People v. A.C. (In re A.C.)

*264 A.C., a ward of the juvenile court, made statements to an in-home counselor who interpreted them as threats. The juvenile court sustained a Welfare and Institutions Code section 602 petition and found that A.C. violated his conditions of probation by making criminal threats. ( Pen. Code, § 422, subd. (a).) 1 A.C. appeals.

We conclude that statements A.C. made to a counselor are admissible because they do not fall within the psychotherapist-patient privilege. ( Evid. Code, § 1014.) We also conclude A.C.'s statements do not violate his conditions of probation. We reverse.

FACTS

After sustaining a Welfare and Institutions Code section 602 petition, the juvenile court placed A.C. home on probation. Probation condition 6 provided, "You must not unlawfully threaten, hit, fight with, or use physical force on any person." Probation *497 condition 14 provided, "You must not have, *265 possess or act like you possess an object you know is a dangerous or deadly weapon. You must not knowingly have or possess a replica gun."

A few months later, the People filed a notice of violation of probation, alleging, among other things, that A.C.: 1) "threatened his peers at school," 2) may be…