In Re Daniel D. and Samantha D.

Summary

The court reversed the termination of Daniel D.'s parental rights because his silence during court-ordered psychological evaluation and treatment resulted from a legitimate concern that his statements could be used in a pending criminal case. It broadly construed the statutory protections to shield disclosures made during court-ordered diagnostic or therapeutic examinations and directed the circuit court to provide one additional improvement period with appropriate protective measures. Chief Justice Davis, dissenting, would have affirmed because existing precedent already protected the father's statements and the children's best interests required finality.