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H.R. 3433

BillFederalHouseIn Committee
Parent-Child Privilege Act of 2005
About This Bill
Committee
Latest Action · August 23, 2005
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Congress
109th (2005–2007)
Introduced
July 26, 2005
Cosponsors (0)
None
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Summary

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Parent-Child Privilege Act of 2005 - Amends the Federal Rules of Evidence to provide that, in a civil or criminal proceeding, a parent shall not be compelled to testify against his or her child, and a child shall not be compelled to testify against his or her parent, unless the parent or child who is the witness voluntarily and knowingly waives the privilege to refrain from giving such adverse testimony. Provides that a parent shall not be compelled to divulge any confidential communication with his or her child during the course of their parent-child relationship, and a child shall not be compelled to divulge any confidential communication with his or her parent during the course of such relationship, unless both the child and the parent or parents who are privy to the confidential communication voluntarily and knowingly waive the privilege against the disclosure of the communication.Sets forth exceptions to the privilege, such as in civil actions by the child against the parent, or by the parent against the child, or in any action in which the custody, abuse, or neglect of the child, or the termination of parental rights with respect to the child, is at issue.Authorizes the court to appoint a guardian, attorney, or other legal representative to represent the child's interests with respect to the privilege when a child who appears to be the subject of the privilege is below the age of majority at the time of the proceeding.

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