Kids Say the Darnedest Things: A Call for Adoption of a Statutory Parent-Child Confidential Communications Privilege in Response to Tougher Juvenile Sentencing Guidelines

Authors

David L. Cheatham

Publication Date

3-1-2002

Document Type

Comment

Abstract

This Comment addresses the need for a narrowly tailored, statutorily created privilege protecting confidential communications made to a parent by a child who is seeking advice or guidance and how crucial that privilege has become for today's juveniles, who face tougher guidelines for juvenile sentencing and adult certification. Part II provides an overview of the historical background of the parent-child privilege and its current legal status, both at the state and federal levels. Part III explains how the "get-tough" legislation that has made juvenile courts parallel to adult courts, along with the movement to completely abolish juvenile courts, necessitates legislative approval of a parent-child privilege. Part IV discusses past proposals for parentchild privileges that have failed and proposes that the reason for their failure is that the proposals were overly broad. Finally, Part V proposes a narrowly tailored statute designed to protect only those confidential communications from the child to the parent when the child is seeking parental guidance or advice.

DOI

10.37419/TWLR.V8.I2.4

First Page

393

Last Page

416

Recommended Citation

David L. Cheatham, Kids Say the Darnedest Things: A Call for Adoption of a Statutory Parent-Child Confidential Communications Privilege in Response to Tougher Juvenile Sentencing Guidelines, 8 Tex. Wesleyan L. Rev. 393 (2002).
Available at: https://doi.org/10.37419/TWLR.V8.I2.4