State v. Strauch, 345 P.3d 317

The Abuse and Neglect Act requires reporting of suspected child abuse by many professionals and others; NM courts must interpret scope and relation to confidentiality and physician-patient/psychotherapist privileges.
Defendant Strauch allegedly abused his daughter; he sought to keep counseling records with a private social worker confidential.
Strauch’s wife later disclosed the abuse; the State sought to introduce Stearns’ counseling records as evidence.
District court held Stearns was not a mandated reporter and that communications were privileged; the State appealed.
The Court of Appeals affirmed, holding the Act did not make Stearns a mandatory reporter and that confidences were privileged.
The NM Supreme Court granted certiorari to resolve the scope of mandatory reporting and privilege in this context.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Stearns was a mandatory reporter under 32A-4-3(A).	Strauch’s Stearns was not in 'official capacity' and not a mandated reporter.	State argues the Act uses universal language: 'every person' including Stearns.	Yes; Stearns is a mandated reporter under the Act.
Whether communications with Stearns are protected by evidentiary privilege given mandatory reporting.	Privileged under Rule 11-504; social worker communications should be confidential.	Because Stearns is a mandated reporter, privilege does not apply.	No; Rule 11-504(D)(4) privilege does not apply to communications that must be reported.

Yates v. Mansfield Bd. of Educ., 808 N.E.2d 861 (Ohio 2004) (interpreting official/professional capacity in reporting duties)
State v. Clark, 999 N.E.2d 592 (Ohio 2014) (discusses official capacity interpretation in reporting statutes)
Albuquerque Rape Crisis Ctr. v. Blackmer, 138 P.3d 120 (N.M. 2005) (treatment of privileges vs. reporting)