83R2566 EES-F
 
  By: West S.B. No. 1245
 
 
 
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. (a) In this subchapter:
               (1)  "Child custody evaluation" means an evaluative
  process ordered by a court in a suit 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.
         (b)  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, or an evaluation conducted in accordance
  with Section 262.114 by an employee of or contractor with the
  department.
         Sec. 107.102.  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 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 107.105, each person who
  conducts a child custody evaluation must be qualified under Section
  107.104.
         (d)  The department may not conduct a child custody
  evaluation.
         Sec. 107.103.  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 the home that is the
  subject of the evaluation, if applicable;
               (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, if applicable; 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 psychological testing;
  or
               (6)  review any other information that the court
  determines is relevant.
         Sec. 107.104.  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 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. 107.105.  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 is not
  available to conduct a child custody evaluation in a timely manner,
  the court may authorize a person the court determines to be
  otherwise qualified to conduct the evaluation if the parties to the
  suit agree to the appointment in writing.
         Sec. 107.106.  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. 107.107.  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)  An 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. 107.108.  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 keep a detailed record
  regarding interviews that the evaluator conducts, observations
  that the evaluator makes, and substantive interactions that the
  evaluator has as part of a child custody evaluation.
         (c)  Except for information the disclosure of which is
  governed by Section 261.201(f-2) or the disclosure of which is
  prohibited by a court order, a private child custody evaluator
  shall, after completion of an evaluation, 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, or any other person appointed by the court
  under this chapter in the suit in which the evaluator conducted the
  evaluation.
         (d)  Except for information the disclosure of which is
  governed by Section 261.201(f-2), a child custody evaluator who
  conducted a child custody evaluation as an employee of or
  contractor with a domestic relations office shall, after completion
  of the evaluation, make available the evaluator's records to the
  persons described in Subsection (c) on written request according to
  the rules and policies of the office.
         (e)  A person maintaining records subject to disclosure
  under this section may charge a reasonable fee for producing copies
  of the records.
         (f)  A private child custody evaluator shall retain 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 evaluator's report on the evaluation with the court or the
  ending date of the retention period established 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.
         Sec. 107.109.  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. 107.110.  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 107.109.
         (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 107.109.
         (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. 107.111.  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 107.109 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 provide to the attorneys of the parties to a
  suit and any other person appointed by the court in the suit under
  this chapter a copy of the child custody evaluation report in the
  manner provided by Subsection (b). The evaluator shall provide a
  copy of the report to a party to the suit as provided by the 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. 107.112.  CHILD CUSTODY EVALUATION FEE. If the court
  orders a child custody evaluation to be conducted, the court shall
  award 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. 107.113.  ACCESS TO RECORDS; OFFENSE. (a) A child
  custody evaluator is entitled to obtain from the department any
  report, record, working paper, or other information in the
  possession, custody, or control of the department, including
  information that is confidential under Section 40.005, Human
  Resources Code, or other law, that pertains to an individual who is
  a subject of the evaluation.
         (b)  Any confidential information obtained by a child
  custody evaluator under this section remains confidential, subject
  to Subsection (c), and is not subject to disclosure under Chapter
  552, Government Code, or to subpoena or discovery.
         (c)  A child custody evaluator may disclose confidential
  information obtained under this section in a child custody
  evaluation report prepared under Section 107.109 only to the extent
  that the evaluator determines that the information is relevant to
  the evaluator's recommendations in the report.
         (d)  Except as provided by Subsection (c) or by an order of
  the court that appointed the child custody evaluator, a child
  custody evaluator commits an offense if the evaluator releases or
  discloses confidential information obtained from the department
  under this section. An offense under this section 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. The term does not
  include services provided in accordance with the Interstate Compact
  on the Placement of Children adopted under Subchapter B, Chapter
  162, or an evaluation conducted in accordance with Section 262.114
  by an employee of or contractor with the department.
               (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.  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)  If the department is not a party to the suit, the court
  may appoint a qualified individual, a qualified private entity, or
  a domestic relations office to conduct the adoption evaluation. If
  the department is a party to the suit, the court may also appoint a
  state agency, including the department, to conduct the adoption
  evaluation.
         (d)  Except as provided by Section 107.156, a person who
  conducts an adoption evaluation must be qualified under Section
  107.155.
         Sec. 107.153.  REQUIREMENTS FOR PRE-PLACEMENT PART OF
  ADOPTION EVALUATION. (a) This section does not apply to the
  pre-placement part of an adoption evaluation conducted by a
  licensed child-placing agency or the department. The pre-placement
  part of an adoption evaluation conducted by a licensed
  child-placing agency or the department is governed by rules adopted
  by the executive commissioner of the Health and Human Services
  Commission, including rules adopted under Chapter 42, Human
  Resources Code.
         (b)  Except as provided by Subsection (f), a person who
  conducts an adoption evaluation must file with the court a report
  containing the person's findings and conclusions made before 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.
         (c)  The report required under Subsection (b) must be filed
  with the court before the court renders a final order for
  termination of the parent-child relationship.
         (d)  The costs of the pre-placement part of an adoption
  evaluation in a suit for adoption must be paid by the prospective
  adoptive parent.
         (e)  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.
         (f)  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 report required under Section
  107.154 may be combined in a single report.
         Sec. 107.154.  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.
         Sec. 107.155.  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)  be qualified as a child custody evaluator
  under Section 107.104;
                     (B)  have one year of full-time experience working
  at a child-placing agency conducting child-placing activities; or
                     (C)  be practicing under the direct supervision of
  a person qualified under this section to conduct adoption
  evaluations; or
               (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.
         (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. 107.156.  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. 107.157.  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. 107.158.  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. 107.159.  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. 107.160.  ADOPTION EVALUATION REPORT REQUIRED. An
  adoption evaluator shall file with the court on a date set by the
  court a report containing the evaluator's findings and conclusions
  relating to the evaluation. The report shall be made a part of the
  record of the suit.
         Sec. 107.161.  PROSPECTIVE ADOPTIVE PARENTS ENTITLED TO
  RECEIVE COPY OF ADOPTION EVALUATION REPORT. In a suit for adoption,
  a copy of the report prepared under Section 107.160 must be made
  available to the prospective adoptive parents before the court
  renders a final order of adoption.
         Sec. 107.162.  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 107.160 is subject to the
  rules of evidence.
         (b)  An adoption evaluator shall provide to the attorneys of
  the parties to a suit and any other person appointed by the court
  under this chapter in the suit a copy of the report prepared under
  Section 107.160 before the earlier of:
               (1)  the seventh day after the date the adoption
  evaluation report is completed; or
               (2)  the 30th day before the date of the commencement of
  the trial, if applicable.
         (c)  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. 107.163.  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. 107.164.  ACCESS TO RECORDS; OFFENSE. (a) An adoption
  evaluator is entitled to obtain from the department any report,
  record, working paper, or other information in the possession,
  custody, or control of the department, including information that
  is confidential under Section 40.005, Human Resources Code, or
  other law, that pertains to a person who is a subject of the
  evaluation.
         (b)  Any confidential information obtained by an adoption
  evaluator under this section remains confidential, subject to
  Subsection (c), and is not subject to disclosure under Chapter 552,
  Government Code, or to subpoena or discovery.
         (c)  An adoption evaluator may disclose confidential
  information obtained under this section in a report prepared on the
  evaluation only to the extent that the evaluator determines that
  the information is relevant to the evaluator's recommendations in
  the report.
         (d)  Except as provided by Subsection (c) or by an order of
  the court that appointed the adoption evaluator, an adoption
  evaluator commits an offense if the evaluator releases or discloses
  confidential information obtained from the department under this
  section. An offense under this section 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 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 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)  Subsection (b) does not apply to a mental health
  professional who is providing other relevant information and
  opinions relating to any party that the mental health professional
  has evaluated.
  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 261.201, Family Code, is amended by
  adding Subsection (f-2) to read as follows:
         (f-2)  Not later than the 31st day after the date the person
  makes a request for information, the department shall provide to a
  child custody evaluator or adoption evaluator appointed under
  Chapter 107 any report, record, working paper, or other information
  in the possession, custody, or control of the department that
  pertains to an individual who is a subject of the evaluation.
  Confidential information provided under this subsection remains
  confidential, and the evaluator may disclose the information only
  as provided by Section 107.113 or 107.164 or by an order of the
  court that appointed the evaluator.
         SECTION 4.09.  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 4.10.  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.
         (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 107.105, 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 Subchapters E and F, Chapter
  107, Family Code, as added by this Act, including rules that direct
  a person to report any complaints relating to the outcome of a child
  custody evaluation or adoption evaluation conducted under
  Subchapters E and F, Chapter 107, Family Code, as added by this Act,
  to the court that ordered the evaluation instead of to the licensing
  authority that issued a professional license to the person who
  conducted the evaluation.
         SECTION 6.02.  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 6.03.  This Act takes effect September 1, 2013.