I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Parent-Child Privilege

5 Act of 1999’’.

6 SEC. 2. PARENT-CHILD PRIVILEGE.

7 (a) IN GENERAL.—Article V of the Federal Rules of

8 Evidence is amended by adding at the end the following:

9 ‘‘Rule 502. Parent-Child Privilege

10 ‘‘(a) Definitions.—For purposes of this rule, the fol11 lowing definitions apply:
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1 ‘‘(1) The term ‘child’ means the son, daughter,

2 stepchild, or foster child of a parent or the ward of

3 a legal guardian or of any other person who serves

4 as the child’s parent. A person who meets this defi5 nition is a child for purposes of this rule, irrespec6 tive of whether or not that person has attained the

7 age of majority in place in which the that person re8 sides.

9 ‘‘(2) The term ‘confidential communication’

10 means a communication between a parent and the

11 parent’s child, made privately or solely in the pres12 ence of other members of the child’s family or an at13 torney, physician, psychologist, psychotherapist, so14 cial worker, clergy member, or other third party who

15 has a confidential relationship with the parent or the

16 child, which is not intended for further disclosure ex17 cept to other members of the child’s family or house18 hold or to other persons in furtherance of the pur19 poses of the communication.

20 ‘‘(3) The term ‘parent’ means a birth parent,

21 adoptive parent, stepparent, foster parent, or legal

22 guardian of a child, or any other person that a court

23 has recognized as having acquired the right to act

24 as a parent of that child.
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1 ‘‘(b) Adverse Testimonial Privilege.—In any civil or

2 criminal proceeding governed by these rules, and subject

3 to the exceptions set forth in subdivision (d) of this rule—

4 ‘‘(1) a parent shall not be compelled to give tes5 timony as a witness adverse to a person who is, at

6 the time of the proceeding, a child of that parent;

7 and

8 ‘‘(2) a child shall not be compelled to give testi9 mony as a witness adverse to a person who is, at the

10 time of the proceeding, a parent of that child;

11 unless the parent or child who is the witness voluntarily

12 and knowingly waives the privilege to refrain from giving

13 such adverse testimony.

14 ‘‘(c) Confidential Communications Privilege.—(1) In

15 any civil or criminal proceeding governed by these rules,

16 and subject to the exceptions set forth in subdivision (d)

17 of this rule—

18 ‘‘(A) a parent shall not be compelled to divulge

19 any confidential communication made between that

20 parent and the child during the course of their par21 ent-child relationship; and

22 ‘‘(B) a child shall not be compelled to divulge

23 any confidential communication made between that

24 child and the parent during the course of their par25 ent-child relationship;
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1 unless both the child and the parent or parents of the child

2 who are privy to the confidential communication volun3 tarily and knowingly waive the privilege against the disclo4 sure of the communication in the proceeding.

5 ‘‘(2) The privilege set forth in this subdivision applies

6 even if, at the time of the proceeding, the parent or child

7 who made or received the confidential communication is

8 deceased or the parent-child relationship has terminated.

9 ‘‘(d) Exceptions.—The privileges set forth in subdivi10 sions (c) and (d) of this rule shall be inapplicable and

11 unenforceable—

12 ‘‘(1) in any civil action or proceeding by the

13 child against the parent, or the parent against the

14 child;

15 ‘‘(2) in any civil action or proceeding in which

16 the child’s parents are opposing parties;

17 ‘‘(3) in any civil action or proceeding contesting

18 the estate of the child or of the child’s parent;

19 ‘‘(4) in any action or proceeding in which the

20 custody, dependency, deprivation, abandonment, sup21 port or nonsupport, abuse, or neglect of the child, or

22 the termination of parental rights with respect to

23 the child, is at issue;
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1 ‘‘(5) in any action or proceeding to commit the

2 child or a parent of the child because of alleged

3 mental or physical incapacity;

4 ‘‘(6) in any action or proceeding to place the

5 person or the property of the child or of a parent

6 of the child in the custody or control of another be7 cause of alleged mental or physical capacity; and

8 ‘‘(7) in any criminal or juvenile action or pro9 ceeding in which the child or a parent of the child

10 is charged with an offense against the person or the

11 property of the child, a parent of the child or any

12 member of the family or household of the parent or

13 the child.

14 ‘‘(e) Appointment of a Representative for a Child

15 Below the Age of Majority.—When a child who appears

16 to be the subject of a privilege set forth in subdivision

17 (b) or (c) of this rule is below the age of majority at the

18 time of the proceeding in which the privilege is or could

19 be asserted, the court may appoint a guardian, attorney,

20 or other legal representative to represent the child’s inter21 ests with respect to the privilege. If it is in furtherance

22 of the child’s best interests, the child’s representative may

23 waive the privilege under subdivision (b) or consent on be24 half of the child to the waiver of the privilege under sub25 division (c).
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1 ‘‘(f) Non-Effect of this Rule on Other Evidentiary

2 Privileges.—This rule shall not affect the applicability or

3 enforceability of other recognized evidentiary privileges

4 that, pursuant to rule 501, may be applicable and enforce5 able in any proceeding governed by these rules.’’.

6 (b) CLERICAL AMENDMENT.—The table of contents

7 for the Federal Rules of Evidence is amended by adding

8 at the end the following new item:

‘‘Rule 501. Parent-child privilege.’’.

9 (c) EFFECT OF AMENDMENTS.—The amendments

10 made by this Act shall apply with respect to communica11 tions made before, on, or after the date of the enactment

12 of this Act.

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