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.
Be it enacted by the Senate and House of Representa-
tives 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 2003’’. 
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 defi-
nition is a child for purposes of this rule, irrespec-
tive of whether or not that person has attained the 
age of majority in the place in which that person re-
sides. 
‘‘(2) The term ‘confidential communication’ 
means a communication between a parent and the 
parent’s child, made privately or solely in the pres-
ence of other members of the child’s family or an at-
torney, physician, psychologist, psychotherapist, so-
cial 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 ex-
cept to other members of the child’s family or house-
hold or to other persons in furtherance of the pur-
poses 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 tes-
timony 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 testi-
mony 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
PRIVI-
LEGE.—(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 par-
ent-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 par-
ent-child relationship; 
unless both the child and the parent or parents of the child 
who are privy to the confidential communication volun-
tarily and knowingly waive the privilege against the disclo-
sure 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 sub-
divisions (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, sup-
port 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 be-
cause of alleged mental or physical capacity; and 
‘‘(7) in any criminal or juvenile action or pro-
ceeding 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 major-
ity 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 rep-
resentative may waive the privilege under subdivision (b) 
or consent on behalf of the child to the waiver of the privi-
lege under subdivision (c).
‘‘(f) NON-EFFECT OF THIS RULE ON OTHER EVI-
DENTIARY PRIVILEGES.—This rule shall not affect the ap-
plicability 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 communica-
tions made before, on, or after the date of the enactment 
of this Act.
Æ