immediate family to a peercounselor while receiving counseling.

(b)        A peer counselorshall not disclose any privileged communication that was necessary to enablethe counselor to render counseling services unless one of the following apply:

(1)        The disclosure isauthorized by the client or, if the client is deceased, the disclosure isauthorized by the client's executor, administrator, or in the case ofunadministrated estates, the client's next of kin.

(2)        The disclosure isnecessary to the proper administration of justice and, subject to G.S. 8‑53.6,is compelled by a resident or presiding judge. If the case is in district courtthe judge shall be a district court judge, and if the case is in superior courtthe judge shall be a superior court judge.

(c)        The privilegeestablished by this section shall not apply:

(1)        If the peer counselorwas an initial responding officer, a witness, or a party to the incident thatprompted the delivery of peer counseling services.

(2)        To communicationsmade while the peer counselor was not acting in his or her official capacity asa peer counselor.

(3)        To communicationsrelated to a violation of criminal law. This subdivision does not require thedisclosure of otherwise privileged communications related to an officer's useof force.

(d)        Notwithstanding theprovisions of this section, the peer counselor privilege shall not be groundsfor failure to report suspected child abuse or neglect to the appropriatecounty department of social services, or for failure to report a disabled adultsuspected to be in need of protective services to the appropriate countydepartment of social services. Notwithstanding the provisions of this section,the peer counselor privilege shall not be grounds for excluding evidenceregarding the abuse or neglect of a child, or an illness of or injuries to achild, or the cause thereof, or for excluding evidence regarding the abuse,neglect, or exploitation of a disabled adult, or an illness of or injuries to adisabled adult, or the cause thereof, in any judicial proceeding related to areport pursuant to the Child Abuse Reporting Law, Article 3 of Chapter 7B, orto the Protection of the Abused, Neglected, or Exploited Disabled Adult Act,Article 6 of Chapter 108A of the General Statutes. (1999‑374, s. 1.)