I 

108TH CONGRESS 

1ST SESSION H. R. 538

To amend the Federal Rules of Evidence to establish a parent-child privilege. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

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 2003’’. 

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 

11 following 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 the place in which 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 

2 civil or criminal proceeding governed by these rules, and 

3 subject to the exceptions set forth in subdivision (d) of 

4 this rule—

5 ‘‘(1) a parent shall not be compelled to give tes6 timony as a witness adverse to a person who is, at 

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

8 and 

9 ‘‘(2) a child shall not be compelled to give testi10 mony as a witness adverse to a person who is, at the 

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

12 unless the parent or child who is the witness voluntarily 

13 and knowingly waives the privilege to refrain from giving 

14 such adverse testimony. 

15 ‘‘(c) CONFIDENTIAL COMMUNICATIONS PRIVI16 LEGE.—(1) In any civil or criminal proceeding governed 

17 by these rules, and subject to the exceptions set forth in 

18 subdivision (d) of this rule—

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

20 any confidential communication made between that 

21 parent and the child during the course of their par22 ent-child relationship; and 

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

24 any confidential communication made between that 
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1 child and the parent during the course of their par2 ent-child relationship; 

3 unless both the child and the parent or parents of the child 

4 who are privy to the confidential communication volun5 tarily and knowingly waive the privilege against the disclo6 sure of the communication in the proceeding. 

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

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

9 who made or received the confidential communication is 

10 deceased or the parent-child relationship has terminated. 

11 ‘‘(d) EXCEPTIONS.—The privileges set forth in sub12 divisions (c) and (d) of this rule shall be inapplicable and 

13 unenforceable—

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

15 child against the parent, or the parent against the 

16 child; 

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

18 the child’s parents are opposing parties; 

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

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

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

22 custody, dependency, deprivation, abandonment, sup23 port or nonsupport, abuse, or neglect of the child, or 

24 the termination of parental rights with respect to 

25 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

15 CHILD BELOW THE AGE OF MAJORITY.—When a child 

16 who appears to be the subject of a privilege set forth in 

17 subdivision (b) or (c) of this rule is below the age of major18 ity at the time of the proceeding in which the privilege 

19 is or could be asserted, the court may appoint a guardian, 

20 attorney, or other legal representative to represent the 

21 child’s interests with respect to the privilege. If it is in 

22 furtherance of the child’s best interests, the child’s rep23 resentative may waive the privilege under subdivision (b) 

24 or consent on behalf of the child to the waiver of the privi25 lege under subdivision (c). 
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1 ‘‘(f) NON-EFFECT OF THIS RULE ON OTHER EVI2 DENTIARY PRIVILEGES.—This rule shall not affect the ap3 plicability or enforceability of other recognized evidentiary 

4 privileges that, pursuant to rule 501, may be applicable 

5 and enforceable in any proceeding governed by these 

6 rules.’’. 

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

8 for the Federal Rules of Evidence is amended by adding 

9 at the end the following new item:

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

10 (c) EFFECT OF AMENDMENTS.—The amendments 

11 made by this Act shall apply with respect to communica12 tions made before, on, or after the date of the enactment 

13 of this Act.

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