AB 249

Generally, a person may not refuse to be a witness or prevent another person

from being a witness. Current law allows a few exceptions to this rule, and confers

a privilege to keep confidential certain communications a person makes to health

care providers, members of the clergy, or other professionals in certain

circumstances. Under current law, the person who made the communication may

refuse to disclose and may prevent the health care provider, member of the clergy,

or other covered professional from disclosing the communication in a court

proceeding. Generally, only communications that the person expected to be kept

confidential may be kept undisclosed.

Under this bill, a person who is a petitioner or a respondent in an action

affecting the family and who makes a communication he or she expects to be

confidential to a school guidance counselor, school teacher, or teacher's aide may

refuse to disclose and may prevent the school guidance counselor, teacher, or

teacher's aide from disclosing the communication in the action. The bill makes an

exception, however, to information a school guidance counselor, teacher, or teacher's

aide receives that he or she is required to report under the state's mandatory child

abuse and neglect reporting laws.