83R15669 EES-F

By: Thompson of Harris H.B. No. 1661

Substitute the following for H.B. No. 1661:

By: Raymond C.S.H.B. No. 1661

A BILL TO BE ENTITLED

AN ACT

relating to child custody evaluations and adoption evaluations conducted and testimony provided in certain suits affecting the parent-child relationship; providing penalties; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. CHILD CUSTODY EVALUATION

SECTION 1.01. Chapter 107, Family Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. CHILD CUSTODY EVALUATION

Sec. 107.101. DEFINITIONS. In this subchapter:

(1) "Child custody evaluation" means an evaluative process ordered by a court in a suit, except in a suit in which adoption is requested, through which information, opinions, recommendations, and answers to specific questions asked by the court are:

(A) made regarding:

(i) the conservatorship of a child, including the terms and conditions of the conservatorship;

(ii) the possession of or access to a child, including the terms and conditions of possession or access;

(iii) recommendations for therapeutic services; or

(iv) any other issue affecting the best interest of a child; and

(B) provided to:

(i) the court;

(ii) the parties to the suit;

(iii) the parties' attorneys; and

(iv) any other person appointed under this chapter by the court in the suit.

(2) "Child custody evaluator" means a person who conducts a child custody evaluation under this subchapter. The term includes a private child custody evaluator.

(3) "Department" means the Department of Family and Protective Services.

(4) "Private child custody evaluator" means a person conducting a child custody evaluation who is not conducting the evaluation as an employee of or contractor with a domestic relations office.

(5) "Supervision" means the regular review of and consultation with a person. Supervision does not require the constant physical presence of the person providing supervision.

Sec. 107.102. APPLICABILITY. (a) For purposes of this subchapter, a child custody evaluation does not include services provided in accordance with the Interstate Compact on the Placement of Children adopted under Subchapter B, Chapter 162.

(b) This subchapter does not apply to a suit to which the department is a party.

Sec. 107.103. ORDER FOR CHILD CUSTODY EVALUATION. (a) The court may order in a suit the preparation of a child custody evaluation concerning:

(1) a child who is at issue in the suit;

(2) a party to the suit;

(3) the home of any person requesting conservatorship of, possession of, or access to a child who is at issue in the suit; or

(4) any issue or question relating to the suit and requested by the court or agreed to by the parties to the suit before or during the evaluation process.

(b) An order for a child custody evaluation must include:

(1) the name of each person, including an entity, who will conduct the evaluation;

(2) the purpose of the evaluation; and

(3) the specific issues or questions to be addressed in the evaluation.

(c) Except as provided by Section 107.106, each person who conducts a child custody evaluation must be qualified under Section 107.105.

(d) The department may not conduct a child custody evaluation.

Sec. 107.104. REQUIREMENTS OF CHILD CUSTODY EVALUATION. (a) A child custody evaluator shall:

(1) review relevant information obtained from collateral sources;

(2) review relevant school records;

(3) review relevant physical and mental health records of each party to the suit and each child who is at issue in the suit;

(4) review relevant records of the department, including those maintained as part of the central registry established under Section 261.002, and law enforcement agencies relating to each child who is at issue in the suit, each party to the suit, and each person who lives with a party to the suit;

(5) interview each adult living in a home that is the subject of the evaluation;

(6) interview, in a developmentally appropriate manner, each child who is at issue in the suit and who is at least four years old;

(7) observe each child who is at issue in the suit, regardless of the age of the child;

(8) observe each party to the suit with each child at issue in the suit, including, as appropriate, during supervised visitation, unless contact between a party and a child is prohibited by court order or the person conducting the evaluation has good cause for not making the observation and states the good cause in writing provided to the parties to the suit before the completion of the evaluation;

(9) assess the relationship between each child at issue in the suit and each party seeking possession of or access to the child; and

(10) complete any other tasks ordered by the court or agreed to by the parties.

(b) In addition to the requirements of a child custody evaluation in Subsection (a), a court issuing an order for an evaluation may order the child custody evaluator to:

(1) visit the home of a party to the suit;

(2) conduct a joint interview of the parties to the suit;

(3) observe a child who is at issue in the suit with each adult who lives in the home that is the subject of the evaluation;

(4) interview or observe a child who is not at issue in the suit but who lives on a full-time or part-time basis in the home that is the subject of the evaluation;

(5) conduct valid and reliable psychometric testing; or

(6) review any other information that the court determines is relevant.

Sec. 107.105. CHILD CUSTODY EVALUATOR: MINIMUM QUALIFICATIONS. (a) In this section:

(1) "Full-time experience" means a period during which a person works at least 30 hours per week.

(2) "Human services field of study" means a field of study designed to prepare a person in the disciplined application of counseling, family therapy, psychology, or social work values, principles, and methods.

(b) To be qualified to conduct a child custody evaluation, a person must:

(1) have at least a master's degree from an accredited college or university in a human services field of study and a license to practice in this state as a social worker, professional counselor, marriage and family therapist, or psychologist and:

(A) after completing the degree required under this subdivision, have two years of full-time experience or equivalent part-time experience under professional supervision during which the person performed functions involving the evaluation of physical, intellectual, social, and psychological functioning and needs and the potential of the social and physical environment, both present and prospective, to meet those needs; and

(B) after obtaining the license required under this subdivision, have participated in the performance of at least 10 court-ordered child custody evaluations under the supervision of a person qualified under this section;

(2) have graduated from medical school and be licensed to practice medicine in this state and board certified in psychiatry and:

(A) after completing medical school, have two years of full-time experience or equivalent part-time experience under professional supervision during which the person performed functions involving the evaluation of physical, intellectual, social, and psychological functioning and needs and the potential of the social and physical environment, both present and prospective, to meet those needs; and

(B) after obtaining the license and certification required under this subdivision, have participated in the performance of at least 10 court-ordered child custody evaluations under the supervision of a person qualified under this section;

(3) meet the requirements of Subdivision (1)(A) or (2)(A) and be practicing under the direct supervision of a person qualified under this section to complete at least 10 court-ordered child custody evaluations under supervision; or

(4) be employed by or under contract with a domestic relations office, provided that the person conducts child custody evaluations relating only to families ordered to participate in child custody evaluations conducted by that office.

(c) In addition to the other qualifications prescribed by this section, a person must complete at least eight hours of family violence dynamics training provided by a family violence service provider to be qualified to conduct a child custody evaluation.

(d) In addition to the other qualifications prescribed by this section, a person who conducts a child custody evaluation as an employee of or contractor with a domestic relations office must meet any qualifications required by that office.

Sec. 107.106. EXCEPTION TO QUALIFICATIONS REQUIRED TO CONDUCT CHILD CUSTODY EVALUATION. In a county with a population of less than 500,000, if a court finds that a qualified person, including an entity, is not available to conduct a child custody evaluation in a timely manner, the court may authorize a person, including an entity, the court determines to be otherwise qualified to conduct the evaluation if the parties to the suit agree to the appointment in writing.

Sec. 107.107. PRIVATE CHILD CUSTODY EVALUATOR: SPECIALIZED KNOWLEDGE. A private child custody evaluator must demonstrate to the court that the evaluator has sufficient specialized knowledge, education, and training to conduct a child custody evaluation. In making that demonstration, the evaluator must demonstrate that the evaluator has completed at least 40 hours of education and training on the following topics:

(1) the psychological and developmental needs of a child, specifically as those needs relate to decisions about conservatorship of, possession of, and access to the child;

(2) family dynamics, including parent-child relationships, blended families, and extended family relationships;

(3) the effects of divorce, domestic violence, abuse and neglect, substance abuse, and parental conflict on the psychological and developmental needs of a child;

(4) interviewing and assessing adults, children, and infants;

(5) gathering information from collateral sources;

(6) collecting and assessing data;

(7) recognizing the limits of the reliability and validity of data;

(8) addressing issues relating to mental health, medication use, and physical and learning disabilities;

(9) applying to all parties comparable interview, assessment, and testing procedures that meet generally accepted clinical, diagnostic, forensic, scientific, and professional standards;

(10) consulting with additional experts as needed;

(11) assessing parenting capacity and constructing effective parenting plans;

(12) ethical standards relating to a child custody evaluator's professional license and other applicable professional guidelines;

(13) the legal standards and processes applicable in a suit;

(14) understanding the distinctions in the roles of evaluator, mediator, therapist, consulting expert, testifying expert, parenting coordinator, and parenting facilitator;

(15) writing reports and making recommendations;

(16) mandatory reporting requirements and limitations on confidentiality;

(17) preparing for and testifying at a court proceeding;

(18) maintaining professional neutrality and objectivity when conducting a child custody evaluation; and

(19) the importance of assessing the health, safety, welfare, and best interest of a child.

Sec. 107.108. CHILD CUSTODY EVALUATOR: CONFLICTS OF INTEREST AND BIAS. (a) Before accepting appointment as a child custody evaluator in a suit, a person must disclose to the court, each attorney for a party to the suit, any attorney for a child who is at issue in the suit, and any party to the suit who does not have an attorney:

(1) any conflict of interest that the person believes that the person has with a party to the suit or a child who is at issue in the suit;

(2) any previous knowledge that the person has of a party to the suit or a child who is at issue in the suit;

(3) any pecuniary relationship that the person believes that the person has with an attorney in the suit;

(4) any relationship of confidence or trust that the person believes that the person has with an attorney in the suit; and

(5) any other information relating to the person's relationship with an attorney in the suit that a reasonable, prudent person would believe would affect the ability of the person to act impartially in conducting a child custody evaluation.

(b) The court may not appoint a person as a child custody evaluator in a suit if the person makes any of the disclosures in Subsection (a) unless:

(1) the court finds that:

(A) the person has no conflict of interest with a party to the suit or a child who is at issue in the suit;

(B) the person's previous knowledge of a party to the suit or a child who is at issue in the suit is not relevant;

(C) the person does not have a pecuniary relationship with an attorney in the suit; and

(D) the person does not have a relationship of trust or confidence with an attorney in the suit; or

(2) the parties and any attorney for a child who is at issue in the suit agree in writing to the person's appointment as the child custody evaluator.

(c) After being appointed as a child custody evaluator in a suit, a person shall immediately disclose to the court, each attorney for a party to the suit, any attorney for a child who is at issue in the suit, and any party to the suit who does not have an attorney any discovery of:

(1) a conflict of interest that the person believes that the person has with a party to the suit or a child who is at issue in the suit; and

(2) previous knowledge that the person has of a party to the suit or a child who is at issue in the suit.

(d) A person shall resign from the person's appointment as a child custody evaluator in a suit if the person makes any of the disclosures in Subsection (c) unless:

(1) the court finds that:

(A) the person has no conflict of interest with a party to the suit or a child who is at issue in the suit; and

(B) the person's previous knowledge of a party to the suit or a child who is at issue in the suit is not relevant; or

(2) the parties and any attorney for a child who is at issue in the suit agree in writing to the person's continued appointment as the child custody evaluator.

(e) A person may not be appointed as a child custody evaluator in a suit if the person has worked in a professional capacity with a party to the suit, a child who is at issue in the suit, or a member of the party's or child's family who is involved in the suit. This subsection does not apply to a person who has worked in a professional capacity with a party, a child, or a member of the party's or child's family only as a teacher of parenting skills in a group setting. For purposes of this subsection, "family" has the meaning assigned by Section 71.003.

Sec. 107.109. COMMUNICATIONS AND RECORDKEEPING OF CHILD CUSTODY EVALUATOR. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a child custody evaluator, a communication made by a participant in a child custody evaluation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence.

(b) A child custody evaluator shall:

(1) keep a detailed record of interviews that the evaluator conducts, observations that the evaluator makes, and substantive interactions that the evaluator has as part of a child custody evaluation; and

(2) maintain the evaluator's records consistent with applicable laws, including rules.

(c) Except for records obtained from the department in accordance with Section 107.114, a private child custody evaluator shall, after completion of an evaluation and preparation of a child custody evaluation report under Section 107.110, make available in a reasonable time the evaluator's records relating to the evaluation on the written request of an attorney for a party, a party who does not have an attorney, and any person appointed under this chapter in the suit in which the evaluator conducted the evaluation, unless a court has issued an order restricting disclosure of the records.

(d) Except for records obtained from the department in accordance with Section 107.114, records relating to a child custody evaluation conducted by an employee of or contractor with a domestic relations office shall, after completion of the evaluation and preparation of a child custody evaluation report under Section 107.110, be made available on written request according to the local rules and policies of the office.

(e) A person, including an entity, maintaining records subject to disclosure under this section may charge a reasonable fee for producing the records before copying the records.

(f) A private child custody evaluator shall retain all records relating to a child custody evaluation conducted by the evaluator until the later of the seventh anniversary of the date the evaluator filed the child custody evaluation report prepared under Section 107.110 with the court or the ending date of the period adopted by the licensing authority that issues the professional license held by the evaluator.

(g) A domestic relations office shall retain records relating to a child custody evaluation conducted by a child custody evaluator acting as an employee of or contractor with the office for the retention period established by the office.

(h) A person who participates in a child custody evaluation is not a patient as that term is defined by Section 611.001(1), Health and Safety Code.

Sec. 107.110. CHILD CUSTODY EVALUATION REPORT REQUIRED. (a) For each child custody evaluation, the child custody evaluator who conducted the evaluation shall prepare a report containing the evaluator's findings, opinions, recommendations, and answers to specific questions asked by the court relating to the evaluation.

(b) A report prepared under this section must include the name, license number, and basis for qualification of each child custody evaluator who conducted any portion of the evaluation.

Sec. 107.111. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF CHILD CUSTODY EVALUATOR AND PREPARATION OF REPORT. (a) Unless otherwise directed by a court or prescribed by this subchapter, a child custody evaluator's actions in conducting a child custody evaluation must be in conformance with the professional standard of care applicable to the evaluator's licensure and any administrative rules, ethical standards, or guidelines adopted by the licensing authority that licenses the evaluator.

(b) In addition to the requirements prescribed by this subchapter, a court may impose requirements or adopt local rules applicable to a child custody evaluation or a child custody evaluator.

(c) A child custody evaluator shall follow evidence-based practice methods and make use of current best evidence in making assessments and recommendations.

(d) A child custody evaluator shall disclose to each attorney of record any communication regarding a substantive issue between the evaluator and an attorney of record representing a party in a disputed suit. This subsection does not apply to a communication between a child custody evaluator and an amicus attorney.

(e) To the extent possible, a child custody evaluator shall conduct interviews and make observations in a balanced manner so that if the evaluator interviews and observes a child at issue in the suit while in the care of one party to the suit, the evaluator also interviews and observes the child while in the care of the other parties to the suit.

(f) To the extent possible, a child custody evaluator shall verify each statement of fact pertinent to a child custody evaluation and shall note the sources of verification and information in the child custody evaluation report prepared under Section 107.110.

(g) A child custody evaluator shall state the basis for and the sources of the evaluator's conclusions or recommendations in the child custody evaluation report prepared under Section 107.110.

(h) A child custody evaluation must be conducted in compliance with this subchapter, regardless of whether the evaluation is conducted by a single child custody evaluator or multiple evaluators working separately or together.

Sec. 107.112. INTRODUCTION AND PROVISION OF CHILD CUSTODY EVALUATION REPORT. (a) Disclosure to the court or jury of the contents of a child custody evaluation report prepared under Section 107.110 is subject to the rules of evidence.

(b) Unless the court has issued an order restricting disclosure, a private child custody evaluator shall provide to the attorneys of the parties to a suit, any party who does not have an attorney, and any other person appointed by the court under this chapter in the suit a copy of the child custody evaluation report before the earlier of:

(1) the seventh day after the date the child custody report is completed; or

(2) the 30th day before the date of the commencement of the trial, if applicable.

(c) A child custody evaluator who conducts a child custody evaluation as an employee of or contractor with a domestic relations office shall furnish to the attorneys of the parties to a suit and any person appointed in the suit under this chapter a copy of the child custody evaluation report in the time frame provided by Subsection (b). The evaluator shall provide a copy of the report to a party to the suit only as provided by the local rules and policies of the office or by a court order.

(d) A trial in a suit in which a child custody evaluation is conducted may not begin before the 30th day after the date the child custody evaluator provides copies of the child custody evaluation report as provided by this section unless the parties to the suit agree to an earlier date.

Sec. 107.113. CHILD CUSTODY EVALUATION FEE. If the court orders a child custody evaluation to be conducted, the court shall award the person, including an entity, appointed as the child custody evaluator a reasonable fee for the performance of the evaluation that shall be imposed in the form of a money judgment and paid directly to the evaluator. The evaluator may enforce the judgment for the fee by any means available under law for civil judgments.

Sec. 107.114. CHILD CUSTODY EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT; OFFENSE. (a) A child custody evaluator is entitled to obtain from the department a complete, unredacted copy of any investigative record regarding abuse or neglect that relates to any person residing in the residence subject to the child custody evaluation.

(b) Except as provided by this section, records obtained by a child custody evaluator from the department under this section are confidential and not subject to disclosure under Chapter 552, Government Code, or to disclosure in response to a subpoena or a discovery request.

(c) A child custody evaluator may disclose information obtained under Subsection (a) in the child custody evaluation report prepared under Section 107.110 only to the extent the evaluator determines that the information is relevant to the child custody evaluation or a recommendation made under this subchapter.

(d) A person commits an offense if the person discloses confidential information obtained from the department in violation of this section. An offense under this subsection is a Class A misdemeanor.

ARTICLE 2. ADOPTION EVALUATION

SECTION 2.01. Chapter 107, Family Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. ADOPTION EVALUATION

Sec. 107.151. DEFINITIONS. In this subchapter:

(1) "Adoption evaluation" means a pre-placement or post-placement evaluative process through which information and recommendations regarding adoption of a child may be made to the court, the parties, and the parties' attorneys.

(2) "Adoption evaluator" means a person who conducts an adoption evaluation under this subchapter.

(3) "Department" means the Department of Family and Protective Services.

(4) "Supervision" means the regular review of and consultation with a person. Supervision does not require the constant physical presence of the person providing supervision.

Sec. 107.152. APPLICABILITY. (a) For purposes of this subchapter, an adoption evaluation does not include services provided in accordance with the Interstate Compact on the Placement of Children adopted under Subchapter B, Chapter 162.

(b) This subchapter does not apply to the pre-placement and post-placement parts of an adoption evaluation conducted by a licensed child-placing agency or the department.

(c) The pre-placement and post-placement parts of an adoption evaluation conducted by a licensed child-placing agency or the department are governed by rules adopted by the executive commissioner of the Health and Human Services Commission.

(d) In a case involving a licensed child-placing agency or the department, a licensed child-placing agency or the department shall conduct the pre-placement and post-placement parts of the adoption evaluation and file reports on those parts with the court before the court renders a final order of adoption.

(e) A court may appoint the department to conduct the pre-placement and post-placement parts of an adoption evaluation in a suit only if the department is:

(1) a party to the suit; or

(2) the managing conservator of the child who is the subject of the suit.

Sec. 107.153. ORDER FOR ADOPTION EVALUATION. (a) The court shall order the performance of an adoption evaluation to evaluate each party who requests termination of the parent-child relationship or an adoption in a suit for:

(1) termination of the parent-child relationship in which a person other than a parent may be appointed managing conservator of a child; or

(2) an adoption.

(b) The adoption evaluation required under Subsection (a) must include an evaluation of the circumstances and the condition of the home and social environment of any person requesting to adopt a child who is at issue in the suit.

(c) The court may appoint a qualified individual, a qualified private entity, or a domestic relations office to conduct the adoption evaluation.

(d) Except as provided by Section 107.157, a person who conducts an adoption evaluation must be qualified under Section 107.156.

Sec. 107.154. REQUIREMENTS FOR PRE-PLACEMENT PART OF ADOPTION EVALUATION. (a) The costs of the pre-placement part of an adoption evaluation in a suit for adoption must be paid by the prospective adoptive parent.

(b) Unless otherwise agreed to by the court, the pre-placement part of an adoption evaluation must comply with the minimum requirements for the pre-placement part of an adoption evaluation under rules adopted by the executive commissioner of the Health and Human Services Commission.

Sec. 107.155. REQUIREMENTS FOR POST-PLACEMENT PART OF ADOPTION EVALUATION. (a) An adoption evaluator shall file with the court a report containing the person's findings and conclusions made after a child who is at issue in the suit to which the subject of the evaluation is a party begins residence in a prospective adoptive home.

(b) The report required under Subsection (a) must be filed with the court before the court renders a final order of adoption.

(c) Unless otherwise agreed to by the court, the post-placement part of an adoption evaluation must comply with the minimum requirements for the post-placement part of an adoption evaluation under rules adopted by the executive commissioner of the Health and Human Services Commission.

(d) In a suit filed after a child who is at issue in the suit begins residence in a prospective adoptive home, the report required under this section and the adoption evaluation report required under Section 107.161 may be combined in a single report.

Sec. 107.156. ADOPTION EVALUATOR: MINIMUM QUALIFICATIONS. (a) In this section:

(1) "Full-time experience" means a period during which a person works at least 30 hours per week.

(2) "Human services field of study" means a field of study designed to prepare a person in the disciplined application of counseling, family therapy, psychology, or social work values, principles, and methods.

(b) To be qualified to conduct an adoption evaluation, a person must:

(1) have a degree from an accredited college or university in a human services field of study and a license to practice in this state as a social worker, professional counselor, marriage and family therapist, or psychologist and:

(A) have one year of full-time experience working at a child-placing agency conducting child-placing activities; or

(B) be practicing under the direct supervision of a person qualified under this section to conduct adoption evaluations;

(2) be employed by a domestic relations office, provided that the person conducts adoption evaluations relating only to families ordered to participate in adoption evaluations conducted by the office; or

(3) be qualified as a child custody evaluator under Section 107.105.

(c) In addition to the other qualifications prescribed by this section, a person must complete at least eight hours of family violence dynamics training provided by a family violence service provider to be qualified to conduct an adoption evaluation.

Sec. 107.157. EXCEPTION TO QUALIFICATIONS REQUIRED TO CONDUCT ADOPTION EVALUATION. If a court finds that a qualified person is not available to conduct an adoption evaluation in the county in which the court presides, the court may authorize a person the court determines to be otherwise qualified to conduct the evaluation.

Sec. 107.158. ADOPTION EVALUATOR: CONFLICTS OF INTEREST AND BIAS. (a) Before accepting appointment as an adoption evaluator in a suit, a person must disclose to the court, each attorney for a party to the suit, any attorney for a child who is at issue in the suit, and any party to the suit who does not have an attorney:

(1) any conflict of interest that the person believes that the person has with a party to the suit or a child who is at issue in the suit;

(2) any previous knowledge that the person has of a party to the suit or a child who is at issue in the suit;

(3) any pecuniary relationship that the person believes that the person has with an attorney in the suit;

(4) any relationship of confidence or trust that the person believes that the person has with an attorney in the suit; and

(5) any other information relating to the person's relationship with an attorney in the suit that a reasonable, prudent person would believe would affect the ability of the person to act impartially in conducting an adoption evaluation.

(b) The court may not appoint a person as an adoption evaluator in a suit if the person makes any of the disclosures in Subsection (a) unless:

(1) the court finds that:

(A) the person has no conflict of interest with a party to the suit or a child who is at issue in the suit;

(B) the person's previous knowledge of a party to the suit or a child who is at issue in the suit is not relevant;

(C) the person does not have a pecuniary relationship with an attorney in the suit; and

(D) the person does not have a relationship of trust or confidence with an attorney in the suit; or

(2) the parties and any attorney for a child who is at issue in the suit agree in writing to the person's appointment as the adoption evaluator.

(c) After being appointed as an adoption evaluator in a suit, a person shall immediately disclose to the court, each attorney for a party to the suit, any attorney for a child who is at issue in the suit, and any party to the suit who does not have an attorney any discovery of:

(1) a conflict of interest that the person believes that the person has with a party to the suit or a child who is at issue in the suit; and

(2) previous knowledge that the person has of a party to the suit or a child who is at issue in the suit.

(d) A person shall resign from the person's appointment as an adoption evaluator in a suit if the person makes any of the disclosures in Subsection (c) unless:

(1) the court finds that:

(A) the person has no conflict of interest with a party to the suit or a child who is at issue in the suit; and

(B) the person's previous knowledge of a party to the suit or a child who is at issue in the suit is not relevant; or

(2) the parties and any attorney for a child who is at issue in the suit agree in writing to the person's continued appointment as the adoption evaluator.

(e) A person may not be appointed as an adoption evaluator in a suit if the person has worked in a professional capacity with a party to the suit, a child who is at issue in the suit, or a member of the party's or child's family who is involved in the suit. This subsection does not apply to a person who has worked in a professional capacity with a party, a child, or a member of the party's or child's family only as a teacher of parenting skills in a group setting. For purposes of this subsection, "family" has the meaning assigned by Section 71.003.

Sec. 107.159. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF ADOPTION EVALUATOR AND PREPARATION OF REPORTS. (a) Unless otherwise directed by a court or prescribed by this subchapter, an adoption evaluator's actions in conducting an adoption evaluation must be in conformance with the professional standard of care applicable to the evaluator's licensure and any administrative rules, ethical standards, or guidelines adopted by the licensing authority that licenses the evaluator.

(b) In addition to the requirements prescribed by this subchapter, a court may impose requirements or adopt local rules applicable to an adoption evaluation or an adoption evaluator.

(c) An adoption evaluator shall follow evidence-based practice methods and make use of current best evidence in making assessments and recommendations.

(d) An adoption evaluator shall disclose to each attorney of record any communication regarding a substantive issue between the evaluator and an attorney of record representing a party in a disputed suit. This subsection does not apply to a communication between an adoption evaluator and an amicus attorney.

(e) To the extent possible, an adoption evaluator shall verify each statement of fact pertinent to an adoption evaluation and shall note the sources of verification and information in any report prepared on the evaluation.

(f) An adoption evaluator shall state the basis for the evaluator's conclusions or recommendations in any report prepared on the evaluation.

(g) Any report prepared on an adoption evaluation must include the name, license number, and basis for qualification of each adoption evaluator who conducted any portion of the evaluation.

Sec. 107.160. REPORTING CERTAIN PLACEMENTS FOR ADOPTION. An adoption evaluator shall report to the department any adoptive placement that appears to have been made by someone other than a licensed child-placing agency or a child's parent or managing conservator.

Sec. 107.161. ADOPTION EVALUATION REPORT REQUIRED. An adoption evaluator shall file with the court a report containing the evaluator's findings and conclusions relating to the evaluation. The report must be filed before the court renders a final order for termination of the parent-child relationship. The report shall be made a part of the record of the suit.

Sec. 107.162. PROSPECTIVE ADOPTIVE PARENTS ENTITLED TO RECEIVE COPY OF ADOPTION EVALUATION REPORT. In a suit for adoption, a copy of the report prepared under Section 107.161 must be made available to the prospective adoptive parents before the court renders a final order of adoption.

Sec. 107.163. INTRODUCTION AND PROVISION OF ADOPTION EVALUATION REPORT AND TESTIMONY RELATING TO ADOPTION EVALUATION. (a) Disclosure to the jury of the contents of an adoption evaluation report prepared under Section 107.161 is subject to the rules of evidence.

(b) The court may compel the attendance of witnesses necessary for the proper disposition of a suit, including a representative of an agency that conducts an adoption evaluation, who may be compelled to testify.

Sec. 107.164. ADOPTION EVALUATION FEE. If the court orders an adoption evaluation to be conducted, the court shall award the adoption evaluator a reasonable fee for the performance of the evaluation that shall be imposed in the form of a money judgment and paid directly to the evaluator. The evaluator may enforce the judgment for the fee by any means available under law for civil judgments.

Sec. 107.165. ADOPTION EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT; OFFENSE. (a) An adoption evaluator is entitled to obtain from the department a complete, unredacted copy of any investigative record regarding abuse or neglect that relates to any person residing in the residence subject to the adoption evaluation.

(b) Except as provided by this section, records obtained by an adoption evaluator from the department under this section are confidential and not subject to disclosure under Chapter 552, Government Code, or to disclosure in response to a subpoena or a discovery request.

(c) An adoption evaluator may disclose information obtained under Subsection (a) in the adoption evaluation report prepared under Section 107.161 only to the extent the evaluator determines that the information is relevant to the adoption evaluation or a recommendation made under this subchapter.

(d) A person commits an offense if the person discloses confidential information obtained from the department in violation of this section. An offense under this subsection is a Class A misdemeanor.

ARTICLE 3. TESTIMONY IN SUITS AFFECTING THE PARENT-CHILD

RELATIONSHIP

SECTION 3.01. Chapter 104, Family Code, is amended by adding Section 104.008 to read as follows:

Sec. 104.008. CERTAIN TESTIMONY PROHIBITED. (a) A person may not offer an expert opinion relating to the conservatorship of or possession of or access to a child at issue in a suit unless the person:

(1) is appointed as the child's guardian ad litem or attorney ad litem or is appointed as an amicus attorney under Subchapter A, Chapter 107; or

(2) has conducted a child custody evaluation relating to the child under Subchapter E, Chapter 107.

(b) In a disputed suit, a mental health professional may not make a recommendation regarding the conservatorship of or possession of or access to a child at issue in the suit unless the mental health professional:

(1) is appointed as the child's guardian ad litem or attorney ad litem or is appointed as an amicus attorney under Subchapter A, Chapter 107; or

(2) has conducted a child custody evaluation relating to the child under Subchapter E, Chapter 107, and has evaluated all of the parties to the suit.

(c) In a disputed suit, a mental health professional may provide other relevant information and opinions, other than those prohibited by Subsection (b), relating to any party that the mental health professional has evaluated.

(d) This section does not apply to a suit in which the Department of Family and Protective Services is a party.

ARTICLE 4. CONFORMING AMENDMENTS RELATING TO CHILD CUSTODY

EVALUATIONS AND ADOPTION EVALUATIONS

SECTION 4.01. The heading to Chapter 107, Family Code, is amended to read as follows:

CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND

ADOPTION EVALUATIONS [AND SOCIAL STUDIES]

SECTION 4.02. Section 153.605(d), Family Code, is amended to read as follows:

(d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody [or social study] evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter.

SECTION 4.03. Section 162.0025, Family Code, is amended to read as follows:

Sec. 162.0025. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER. In a suit for adoption, the fact that a petitioner is a member of the armed forces of the United States, a member of the Texas National Guard or the National Guard of another state, or a member of a reserve component of the armed forces of the United States may not be considered by the court, or any person performing an adoption evaluation [a social study] or home screening, as a negative factor in determining whether the adoption is in the best interest of the child or whether the petitioner would be a suitable parent.

SECTION 4.04. Section 162.003, Family Code, is amended to read as follows:

Sec. 162.003. ADOPTION EVALUATION [PRE-ADOPTIVE AND POST-PLACEMENT SOCIAL STUDIES]. In a suit for adoption, an adoption evaluation [pre-adoptive and post-placement social studies] must be conducted as provided in Chapter 107.

SECTION 4.05. Section 162.0045, Family Code, is amended to read as follows:

Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant a motion for a preferential setting for a final hearing on an adoption and shall give precedence to that hearing over all other civil cases not given preference by other law if the adoption evaluation [social study] has been filed and the criminal history for the person seeking to adopt the child has been obtained.

SECTION 4.06. Section 203.004(a), Family Code, is amended to read as follows:

(a) A domestic relations office may:

(1) collect and disburse child support payments that are ordered by a court to be paid through a domestic relations registry;

(2) maintain records of payments and disbursements made under Subdivision (1);

(3) file a suit, including a suit to:

(A) establish paternity;

(B) enforce a court order for child support or for possession of and access to a child; and

(C) modify or clarify an existing child support order;

(4) provide an informal forum in which alternative dispute resolution is used to resolve disputes under this code;

(5) prepare a court-ordered child custody evaluation or adoption evaluation [social study] under Chapter 107;

(6) represent a child as an amicus attorney, an attorney ad litem, or a guardian ad litem in a suit in which:

(A) termination of the parent-child relationship is sought; or

(B) conservatorship of or access to a child is contested;

(7) serve as a friend of the court;

(8) provide predivorce counseling ordered by a court;

(9) provide community supervision services under Chapter 157;

(10) provide information to assist a party in understanding, complying with, or enforcing the party's duties and obligations under Subdivision (3);

(11) provide, directly or through a contract, visitation services, including supervision of court-ordered visitation, visitation exchange, or other similar services;

(12) issue an administrative writ of withholding under Subchapter F, Chapter 158; and

(13) provide parenting coordinator services under Chapter 153.

SECTION 4.07. Section 203.005(a), Family Code, is amended to read as follows:

(a) The administering entity may authorize a domestic relations office to assess and collect:

(1) an initial operations fee not to exceed $15 to be paid to the domestic relations office on each filing of an original suit, motion for modification, or motion for enforcement;

(2) in a county that has a child support enforcement cooperative agreement with the Title IV-D agency, an initial child support service fee not to exceed $36 to be paid to the domestic relations office on the filing of an original suit;

(3) a reasonable application fee to be paid by an applicant requesting services from the office;

(4) a reasonable attorney's fee and court costs incurred or ordered by the court;

(5) a monthly service fee not to exceed $3 to be paid annually in advance by a managing conservator and possessory conservator for whom the domestic relations office provides child support services;

(6) community supervision fees as provided by Chapter 157 if community supervision officers are employed by the domestic relations office;

(7) a reasonable fee for preparation of a court-ordered child custody evaluation or adoption evaluation [social study];

(8) in a county that provides visitation services under Sections 153.014 and 203.004 a reasonable fee to be paid to the domestic relations office at the time the visitation services are provided;

(9) a fee to reimburse the domestic relations office for a fee required to be paid under Section 158.503(d) for filing an administrative writ of withholding;

(10) a reasonable fee for parenting coordinator services; and

(11) a reasonable fee for alternative dispute resolution services.

SECTION 4.08. Section 411.1285(c), Government Code, is amended to read as follows:

(c) Criminal history record information requested under this section, including information included in a report of a child custody evaluation or adoption evaluation [social study] filed under Chapter 107 [Section 107.054], Family Code, may not be released or disclosed by a domestic relations office to a person other than the court ordering the child custody evaluation or adoption evaluation [social study] except on court order or with the consent of the person who is the subject of the criminal history record information.

SECTION 4.09. Section 152.06331(f), Human Resources Code, is amended to read as follows:

(f) Fees for the preparation of a court-ordered child custody evaluation or adoption evaluation [social study] or any other services provided by the domestic relations office, other than services related to the collection of child support, must be reasonable and imposed on a sliding scale according to the financial resources of the parties using the services.

ARTICLE 5. REPEALER

SECTION 5.01. Subchapter D, Chapter 107, Family Code, is repealed.

ARTICLE 6. TRANSITION AND EFFECTIVE DATE

SECTION 6.01. (a) Not later than September 1, 2014, the Texas State Board of Examiners of Psychologists, the Texas State Board of Examiners of Professional Counselors, the Texas State Board of Social Worker Examiners, the Texas State Board of Examiners of Marriage and Family Therapists, and the Texas Medical Board shall adopt any rules necessary for license holders to comply with the requirements of Subchapters E and F, Chapter 107, Family Code, as added by this Act, and specifying that a person licensed by any of the boards is subject to the rules of the board that licensed the person when appointed by a court to conduct a child custody evaluation or adoption evaluation under Subchapter E or F, Chapter 107, Family Code, as added by this Act. The rules adopted under this subsection must:

(1) specify that any complaints relating to the outcome of a child custody evaluation or adoption evaluation conducted by a person licensed by any of the boards must be reported to the court that ordered the evaluation instead of to the board that licensed the person; and

(2) require that license holders receive notice that the disclosure of confidential information in violation of Section 107.114 or 107.165, Family Code, as added by this Act, is grounds for disciplinary action.

(b) As soon as possible after the effective date of this Act, the Texas State Board of Examiners of Psychologists, the Texas State Board of Examiners of Professional Counselors, and the Texas State Board of Examiners of Marriage and Family Therapists shall adopt rules prohibiting a psychological associate, a licensed specialist in school psychology, a provisionally licensed psychologist, a licensed professional counselor intern, and a licensed marriage and family therapist associate from conducting a child custody evaluation under Subchapter E, Chapter 107, Family Code, as added by this Act, unless the person is otherwise qualified to conduct the evaluation.

(c) As soon as possible after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules prohibiting a licensed chemical dependency counselor from conducting a child custody evaluation as a child custody evaluator under Subchapter E, Chapter 107, Family Code, as added by this Act, unless the person is otherwise qualified to conduct the evaluation or is appointed by a court to conduct the evaluation under Section 107.106, Family Code, as added by this Act.

(d) Not later than September 1, 2014, the executive commissioner of the Health and Human Services Commission shall adopt any rules necessary to implement Subchapter F, Chapter 107, Family Code, as added by this Act. Subchapter F, Chapter 107, Family Code, as added by this Act, applies to an adoption evaluation ordered by a court on or after September 1, 2014, or the date the executive commissioner adopts rules under this subsection, whichever occurs first. An adoption evaluation, pre-adoptive social study, or post-placement adoptive social study ordered by a court before that date is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 6.02. Notwithstanding any other law, a person shall be qualified to conduct a child custody evaluation under Section 107.105(b)(1) or (2), Family Code, as added by this Act, or an adoption evaluation under Section 107.156(b)(3), Family Code, as added by this Act, without satisfying the supervision requirements of Section 107.105(b)(1)(B) or (2)(B) if, on or before the effective date of this Act, the person completes at least 10 social studies or other child custody evaluations ordered by a court in suits affecting the parent-child relationship.

SECTION 6.03. The changes in law made by this Act apply to a suit affecting the parent-child relationship that is pending in a court on the effective date of this Act or that is filed on or after that date.

SECTION 6.04. This Act takes effect September 1, 2013.