so long. These statements indicate that although formal counseling sessions had ceased, Hess still saiv himself in the role of therapist for both Cindy and her children. Courts unanimously agree that a therapist’s romantic and sexual involvement with a patient is a “harmful act.” See, e.g., Simmons v. United States, 805 F.2d 1363 (9th Cir.1986) and cases cited therein. The courts of other jurisdictions have applied statutes regarding social worker privilege. The Massachusetts Supreme Court found statements made to a social worker by a defendant regarding incestuous acts not privileged as communications revealing a crime or harmful act. Massachusetts v. Berrio, 407 Mass. 37, 551 N.E.2d 496, 499 (Mass.1990). See Massachusetts v. Collett, 439 N.E.2d 1223, 1228, 387 Mass. 424 (Mass.1982) (<HOLDING>). A New York court has applied the “crime or
holding that statements made to a social worker that may have bearing on a childs health safety and welfare are not privileged and are subject to compulsory disclosure under the harmful acts exception to social worker privilege holding the record does not show that the statement to the social worker was for medical treatment because the social worker testified that he questioned the child to determine whether he needed to notify child protective services of a case of suspected child abuse holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child holding that statements by a boyfriend to a social worker that he hit an abused mother as well as her child were not privileged holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement