Tennessee § 37-1-614 - Evidentiary privileges inapplicable in child sexual abuse cases.

§ 37-1-614. Evidentiary privileges inapplicable in child sexual abuse cases.

The privileged quality of communication between husband and wife and between any professional person and the professional person's patient or client, and any other privileged communication, except that between attorney and client, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any situation involving known or suspected child sexual abuse and shall not constitute grounds for failure to report as required by this part, failure to cooperate with the department in its activities pursuant to this part, or failure to give evidence in any judicial proceeding relating to child sexual abuse. Acts 1985, ch. 478, § 15. Cross-References. Evidentiary privileges inapplicable in child abuse cases, § 37-1-411 . Privileged communication between husband and wife, § 24-1-201 . Privileged communications, title 24, ch. 1, part 2. Rule Reference. This section is referred to in the Advisory Commission Comments under Rule 501 of the Tennessee Rules of Evidence. Textbooks. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), Rule 501; §§ 501.7 — 501.9, 501.11, 501.13, 501.14, 501.19. Law Reviews. Murder and Miscarriage: Miscarriage of Justice?, (Donald F. Paine), 30 No. 4 Tenn. B.J. (1994). Attorney General Opinions. Communications between an employee of a county sheriff's department and a volunteer clergy member appointed by the sheriff to provide spirtual consultation are confidential and privileged, provided the communications are made to the clergy member confidentially in a professional capacity, according to the usual course of the clergy's practice or discipline, as established by the rules or customs of the clergy's religious organization or denomination when the employee is seeking spiritual advice or counseling; however, this privilege does not apply to any communication involving known or suspected child sexual abuse, OAG 01-009 (1/25/01).