AN ACT to amend the Civil Practice Law and Rules In Relation to the Creation of a Parent/Child Privilege

a) A child and his or her parent, guardian or legal custodian shall not be required, or, without consent of the other if living, allowed to disclose a confidential communication made by one to the other.

b) A communication between a child and his or her parent, guardian or legal custodian shall be deemed confidential despite being made before the child's siblings.

c) This section shall not apply


• i. to a civil action or proceeding commenced by the child, the child's parent, guardian or legal custodian against the child, the child's parent, guardian or legal custodian; or commenced by a child's parent, guardian or legal custodian against the child's other parent, guardian or legal custodian, or ii. to a civil action or proceeding contesting the estate of a child or the child's parent, guardian, legal custodian or iii. to a criminal action or proceeding for a crime committed against the person or property of the child, the child's parent, guardian or legal custodian, or iv. to a matrimonial action, or v. a proceeding under Article 81 of the Mental Hygiene Law, or vi. to any action or proceeding on a petition alleging child abuse, parental abuse, child neglect, abandonment, nonsupport, person in need of supervision, child custody or visitation.

(vii) neither the privilege attaching to confidential communications between husband and wife, as set for in section forty-five hundred two of the civil practice law and rules, nor the child-parent privilege, as set forth in section forty-five hundred two-a of the civil practice law and rules, nor. . . shall be a ground for excluding evidence which otherwise would be admissible