B.B. V. People

This case involves the termination of the parent-child legal relationship between a mother, B.B., and her young child T.S.B. under the Parent-Child Legal Relationship Termination Act of 1977, §§ 19-11-101 to -110, 8B C.R.S. (1986).*fn1 The question presented is whether a privilege exists between an indigent parent and an expert witness appointed by the court at the request of the parent under section 19-11-107(1), enabling the parent to prevent the expert from testifying on behalf of the People at the termination hearing. The Larimer County District Court permitted such an expert to testify over B.B.'s objection and ultimately entered a judgment terminating the legal relationship between B.B. and her child T.S.B. On appeal, the Colorado Court of Appeals affirmed. People in Interest of T.S.B., 757 P.2d 1112 (Colo. App. 1988). We granted  certiorari and now hold that an attorney-client privilege exists between a parent and an expert witness appointed for the parent at the request of the parent's attorney under section 19-11-107(1). Although there is some question whether the privilege was effectively asserted in this case, we conclude that the admission of the expert's testimony  was harmless. We therefore affirm the judgment of the court of appeals.