[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 522 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 522
To amend the Federal Rules of Evidence to establish a parent-child
privilege.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 1999
Mr. Andrews introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Federal Rules of Evidence to establish a parent-child
privilege.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parent-Child Privilege Act of
1999''.
SEC. 2. PARENT-CHILD PRIVILEGE.
(a) In General.--Article V of the Federal Rules of Evidence is
amended by adding at the end the following:
``Rule 502. Parent-Child Privilege
``(a) Definitions.--For purposes of this rule, the following
definitions apply:
``(1) The term `child' means the son, daughter, stepchild,
or foster child of a parent or the ward of a legal guardian or
of any other person who serves as the child's parent. A person
who meets this definition is a child for purposes of this rule,
irrespective of whether or not that person has attained the age
of majority in place in which the that person resides.
``(2) The term `confidential communication' means a
communication between a parent and the parent's child, made
privately or solely in the presence of other members of the
child's family or an attorney, physician, psychologist,
psychotherapist, social worker, clergy member, or other third
party who has a confidential relationship with the parent or
the child, which is not intended for further disclosure except
to other members of the child's family or household or to other
persons in furtherance of the purposes of the communication.
``(3) The term `parent' means a birth parent, adoptive
parent, stepparent, foster parent, or legal guardian of a
child, or any other person that a court has recognized as
having acquired the right to act as a parent of that child.
``(b) Adverse Testimonial Privilege.--In any civil or criminal
proceeding governed by these rules, and subject to the exceptions set
forth in subdivision (d) of this rule--
``(1) a parent shall not be compelled to give testimony as
a witness adverse to a person who is, at the time of the
proceeding, a child of that parent; and
``(2) a child shall not be compelled to give testimony as a
witness adverse to a person who is, at the time of the
proceeding, a parent of that child;
unless the parent or child who is the witness voluntarily and knowingly
waives the privilege to refrain from giving such adverse testimony.
``(c) Confidential Communications Privilege.--(1) In any civil or
criminal proceeding governed by these rules, and subject to the
exceptions set forth in subdivision (d) of this rule--
``(A) a parent shall not be compelled to divulge any
confidential communication made between that parent and the
child during the course of their parent-child relationship; and
``(B) a child shall not be compelled to divulge any
confidential communication made between that child and the
parent during the course of their parent-child relationship;
unless both the child and the parent or parents of the child who are
privy to the confidential communication voluntarily and knowingly waive
the privilege against the disclosure of the communication in the
proceeding.
``(2) The privilege set forth in this subdivision applies even if,
at the time of the proceeding, the parent or child who made or received
the confidential communication is deceased or the parent-child
relationship has terminated.
``(d) Exceptions.--The privileges set forth in subdivisions (c) and
(d) of this rule shall be inapplicable and unenforceable--
``(1) in any civil action or proceeding by the child
against the parent, or the parent against the child;
``(2) in any civil action or proceeding in which the
child's parents are opposing parties;
``(3) in any civil action or proceeding contesting the
estate of the child or of the child's parent;
``(4) in any action or proceeding in which the custody,
dependency, deprivation, abandonment, support or nonsupport,
abuse, or neglect of the child, or the termination of parental
rights with respect to the child, is at issue;
``(5) in any action or proceeding to commit the child or a
parent of the child because of alleged mental or physical
incapacity;
``(6) in any action or proceeding to place the person or
the property of the child or of a parent of the child in the
custody or control of another because of alleged mental or
physical capacity; and
``(7) in any criminal or juvenile action or proceeding in
which the child or a parent of the child is charged with an
offense against the person or the property of the child, a
parent of the child or any member of the family or household of
the parent or the child.
``(e) Appointment of a Representative for a Child Below the Age of
Majority.--When a child who appears to be the subject of a privilege
set forth in subdivision (b) or (c) of this rule is below the age of
majority at the time of the proceeding in which the privilege is or
could be asserted, the court may appoint a guardian, attorney, or other
legal representative to represent the child's interests with respect to
the privilege. If it is in furtherance of the child's best interests,
the child's representative may waive the privilege under subdivision
(b) or consent on behalf of the child to the waiver of the privilege
under subdivision (c).
``(f) Non-Effect of this Rule on Other Evidentiary Privileges.--
This rule shall not affect the applicability or enforceability of other
recognized evidentiary privileges that, pursuant to rule 501, may be
applicable and enforceable in any proceeding governed by these
rules.''.
(b) Clerical Amendment.--The table of contents for the Federal
Rules of Evidence is amended by adding at the end the following new
item:
``Rule 501. Parent-child privilege.''.
(c) Effect of Amendments.--The amendments made by this Act shall
apply with respect to communications made before, on, or after the date
of the enactment of this Act.
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