1 | A bill to be entitled |
2 | An act relating to the parent-child privilege; creating s. |
3 | 90.5045, F.S.; creating a parent-child privilege to |
4 | prevent disclosure of communications that were made by |
5 | children to their parents or by parents to their children |
6 | and intended to be made in confidence; defining the term |
7 | "parent"; prescribing proceedings in which the privilege |
8 | does not exist; providing for waiver of the privilege; |
9 | requiring that a guardian ad litem be appointed to |
10 | represent a minor child prior to the court's approving the |
11 | child's waiver of the privilege; providing an effective |
12 | date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Section 90.5045, Florida Statutes, is created |
17 | to read: |
18 | 90.5045 Parent-child privilege.-- |
19 | (1) Because of the family relationship that exists between |
20 | parents and their children, there is a privilege to refuse to |
21 | disclose, and to prevent another from disclosing, communications |
22 | that were intended to be made in confidence between them. |
23 | (2) The privilege may be claimed by either the child or |
24 | the parent, or by the guardian or conservator of the child or |
25 | parent. The authority of a child or the child's parent, or |
26 | guardian or conservator of the child or parent, to claim the |
27 | privilege is presumed in the absence of contrary evidence. |
28 | (3) As used in this section, the term "parent" means a |
29 | woman who gives birth to a child or a man whose consent to the |
30 | adoption of the child would be required under s. 63.062(1). If a |
31 | child has been legally adopted, the term "parent" means the |
32 | adoptive mother or father of the child. The term does not |
33 | include an individual whose parental relationship to the child |
34 | has been legally terminated and does not include an alleged or |
35 | prospective parent, unless the parental status falls within the |
36 | terms of s. 39.503(1) or s. 63.062(1). |
37 | (4) There is no privilege under this section: |
38 | (a) In any proceeding brought by or on behalf of the child |
39 | against the child's parent. |
40 | (b) In any proceeding brought by or on behalf of the |
41 | child's parent against the child. |
42 | (c) In a criminal proceeding in which the child is charged |
43 | with a crime committed at any time against the person or |
44 | property of the child's parent or the person or property of any |
45 | other child of the child's parent. |
46 | (d) In a criminal proceeding in which the child's parent |
47 | is charged with a crime committed at any time against the person |
48 | or property of the child or the person or property of a child of |
49 | the child. |
50 | (e) In any criminal or other governmental investigation |
51 | involving allegations of abuse, neglect, abandonment, or |
52 | nonsupport of a child by a parent of that child. |
53 | (f) In any criminal or other governmental investigation |
54 | involving allegations of sexual or physical abuse of a parent by |
55 | a child of that parent. |
56 | (g) In any proceeding governed by the Florida Family Law |
57 | Rules of Procedure or the Florida Rules of Juvenile Procedure. |
58 | (5) This privilege may be waived if either the parent or |
59 | the child expressly consents to the disclosure of the |
60 | communication. However, if the child has not reached the age of |
61 | majority or been otherwise emancipated, the child's stated |
62 | consent is invalid or ineffective unless it is approved by a |
63 | court of competent jurisdiction. The court may approve such |
64 | child's consent only after appointing a guardian ad litem to |
65 | represent the child and after the guardian ad litem makes a |
66 | recommendation to the court that the waiver of the privilege |
67 | would be in the best interests of the child. |
68 | Section 2. This act shall take effect July 1, 2007. |