Wednesday, January 16, 2013

child abuse - spousal privilege does not apply

Commonwealth v. Hunter – Superior Court – January 15, 2013

Pennsylvania’s Child Protective Services Law (CPSL) recognizes that, in order to further important public policy, privileged communications may need to give way to the prosecution of child abuse. Under the CPSL, confidential communications between spouses are admissible in any proceedings regarding child abuse or the cause of child abuse. 23 Pa.C.S.A. § 6381(c).  See also, B.K. v. Department of Public Welfare, 36 A.3d 649 (Pa. Cmwlth. 2012).