Counseling sessions and juvenile proceedings of an abused foster child are privileged and may not be disclosed to plaintiffs in a negligence action arising out of physical and sexual abuse allegedly committed by the abused child. The trial court erroneously denied defendants' motions to suppress a foster child's privileged records and the Superior Court of Pennsylvania reversed.

MF, a foster child living in the home of the Pedatellas, was accused of physically and sexually abusing NT. NT'S parents brought a negligence action to recover damages from the Pedatellas and Family Services. Plaintiffs claimed the foster child, who herself had been the victim of abuse prior to entering the foster care system, had a known propensity to abuse other children.

Each defendant sought a protective order claiming that proceeding with discovery would require them to divulge privileged information regarding the child's condition and progress. The trial court denied the motions, claiming that allowing defendants such protection would stifle plaintiffs' ability to prove their case. The Court reasoned that plaintiffs' interest in prosecuting their negligence action outweighed the interests protected by these privileges. The Superior Court of Pennsylvania disagreed.

The Superior Court, in reversing, stated that the CPSL and Juvenile Act were designed to protect the interests of the foster child. The Court held that the goal of these acts is to promote "full and frank exploration" of all matters pertaining to a child's welfare without concern that such information will become public record and "shatter the privacy" of the children and families the laws were promulgated to protect.

The Court agreed that the plaintiffs' desire in vindicating the injuries suffered by their daughter was important. However, it found that the public policy in favor of remedying child abuse and protecting and rehabilitating victims of such abuse was of superior importance.