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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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ARTICLE 1. CHILD CUSTODY
EVALUATION AND ADOPTION EVALUATION
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Same as introduced version.
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SECTION 1.01. The heading to
Chapter 107, Family Code, is amended.
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SECTION 1.01. Same as
introduced version.
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SECTION 1.02. The heading to
Subchapter D, Chapter 107, Family Code, is amended.
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SECTION 1.02. Same as
introduced version.
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SECTION 1.03. Section
107.0501, Family Code, is redesignated as Section 107.101, Family Code, and
amended to read as follows:
Sec. 107.101 [107.0501].
DEFINITIONS. In this subchapter:
(1) "Child custody
evaluation" ["Social study"] means an evaluative
process ordered by a court in a contested case through which
information, opinions, [and] recommendations, and answers
to specific questions asked by the court may be:
(A) made regarding:
(i) [adoption of a
child,] conservatorship of a child, including the terms and
conditions of conservatorship;
(ii) [or]
possession of or access to a child, including the terms and conditions
of possession or access; or
(iii) any other issue
affecting the best interest of a child; and
(B) [may be]
made to the [a] court, the parties to the suit, [and]
the parties' attorneys, and any other person appointed under this
chapter by the court in the suit. [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 of Family and Protective Services.]
(2) "Child custody
["Social study] evaluator" means an individual who
conducts a child custody evaluation [social study] under this
subchapter. The term includes a private child custody evaluator.
(3)
"Department" means the Department of Family and Protective
Services.
(4) "Person"
includes an agency.
(5) "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.
(6)
"Supervision" means the regular
review of and consultation with a person. The term does not require
the constant physical presence of the person providing supervision and may
include telephonic or electronic communication.
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SECTION 1.03. Section
107.0501, Family Code, is redesignated as Section 107.101, Family Code, and
amended to read as follows:
Sec. 107.101 [107.0501].
DEFINITIONS. In this subchapter:
(1) "Child custody
evaluation" ["Social study"] means an evaluative
process ordered by a court in a contested case through which
information, opinions, [and] recommendations, and answers
to specific questions asked by the court may be:
(A) made regarding:
(i) [adoption of a
child,] conservatorship of a child, including the terms and
conditions of conservatorship;
(ii) [or]
possession of or access to a child, including the terms and conditions
of possession or access; or
(iii) any other issue
affecting the best interest of a child; and
(B) [may be]
made to the [a] court, the parties to the suit, [and]
the parties' attorneys, and any other person appointed under this
chapter by the court in the suit. [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 of Family and Protective Services.]
(2) "Child custody
["Social study] evaluator" means an individual who
conducts a child custody evaluation [social study] under this
subchapter. The term includes a private child custody evaluator.
(3) "Department"
means the Department of Family and Protective Services.
(4) "Person"
includes an agency or a domestic relations
office.
(5) "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.
(6)
"Supervision" means directing,
regularly reviewing, and meeting with a person with respect to the
completion of work for which the supervisor is responsible for the outcome.
The term does not require the constant physical presence of the person
providing supervision and may include telephonic or other electronic communication.
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SECTION 1.04. Subchapter D,
Chapter 107, Family Code, is amended by adding Section 107.102 to read as
follows:
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, or an evaluation conducted in accordance with Section 262.114
by an employee of or contractor with the department.
(b) Home studies and other evaluations by the department are not
required to comply with this subchapter.
(c) The department is not required to:
(1) obtain a child custody evaluation in cases in which the
department is a party; and
(2) pay for any part of the cost of a child custody evaluation in
a case in which the department is a party, unless the department requests
the child custody evaluation.
No
equivalent provision.
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SECTION 1.04. Subchapter D,
Chapter 107, Family Code, is amended by adding Sections 107.102 and
107.1025 to read as follows:
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, or an evaluation conducted in accordance with Section 262.114
by an employee of or contractor with the department.
(b) The department may not conduct a child custody evaluation.
(c) Except as provided by Subsections (a) and (b), this subchapter
does not apply to the department or to a suit to which the department is a
party.
Sec. 107.1025. EFFECT OF
MENTAL EXAMINATION. A mental examination described by Rule 204.4, Texas
Rules of Civil Procedure, does not by itself satisfy the requirements for a
child custody evaluation under this subchapter. A mental examination may
be included in the report required under this subchapter and relied on by
the child custody evaluator to the extent the evaluator considers
appropriate under the circumstances.
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SECTION 1.05. Section
107.051, Family Code, is redesignated as Section 107.103, Family Code, and
amended to read as follows:
Sec. 107.103 [107.051].
ORDER FOR CHILD CUSTODY EVALUATION [SOCIAL STUDY]. (a) The
court, after notice and hearing, may order the preparation of a child
custody evaluation regarding:
(1) [social study
into] the circumstances and condition of:
(A) [(1)] a
child who is the subject of a suit;
(B) [or] a
party to a suit; and
(C) [(2)] the residence
[home] of any person requesting conservatorship of, possession of,
or access to a child who is the subject of the suit; and
(2) any issue or question
relating to the suit at the request of the court before or during the
evaluation process.
(b) The court may not
appoint a child custody evaluator in a suit involving a nonparent seeking
conservatorship of a child unless, after notice and hearing, the court finds
that good cause has been shown for the appointment of a child custody
evaluator [social study may be made by a private entity, a person
appointed by the court, a domestic relations office, or a state agency,
including the Department of Family and Protective Services if the
department is a party to the suit].
(c) 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 [In a suit in which
adoption is requested or conservatorship of, possession of, or access to a
child is an issue and in which a social study has been ordered and the
Department of Family and Protective Services is not a party, the court
shall appoint a private agency, another person, or a domestic relations
office to conduct the social study].
(d) Except as provided by
Section 107.106 [107.0511(b)], each individual who conducts a
child custody evaluation [social study] must be qualified
under Section 107.104 [107.0511].
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SECTION 1.05. Section
107.051, Family Code, is redesignated as Section 107.103, Family Code, and
amended to read as follows:
Sec. 107.103 [107.051].
ORDER FOR CHILD CUSTODY EVALUATION [SOCIAL STUDY]. (a) The
court, after notice and hearing or on
agreement of the parties, may order the preparation of a child
custody evaluation regarding:
(1) [social study
into] the circumstances and condition of:
(A) [(1)] a
child who is the subject of a suit;
(B) [or] a
party to a suit; and
(C) [(2)] the residence
[home] of any person requesting conservatorship of, possession of,
or access to a child who is the subject of the suit; and
(2) any issue or question
relating to the suit at the request of the court before or during the
evaluation process.
(b) The court may not
appoint a child custody evaluator in a suit involving a nonparent seeking
conservatorship of a child unless, after notice and hearing or on agreement of the parties, the court makes a specific finding that good cause
has been shown for the appointment of a child custody evaluator [social
study may be made by a private entity, a person appointed by the court, a
domestic relations office, or a state agency, including the Department of
Family and Protective Services if the department is a party to the suit].
(c) 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 [In a suit in which
adoption is requested or conservatorship of, possession of, or access to a
child is an issue and in which a social study has been ordered and the
Department of Family and Protective Services is not a party, the court
shall appoint a private agency, another person, or a domestic relations
office to conduct the social study].
(d) Except as provided by
Section 107.106 [107.0511(b)], each individual who conducts a
child custody evaluation [social study] must be qualified
under Section 107.104 [107.0511].
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SECTION 1.06. Section
107.0511, Family Code, is redesignated as Section 107.104, Family Code, and
amended to read as follows:
Sec. 107.104 [107.0511].
CHILD CUSTODY [SOCIAL STUDY] EVALUATOR: MINIMUM
QUALIFICATIONS. (a) In this section:
(1) "Full-time
experience" means a period during which an individual works at least
30 hours per week.
(2) "Human services
field of study" means a field of study designed to prepare an
individual in the disciplined application of counseling, family therapy,
psychology, or social work values, principles, and methods.
(b) [The minimum
qualifications prescribed by this section do not apply to an individual
conducting a social study:
[(1) in connection with a
suit pending before a court located in a county with a population of less
than 500,000;
[(2) in connection with
an adoption governed by rules adopted under Section 107.0519(a);
[(3) as an employee or
other authorized representative of a licensed child-placing agency; or
[(4) as an employee or
other authorized representative of the Department of Family and Protective
Services.
[(c) The executive
commissioner of the Health and Human Services Commission shall adopt rules
prescribing the minimum qualifications that an individual described by
Subsection (b)(3) or (4) must possess in order to conduct a social study
under this subchapter.
[(d)] To be qualified
to conduct a child custody evaluation [social study] under this subchapter, an individual must:
(1) have at least a master's
[bachelor'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, or have a license to practice medicine in this state and a
board certification in psychiatry and:
(A) after completing the degree required by this subdivision, if applicable, have two years of
full-time experience or equivalent part-time experience under professional
supervision during which the individual performed functions involving the
evaluation of physical, intellectual, social, and psychological functioning
and needs and developed an understanding [the potential] of
the social and physical environment, both present and prospective, to meet
those needs; and
(B) after obtaining a
license required by this subdivision, have performed [participated
in the performance of] at least 10 court-ordered child custody
evaluations [social studies] under the supervision of an
individual qualified under this section;
(2) meet the requirements of
Subdivision (1)(A) and be practicing under the direct supervision of an
individual qualified under this section in order to complete at least 10
court-ordered child custody evaluations [social studies]
under supervision; or
(3) be employed by or
under contract with a domestic relations office, provided that the
individual conducts child custody evaluations [social studies]
relating only to families ordered by a court to participate in child
custody evaluations [social studies] conducted by the domestic
relations office.
(c) [(e) If an
individual meeting the requirements of this section is not available in the
county served by the court, the court may authorize an individual
determined by the court to be otherwise qualified to conduct the social
study.
[(f)] In addition to
the qualifications prescribed by this section, an individual 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 [social study] under this subchapter.
[(g) The minimum
qualifications prescribed by this section do not apply to an individual
who, before September 1, 2007:
[(1) lived in a county
that has a population of 500,000 or more and is adjacent to two or more
counties each of which has a population of 50,000 or more;
[(2) received a four-year
degree from an accredited institution of higher education;
[(3) worked as a child
protective services investigator for the Department of Family and
Protective Services for at least four years;
[(4) worked as a
community supervision and corrections department officer; and
[(5) conducted at least
100 social studies in the previous five years.
[(h) A person described
by Subsection (g) who performs a social study must:
[(1) complete at least
eight hours of family violence dynamics training provided by a family
violence service provider; and
[(2) participate annually
in at least 15 hours of continuing education for child custody evaluators
that meets the Model Standards of Practice for Child Custody Evaluation
adopted by the Association of Family and Conciliation Courts as those
standards existed May 1, 2009, or a later version of those standards if
adopted by rule of the executive commissioner of the Health and Human
Services Commission.
[(i) Subsections (g) and
(h) and this subsection expire September 1, 2017.]
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SECTION 1.06. Section
107.0511, Family Code, is redesignated as Section 107.104, Family Code, and
amended to read as follows:
Sec. 107.104 [107.0511].
CHILD CUSTODY [SOCIAL STUDY] EVALUATOR: MINIMUM
QUALIFICATIONS. (a) In this section:
(1) "Full-time
experience" means a period during which an individual works at least
30 hours per week.
(2) "Human services
field of study" means a field of study designed to prepare an
individual in the disciplined application of counseling, family therapy,
psychology, or social work values, principles, and methods.
(b) [The minimum
qualifications prescribed by this section do not apply to an individual
conducting a social study:
[(1) in connection with a
suit pending before a court located in a county with a population of less
than 500,000;
[(2) in connection with
an adoption governed by rules adopted under Section 107.0519(a);
[(3) as an employee or
other authorized representative of a licensed child-placing agency; or
[(4) as an employee or
other authorized representative of the Department of Family and Protective
Services.
[(c) The executive
commissioner of the Health and Human Services Commission shall adopt rules
prescribing the minimum qualifications that an individual described by
Subsection (b)(3) or (4) must possess in order to conduct a social study
under this subchapter.
[(d)] To be qualified
to conduct a child custody evaluation [social study under this subchapter], an individual must:
(1) have at least a master's
[bachelor'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, or have a license to practice medicine in this state and a
board certification in psychiatry and:
(A) after completing any degree required by this subdivision,
have two years of full-time experience or equivalent part-time experience
under professional supervision during which the individual performed
functions involving the evaluation of physical, intellectual, social, and
psychological functioning and needs and developed an understanding [the
potential] of the social and physical environment, both present and
prospective, to meet those needs; and
(B) after obtaining a
license required by this subdivision, have performed [participated
in the performance of] at least 10 court-ordered child custody
evaluations [social studies] under the supervision of an
individual qualified under this section;
(2) meet the requirements of
Subdivision (1)(A) and be practicing under the direct supervision of an
individual qualified under this section in order to complete at least 10
court-ordered child custody evaluations [social studies]
under supervision; [or]
(3) be employed by or
under contract with a domestic relations office, provided that the individual
conducts child custody evaluations [social studies] relating
only to families ordered by a court to participate in child custody
evaluations [social studies] conducted by the domestic
relations office; or
(4) have a doctoral degree and:
(A) hold a license in a human services field of study;
(B) have completed continuing education or professional
development:
(i) directly related to the performance of child custody
evaluations; and
(ii) the number of hours of which satisfy the licensing requirements
for the individual's license; and
(C) after completing the education described by Paragraph (B),
have participated in at least 10 court-ordered child custody evaluations in
consultation with a person who is:
(i) qualified to perform child custody evaluations under this
chapter; and
(ii) meets any requirements imposed by the agency that issues the
individual's license.
(c) The agency that issues the license to an individual qualified
to conduct child custody evaluations under Subsection (b)(4) may determine
by rule the courses, internships, practicums, or other professional
preparatory activities that satisfy the requirements under Subsection
(b)(4)(B) and the qualifications for a person described by Subsection
(b)(4)(C).
(d) [(e) If an
individual meeting the requirements of this section is not available in the
county served by the court, the court may authorize an individual
determined by the court to be otherwise qualified to conduct the social
study.
[(f)] In addition to
the qualifications prescribed by this section, an individual 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 [social study] under this subchapter.
[(g) The minimum
qualifications prescribed by this section do not apply to an individual
who, before September 1, 2007:
[(1) lived in a county
that has a population of 500,000 or more and is adjacent to two or more
counties each of which has a population of 50,000 or more;
[(2) received a four-year
degree from an accredited institution of higher education;
[(3) worked as a child
protective services investigator for the Department of Family and
Protective Services for at least four years;
[(4) worked as a community
supervision and corrections department officer; and
[(5) conducted at least
100 social studies in the previous five years.
[(h) A person described
by Subsection (g) who performs a social study must:
[(1) complete at least
eight hours of family violence dynamics training provided by a family
violence service provider; and
[(2) participate annually
in at least 15 hours of continuing education for child custody evaluators
that meets the Model Standards of Practice for Child Custody Evaluation
adopted by the Association of Family and Conciliation Courts as those
standards existed May 1, 2009, or a later version of those standards if
adopted by rule of the executive commissioner of the Health and Human
Services Commission.
[(i) Subsections (g) and
(h) and this subsection expire September 1, 2017.]
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SECTION 1.07. Subchapter D,
Chapter 107, Family Code, is amended by adding Sections 107.105 and 107.106
to read as follows:
Sec. 107.105. CHILD
CUSTODY EVALUATION: SPECIALIZED TRAINING REQUIRED.
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 an
individual who meets the requirements of Section 107.104 is not available
in the county to conduct a child custody evaluation in a timely manner, the
court, after notice and hearing, may appoint an individual the court
determines to be otherwise qualified to conduct the evaluation if the parties to the suit agree to the
appointment in writing.
No
equivalent provision.
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SECTION 1.07. Subchapter D,
Chapter 107, Family Code, is amended by adding Sections 107.105 and 107.106
to read as follows:
Sec. 107.105. CHILD
CUSTODY EVALUATION: SPECIALIZED TRAINING REQUIRED.
Sec. 107.106. EXCEPTION
TO QUALIFICATIONS REQUIRED TO CONDUCT CHILD CUSTODY EVALUATION. (a) In a
county with a population of less than 500,000, if a court finds that an
individual who meets the requirements of Section 107.104 is not available
in the county to conduct a child custody evaluation in a timely manner, the
court, after notice and hearing, may appoint an individual the court
determines to be otherwise qualified to conduct the evaluation.
(b) An individual
appointed under this section shall comply with all provisions of this
subchapter, other than Section 107.104.
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SECTION 1.08. Section
107.0512, Family Code, is redesignated as Section 107.107, Family Code, and
amended to read as follows:
Sec. 107.107 [107.0512].
CHILD CUSTODY [SOCIAL STUDY] EVALUATOR: CONFLICTS OF INTEREST
AND BIAS. (a) Before accepting appointment as a child custody [A
social study] 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 the subject of the suit, and any party to the suit who does not have an
attorney:
(1) any [who has a]
conflict of interest that the person believes the person has with
any party to the [in a disputed] suit or a child who is
the subject of the suit;
(2) any [who may
be biased on the basis of] previous knowledge that the person has of
a party to the suit or a child who is the subject of the suit, other
than knowledge obtained in a court-ordered evaluation;
(3) any pecuniary
relationship that the person believes the person has with an attorney in the
suit;
(4) any relationship of
confidence or trust that the person believes 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[,
shall:
[(1) decline to conduct a
social study for the suit; or
[(2) disclose any issue
or concern to the court before accepting the appointment or assignment].
(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 the subject
of the suit;
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of 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 the subject of 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 the subject of 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 the person has with a party to the suit
or a child who is the subject of the suit; and
(2) previous knowledge
that the person has of a party to the suit or a child who is the subject of
the suit, other than knowledge obtained in a court-ordered evaluation.
(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 the subject
of the suit; and
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of the suit
is not relevant; or
(2) the parties and any
attorney for a child who is the subject of the suit agree in writing to the
person's continued appointment as the child custody evaluator.
(e) A child
custody [social study] evaluator who has previously conducted a child
custody evaluation [social study] for a suit may conduct all
subsequent evaluations in the suit unless the court finds that the
evaluator is biased.
(f) 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 the
subject of 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, with no individualized interaction with any party, the child, any
party's family, or the child's family, or as a child custody evaluator who
performed a previous evaluation.
For purposes of this
subsection, "family" has the meaning assigned by Section 71.003.
[(c) This section does
not prohibit a court from appointing an employee of the Department of
Family and Protective Services to conduct a social study in a suit in which
adoption is requested or possession of or access to a child is an issue and
in which the department is a party or has an interest.]
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SECTION 1.08. Section
107.0512, Family Code, is redesignated as Section 107.107, Family Code, and
amended to read as follows:
Sec. 107.107 [107.0512].
CHILD CUSTODY [SOCIAL STUDY] EVALUATOR: CONFLICTS OF
INTEREST AND BIAS. (a) Before accepting appointment as a child custody
[A social study] 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 the subject of the suit, and any party to the suit who does not have
an attorney:
(1) any [who has a]
conflict of interest that the person believes the person has with
any party to the [in a disputed] suit or a child who is
the subject of the suit;
(2) any [who may
be biased on the basis of] previous knowledge that the person has of
a party to the suit or a child who is the subject of the suit, other
than knowledge obtained in a court-ordered evaluation;
(3) any pecuniary
relationship that the person believes the person has with an attorney in
the suit;
(4) any relationship of
confidence or trust that the person believes 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[,
shall:
[(1) decline to conduct a
social study for the suit; or
[(2) disclose any issue
or concern to the court before accepting the appointment or assignment].
(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 the subject
of the suit;
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of 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 the subject of 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 the subject of 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 the person has with a party to the suit
or a child who is the subject of the suit; and
(2) previous knowledge
that the person has of a party to the suit or a child who is the subject of
the suit, other than knowledge obtained in a court-ordered evaluation.
(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 the subject
of the suit; and
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of the suit
is not relevant; or
(2) the parties and any
attorney for a child who is the subject of the suit agree in writing to the
person's continued appointment as the child custody evaluator.
(e) A child
custody [social study] evaluator who has previously conducted a child
custody evaluation [social study] for a suit may conduct all
subsequent evaluations in the suit unless the court finds that the evaluator
is biased.
(f) An individual may not
be appointed as a child custody evaluator in a suit if the individual has
worked in a professional capacity with a party to the suit, a child who is
the subject of 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 an individual
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, with no individualized interaction with any
party, the child, any party's family, or the child's family, or as a child
custody evaluator who performed a previous evaluation. A child custody evaluator who has worked as a
teacher of parenting skills in a group setting that included a party, a
child, or another person who will be the subject of an evaluation or has
worked as a child custody evaluator for a previous evaluation must notify
the court and the attorney of each represented party or, if a party is not
represented, the evaluator must notify the party. For purposes of
this subsection, "family" has the meaning assigned by Section
71.003.
[(c) This section does
not prohibit a court from appointing an employee of the Department of
Family and Protective Services to conduct a social study in a suit in which
adoption is requested or possession of or access to a child is an issue and
in which the department is a party or has an interest.]
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SECTION 1.09. Section
107.0513, Family Code, is redesignated as Section 107.108, Family Code, and
amended to read as follows:
Sec. 107.108 [107.0513].
GENERAL PROVISIONS APPLICABLE TO CONDUCT OF CHILD CUSTODY EVALUATION
[SOCIAL STUDY] AND PREPARATION OF REPORT. (a) Unless otherwise
directed by a court or prescribed by a provision of this title, a child
custody [social study] evaluator's actions in conducting a child
custody evaluation must [social study shall] 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 [state agency] that
licenses the evaluator.
(b) A [In addition
to the requirements prescribed by this subchapter, a] court may impose
requirements or adopt local rules applicable to a child custody
evaluation [social study] or a child custody [social
study] evaluator that do not conflict with this subchapter.
(c) A child custody [social
study] evaluator shall follow evidence-based practice methods and make
use of current best evidence in making assessments and recommendations.
(d) A child custody [social
study] 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 contested [disputed]
suit. This subsection does not apply to a communication between a child
custody [social study] evaluator and an attorney ad litem or
amicus attorney.
(e) To the extent possible,
a child custody [social study] evaluator shall verify each
statement of fact pertinent to a child custody evaluation [social
study] and shall note the sources of verification and information in
the child custody evaluation report prepared under Section
107.113.
(f) A child custody [social
study] evaluator shall state the basis for the evaluator's conclusions
or recommendations, and the extent to which information obtained limits
the reliability and validity of the opinion and the conclusions and
recommendations of the evaluator, in the child custody evaluation
report prepared under Section 107.113. A child custody [social
study] evaluator who has evaluated only one side of a contested suit
[disputed case] shall refrain from making a recommendation regarding
conservatorship of a child or possession of or access to a child, but may
state whether any information obtained regarding a child's placement
with a party indicates concerns for
the safety of the child or
the party's apparent parenting
skills or capability
[the party evaluated
appears to be suitable for conservatorship].
(g) A child custody
evaluation [Each social study subject to this subchapter] must
be conducted in compliance with this subchapter, regardless of whether the child
custody evaluation [study] is conducted:
(1) by a single child
custody [social study] evaluator or multiple evaluators working
separately or together; or
(2) within a county served
by the court with continuing jurisdiction or at a geographically distant
location.
(h) A child custody
evaluation [social study] report must include for each child
custody evaluator who conducted any portion of the child custody
evaluation:
(1) the name and[,]
license number of the child custody evaluator;[,] and
(2) a statement that the
child custody evaluator:
(A) meets the requirements
of [basis for qualification under] Section 107.104; or
(B) was appointed under
Section 107.106 [107.0511 of each social study evaluator who
conducted any portion of the social study].
|
SECTION 1.09. Section
107.0513, Family Code, is redesignated as Section 107.108, Family Code, and
amended to read as follows:
Sec. 107.108 [107.0513].
GENERAL PROVISIONS APPLICABLE TO CONDUCT OF CHILD CUSTODY EVALUATION
[SOCIAL STUDY] AND PREPARATION OF REPORT. (a) Unless otherwise
directed by a court or prescribed by a provision of this title, a child
custody [social study] evaluator's actions in conducting a child
custody evaluation must [social study shall] 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 [state agency] that
licenses the evaluator.
(b) A [In addition
to the requirements prescribed by this subchapter, a] court may impose
requirements or adopt local rules applicable to a child custody
evaluation [social study] or a child custody [social
study] evaluator that do not conflict with this subchapter.
(c) A child custody [social
study] evaluator shall follow evidence-based practice methods and make
use of current best evidence in making assessments and recommendations.
(d) A child custody [social
study] 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 contested [disputed]
suit. This subsection does not apply to a communication between a child
custody [social study] evaluator and an attorney ad litem or
amicus attorney.
(e) To the extent possible,
a child custody [social study] evaluator shall verify each
statement of fact pertinent to a child custody evaluation [social
study] and shall note the sources of verification and information in
the child custody evaluation report prepared under Section
107.113.
(f) A child custody [social
study] evaluator shall state the basis for the evaluator's conclusions
or recommendations, and the extent to which information obtained limits
the reliability and validity of the opinion and the conclusions and
recommendations of the evaluator, in the child custody evaluation
report prepared under Section 107.113. A child custody [social
study] evaluator who has evaluated only one side of a contested suit
[disputed case] shall refrain from making a recommendation regarding
conservatorship of a child or possession of or access to a child, but may
state whether any information obtained regarding a child's placement
with a party indicates concerns for:
(1) the safety of the
child;
(2) the party's parenting
skills or capability;
(3) the party's relationship with the child; or
(4) the mental health of the party [the party
evaluated appears to be suitable for conservatorship].
(g) A child custody
evaluation [Each social study subject to this subchapter] must
be conducted in compliance with this subchapter, regardless of whether the child
custody evaluation [study] is conducted:
(1) by a single child
custody [social study] evaluator or multiple evaluators working
separately or together; or
(2) within a county served
by the court with continuing jurisdiction or at a geographically distant
location.
(h) A child custody
evaluation [social study] report must include for each child
custody evaluator who conducted any portion of the child custody
evaluation:
(1) the name and[,]
license number of the child custody evaluator;[,] and
(2) a statement that the
child custody evaluator:
(A) has read and meets the requirements of
[basis for qualification under] Section 107.104; or
(B) was appointed under
Section 107.106 [107.0511 of each social study evaluator who
conducted any portion of the social study].
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SECTION 1.10. Section
107.0514, Family Code, is redesignated as Section 107.109, Family Code, and
amended to read as follows:
Sec. 107.109 [107.0514].
ELEMENTS OF CHILD CUSTODY EVALUATION [SOCIAL STUDY]. (a) A
child custody evaluator may not offer an opinion regarding conservatorship
of a child who is the subject of a suit or possession of or access to the
child unless each basic element of a child custody evaluation as described
by this section has been completed.
(b) A child custody
evaluator shall:
(1) identify in the
report required by Section 107.113 any basic element or any additional
element of a child custody evaluation described by this section that was
not completed;
(2) explain the reasons
the element was not completed; and
(3) include an
explanation of the likely effect of the missing element on the confidence
the child custody evaluator has in the evaluator's expert opinion.
(c) The basic
elements of a child custody evaluation [social study] under
this subchapter consist of:
(1) a personal interview of
each party to the suit;
(2) an interview, conducted
in a developmentally appropriate manner, of each child who is the
subject of [at issue in] the suit and [who] is at
least four years of age, in the presence of each party to the suit;
(3) observation of each
child who is the subject of [at issue in] the suit,
regardless of the age of the child, in the presence of each party to the
suit, unless contact between a party and a child is prohibited by court
order or the person conducting the evaluation has good cause for not
conducting the observation and states the good cause in writing provided to
the parties to the suit before the completion of the evaluation;
(4) an interview and
observation of any child who is not a subject of the suit who lives on a
full-time basis in the residence that is the subject of the evaluation;
(5) the obtaining of
information by reviewing [from] relevant collateral sources,
including:
(A) relevant school
records;
(B) relevant physical and
mental health records of each party to the suit and each child who is the
subject of the suit;
(C) relevant records of
the department, including records
maintained as part of the central registry established by Section 261.002
and criminal history record information relating to each child who
is the subject of the suit, each party to the suit, and each person who
lives with a party to the suit; and
(D) any other collateral
source that may have relevant information;
(6) [(5)]
evaluation of the home environment of each party seeking conservatorship of
a child who is the subject of [at issue in] the suit or
possession of or access to the child, unless the condition of the home
environment is identified as not being in dispute in the court order
requiring the child custody evaluation [social study];
(7) [(6)] for
each individual residing in a residence subject to the child custody
evaluation [social study], consideration of any criminal history
record information and any contact with the department [Department
of Family and Protective Services] or a law enforcement agency
regarding abuse or neglect; and
(8) [(7)]
assessment of the relationship between each child who is the subject of
[at issue in] the suit and each party seeking possession of or
access to the child.
(d) [(b)] The
additional elements of a child custody evaluation [social study]
under this subchapter consist of:
(1) balanced interviews and observation of each child who is the
subject of [at issue in] the suit so that a child who is
interviewed or observed while in the care of one party to the suit is also
interviewed or observed while in the care of each other party to the suit;
(2) an interview of each
individual, including a child, residing on a full-time or
part-time basis in a residence subject to the child custody
evaluation [social study]; [and]
(3) evaluation of the home
environment of each party seeking conservatorship of a child who is the
subject of [at issue in] the suit or possession of or access to
the child, regardless of whether the home environment is in dispute;
(4) observation of each party to the suit with each child who is
the subject of 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
conducting the observation and states the good cause in writing provided to
the parties to the suit before the completion of the evaluation;
(5) observation of a
child who is the subject of the suit with each adult and child who reside on a full-time or part-time basis in the
residence that is the subject of the evaluation; and
(6) the performance of
other tasks requested of the evaluator by the court, including:
(A) a joint interview of
the parties to the suit; or
(B) the review of any
other information that the court determines is relevant.
[(c) A social study
evaluator may not offer an opinion regarding conservatorship of a child at
issue in a suit or possession of or access to the child unless each basic
element of a social study under Subsection (a) has been completed. A
social study evaluator shall identify in the report any additional element
of a social study under Subsection (b) that was not completed and shall
explain the reasons that the element was not completed.]
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SECTION 1.10. Section
107.0514, Family Code, is redesignated as Section 107.109, Family Code, and
amended to read as follows:
Sec. 107.109 [107.0514].
ELEMENTS OF CHILD CUSTODY EVALUATION [SOCIAL STUDY]. (a) A
child custody evaluator may not offer an opinion regarding conservatorship
of a child who is the subject of a suit or possession of or access to the
child unless each basic element of a child custody evaluation as described
by this section has been completed.
(b) A child custody
evaluator shall:
(1) identify in the
report required by Section 107.113 any basic element or any additional
element of a child custody evaluation described by this section that was
not completed;
(2) explain the reasons
the element was not completed; and
(3) include an
explanation of the likely effect of the missing element on the confidence
the child custody evaluator has in the evaluator's expert opinion.
(c) The basic
elements of a child custody evaluation [social study] under
this subchapter consist of:
(1) a personal interview of
each party to the suit;
(2) interviews [an interview], conducted in a developmentally
appropriate manner, of each child who is the subject of [at issue
in] the suit, regardless of the age
of the child, during a period of possession of each party to the suit but
outside the presence of the party
[who is at least four years of age];
(3) observation of each
child who is the subject of [at issue in] the suit,
regardless of the age of the child, in the presence of each party to 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 conducting the observation and states the good cause in
writing provided to the parties to the suit before the completion of the
evaluation;
(4) an interview, if the child is at least four years of age,
and observation of any child who is not a subject of the suit who lives on
a full-time basis in a residence that is the subject of the evaluation;
(5) the obtaining of
information from relevant collateral sources, including the review of:
(A) relevant school
records;
(B) relevant physical and
mental health records of each party to the suit and each child who is the
subject of the suit;
(C) relevant records of
the department obtained under Section
107.111;
(D) criminal history
record information relating to each child who is the subject of the suit,
each party to the suit, and each person who lives with a party to the suit;
and
(E) any other collateral
source that may have relevant information;
(6) [(5)]
evaluation of the home environment of each party seeking conservatorship of
a child who is the subject of [at issue in] the suit or
possession of or access to the child, unless the condition of the home
environment is identified as not being in dispute in the court order
requiring the child custody evaluation [social study];
(7) [(6)] for
each individual residing in a residence subject to the child custody
evaluation [social study], consideration of any criminal history
record information and any contact with the department [Department
of Family and Protective Services] or a law enforcement agency
regarding abuse or neglect; and
(8) [(7)]
assessment of the relationship between each child who is the subject of
[at issue in] the suit and each party seeking possession of or
access to the child.
(d) [(b)] The
additional elements of a child custody evaluation [social study]
under this subchapter consist of:
(1) balanced interviews and observations [observation] of each child who is the subject of
[at issue in] the suit so that a child who is interviewed or
observed while in the care of one party to the suit is also interviewed or
observed while in the care of each other party to the suit;
(2) an interview of each
individual, including a child who is at
least four years of age, residing on a full-time or part-time
basis in a residence subject to the child custody evaluation [social
study]; [and]
(3) evaluation of the home
environment of each party seeking conservatorship of a child who is the
subject of [at issue in] the suit or possession of or access to
the child, regardless of whether the home environment is in dispute;
(4) observation of a
child who is the subject of the suit with each adult who lives in a
residence that is the subject of the evaluation;
(5) an interview, if the child is at least four years of age, and
observation of a child who is not the subject of the suit but who lives on
a full-time or part-time basis in a residence that is the subject of the
evaluation;
(6) psychometric testing, if necessary, consistent with Section
107.110; and
(7) the performance of
other tasks requested of the evaluator by the court, including:
(A) a joint interview of
the parties to the suit; or
(B) the review of any
other information that the court determines is relevant.
[(c) A social study
evaluator may not offer an opinion regarding conservatorship of a child at
issue in a suit or possession of or access to the child unless each basic
element of a social study under Subsection (a) has been completed. A
social study evaluator shall identify in the report any additional element
of a social study under Subsection (b) that was not completed and shall
explain the reasons that the element was not completed.]
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SECTION 1.11. Subchapter D,
Chapter 107, Family Code, is amended. by adding Section 107.110 to read as
follows:
Sec. 107.110.
PSYCHOMETRIC TESTING. (a) A child custody evaluator may conduct
psychometric testing as part of a child custody evaluation if:
(1) ordered by the court
or determined necessary by the child custody evaluator; and
(2) the child custody
evaluator is:
(A) appropriately licensed
and trained to administer and interpret the specific psychometric tests
selected; and
(B) trained in the
specialized forensic application of psychometric testing.
(b) Selection of a
specific psychometric test is at the professional discretion of the child
custody evaluator based on the specific issues raised in the suit.
No
equivalent provision.
No
equivalent provision.
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SECTION 1.11. Subchapter D,
Chapter 107, Family Code, is amended by adding Section 107.110 to read as
follows:
Sec. 107.110.
PSYCHOMETRIC TESTING. (a) A child custody evaluator may conduct
psychometric testing as part of a child custody evaluation if:
(1) ordered by the court
or determined necessary by the child custody evaluator; and
(2) the child custody
evaluator is:
(A) appropriately
licensed and trained to administer and interpret the specific psychometric
tests selected; and
(B) trained in the
specialized forensic application of psychometric testing.
(b) Selection of a
specific psychometric test is at the professional discretion of the child
custody evaluator based on the specific issues raised in the suit.
(c) A child custody
evaluator may only use psychometric tests if the evaluator is familiar with
the reliability, validation, and related standardization or outcome studies
of, and proper applications and use of, the tests within a forensic
setting.
(d) If a child custody
evaluator considers psychometric testing necessary but lacks specialized
training or expertise to use the specific tests under this section, the
evaluator may designate a qualified licensed psychologist to conduct the
testing.
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No
equivalent provision.
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SECTION 1.12. Subchapter D,
Chapter 107, Family Code, is amended by adding Section 107.1101 to read as
follows:
Sec. 107.1101. EFFECT OF
POTENTIALLY UNDIAGNOSED SERIOUS MENTAL ILLNESS. (a) In this section,
"serious mental illness" has the meaning assigned by Section
1355.001, Insurance Code.
(b) If a child custody
evaluator identifies the presence of a potentially undiagnosed serious
mental illness experienced by an individual who is a subject of the child
custody evaluation and the evaluator is not qualified by the evaluator's
licensure, experience, and training to assess a serious mental illness, the
evaluator shall make one or more appropriate referrals for a mental
examination of the individual.
(c) The child custody
evaluation report must include any information that the evaluator considers
appropriate under the circumstances regarding the possible effects of an
individual's potentially undiagnosed serious mental illness on the
evaluation and the evaluator's recommendations.
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SECTION 1.12. Section
107.05145, Family Code, is redesignated as Section 107.111, Family Code,
and amended to read as follows:
Sec. 107.111 [107.05145].
CHILD CUSTODY [SOCIAL STUDY] EVALUATOR ACCESS TO
INVESTIGATIVE RECORDS OF DEPARTMENT [OF FAMILY AND PROTECTIVE SERVICES];
OFFENSE. (a) A child custody [social study] evaluator appointed
by a court is entitled to obtain from the department [Department
of Family and Protective Services] 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 [social
study].
(b) Except as provided by
this section, records obtained by a child custody [social study]
evaluator from the department [Department of Family and
Protective Services] 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 [social
study] evaluator may disclose information obtained under Subsection (a)
in the child custody evaluation [social study] report prepared
under Section 107.113 only to the extent the evaluator determines that
the information is relevant to the child custody evaluation [social
study] or a recommendation made under this subchapter.
(d) A person commits an
offense if the person knowingly
discloses confidential information obtained from the department [Department
of Family and Protective Services] in violation of this section. An
offense under this subsection is a Class A misdemeanor.
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SECTION 1.13. Section
107.05145, Family Code, is redesignated as Section 107.111, Family Code,
and amended to read as follows:
Sec. 107.111 [107.05145].
CHILD CUSTODY [SOCIAL STUDY] EVALUATOR ACCESS TO
INVESTIGATIVE RECORDS OF DEPARTMENT [OF FAMILY AND PROTECTIVE SERVICES];
OFFENSE. (a) A child custody [social study] evaluator appointed
by a court is entitled to obtain from the department [Department
of Family and Protective Services] 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 [social
study].
(b) Except as provided by
this section, records obtained by a child custody [social study]
evaluator from the department [Department of Family and
Protective Services] 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 [social
study] evaluator may disclose information obtained under Subsection (a)
in the child custody evaluation [social study] report prepared
under Section 107.113 only to the extent the evaluator determines that
the information is relevant to the child custody evaluation [social
study] or a recommendation made under this subchapter.
(d) A person commits an
offense if the person recklessly
discloses confidential information obtained from the department [Department
of Family and Protective Services] in violation of this section. An
offense under this subsection is a Class A misdemeanor.
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SECTION 1.13. Subchapter D,
Chapter 107, Family Code, is amended by adding Section 107.112 to read as
follows:
Sec. 107.112.
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 107.111, a private
child custody evaluator shall, after completion of an evaluation and
preparation of a child custody evaluation report under Section 107.113,
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 107.111, 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 107.113, be made available on written request according to the
local rules and policies of the office.
(e) A person 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 ending date of the
retention 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.
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SECTION 1.14. Subchapter D,
Chapter 107, Family Code, is amended by adding Section 107.112 to read as
follows:
Sec. 107.112.
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 applicable to the evaluator's license.
(c) Except for records
obtained from the department in accordance with Section 107.111, a private
child custody evaluator shall, after completion of an evaluation and the
preparation and filing of a child
custody evaluation report under Section 107.113, 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 107.111, 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 the preparation and filing
of a child custody evaluation report under Section 107.113, be made
available on written request according to the local rules and policies of
the office.
(e) A person 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 ending date of the
retention period adopted by the licensing authority that issues the
professional license held by the evaluator based
on the date the evaluator filed the child custody evaluation report
prepared under this section with the court.
(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.
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SECTION 1.14. Section
107.054, Family Code, is redesignated as Section 107.113, Family Code, and
amended.
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SECTION 1.15. Same as
introduced version.
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|
SECTION 1.15. Section
107.055, Family Code, is redesignated as Section 107.114, Family Code, and
amended.
|
SECTION 1.16. Same as
introduced version.
|
|
SECTION 1.16. Section
107.056, Family Code, is redesignated as Section 107.115, Family Code, and
amended.
|
SECTION 1.17. Same as
introduced version.
|
|
SECTION 1.17. Chapter 107,
Family Code, is amended by adding Subchapters E and F to read as follows:
SUBCHAPTER E. 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. The term does not require
the constant physical presence of the person providing supervision and may
include telephonic or electronic communication.
Sec. 107.152.
APPLICABILITY.
Sec. 107.153. ORDER FOR
ADOPTION EVALUATION.
Sec. 107.154. ADOPTION
EVALUATOR: MINIMUM QUALIFICATIONS.
Sec. 107.155. EXCEPTION
TO QUALIFICATIONS REQUIRED TO CONDUCT ADOPTION EVALUATION. In a county
with a population of less than 500,000, if a court finds that an individual
who meets the requirements of Section 107.154 is not available in the
county to conduct an adoption evaluation in a timely manner, the court,
after notice and hearing, may appoint 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.
No
equivalent provision.
Sec. 107.156. 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 the subject of the suit, and any party to the suit who does not have
an attorney:
(1) any conflict of
interest that the person believes the person has with a party to the suit
or a child who is the subject of the suit;
(2) any previous
knowledge that the person has of a party to the suit or a child who is the
subject of the suit;
(3) any pecuniary
relationship that the person believes the person has with an attorney in
the suit;
(4) any relationship of
confidence or trust that the person believes 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 the subject
of the suit;
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of 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 the subject of 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 the subject of 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 the person has with a party to the suit
or a child who is the subject of the suit; and
(2) previous knowledge
that the person has of a party to the suit or a child who is the subject of
the suit, other than knowledge obtained in a court-ordered evaluation.
(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 the subject
of the suit; and
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of the suit
is not relevant; or
(2) the parties and any
attorney for a child who is the subject of 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 the subject
of 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,
with no individualized interaction with any party, the child, any party's
family, or the child's family, or as a child custody evaluator or adoption
evaluator who performed a previous evaluation. For purposes of this
subsection, "family" has the meaning assigned by Section 71.003.
Sec. 107.157. REPORTING
CERTAIN PLACEMENTS FOR ADOPTION.
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) A court may impose
requirements or adopt local rules applicable to an adoption evaluation or
an adoption evaluator that do not conflict with this subchapter.
(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 contested 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) An adoption
evaluation report must include for each adoption evaluator who conducted
any portion of the adoption evaluation:
(1) the name and license
number of the adoption evaluator; and
(2) a statement that the
adoption evaluator:
(A) meets the
requirements of Section 107.154; or
(B) was appointed under
Section 107.155.
Sec. 107.159.
REQUIREMENTS FOR PRE-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT.
Sec. 107.160.
REQUIREMENTS FOR POST-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT.
Sec. 107.161.
INTRODUCTION AND PROVISION OF ADOPTION EVALUATION REPORT AND TESTIMONY
RELATING TO ADOPTION EVALUATION.
Sec. 107.162. ADOPTION
EVALUATION FEE.
Sec. 107.163. 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 107.159 or 107.160 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.
SUBCHAPTER F. EVALUATIONS
IN CONTESTED ADOPTIONS
Sec. 107.201.
APPLICABILITY.
Sec. 107.202. ASSIGNMENT
OF EVALUATIONS IN CONTESTED ADOPTIONS. (a) In a suit in which the
adoption of a child is being contested, the court shall determine the
nature of the questions posed before appointing an evaluator to conduct
either a child custody evaluation or an adoption evaluation.
(b) A court in a suit for termination of parental
rights shall order a child custody evaluation under Subchapter D,
and instruct the evaluator to address in the evaluation whether termination
is in the best interest of the child.
(c) A court that appoints
an evaluator to assess the issue of termination of parental rights may,
through written order, modify requirements of the child custody evaluation as necessary to address the circumstances
of the family situation to be assessed.
(d) A court may instruct an evaluator performing a child
custody evaluation to concurrently address the requirements for an adoption
evaluation under Subchapter E if the evaluator recommends that termination
of parental rights is in the best interest of the child.
(e) A court in a suit to determine whether the
parties seeking adoption would be suitable to adopt a child on termination
of parental rights may order an adoption evaluation under Subchapter
E if the evaluation is not intended to
determine whether termination of parental rights is in the child's best
interest.
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SECTION 1.18. Chapter 107,
Family Code, is amended by adding Subchapters E and F to read as follows:
SUBCHAPTER E. 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 directing,
regularly reviewing, and meeting with a person with respect to the
completion of work for which the supervisor is responsible for the outcome.
The term does not require the constant physical presence of the person
providing supervision and may include telephonic or other electronic communication.
Sec. 107.152.
APPLICABILITY.
Sec. 107.153. ORDER FOR
ADOPTION EVALUATION.
Sec. 107.154. ADOPTION
EVALUATOR: MINIMUM QUALIFICATIONS.
Sec. 107.155. EXCEPTION
TO QUALIFICATIONS REQUIRED TO CONDUCT ADOPTION EVALUATION. (a) In a
county with a population of less than 500,000, if a court finds that an
individual who meets the requirements of Section 107.154 is not available
in the county to conduct an adoption evaluation in a timely manner, the
court, after notice and hearing, may appoint a person the court determines
to be otherwise qualified to conduct the evaluation.
(b) An individual
appointed under this section shall comply with all provisions of this
subchapter, other than Section 107.154.
Sec. 107.156. 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 the
subject of the suit, and any party to the suit who does not have an
attorney:
(1) any conflict of
interest that the person believes the person has with a party to the suit
or a child who is the subject of the suit;
(2) any previous
knowledge that the person has of a party to the suit or a child who is the
subject of the suit;
(3) any pecuniary
relationship that the person believes the person has with an attorney in
the suit;
(4) any relationship of
confidence or trust that the person believes 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 the subject
of the suit;
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of 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 the subject of 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 the subject of 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 the person has with a party to the suit
or a child who is the subject of the suit; and
(2) previous knowledge
that the person has of a party to the suit or a child who is the subject of
the suit, other than knowledge obtained in a court-ordered evaluation.
(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 the subject of the
suit; and
(B) the person's previous
knowledge of a party to the suit or a child who is the subject of the suit
is not relevant; or
(2) the parties and any
attorney for a child who is the subject of the suit agree in writing to the
person's continued appointment as the adoption evaluator.
(e) An individual may not
be appointed as an adoption evaluator in a suit if the individual has
worked in a professional capacity with a party to the suit, a child who is
the subject of 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 an individual
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, with no individualized interaction with any party, the
child, any party's family, or the child's family, or as a child custody
evaluator or adoption evaluator who performed a previous evaluation. For
purposes of this subsection, "family" has the meaning assigned by
Section 71.003.
Sec. 107.157. REPORTING
CERTAIN PLACEMENTS FOR ADOPTION.
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) A court may impose
requirements or adopt local rules applicable to an adoption evaluation or
an adoption evaluator that do not conflict with this subchapter.
(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 contested 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) An adoption
evaluation report must include for each adoption evaluator who conducted
any portion of the adoption evaluation:
(1) the name and license
number of the adoption evaluator; and
(2) a statement that the
adoption evaluator:
(A) has read and meets the requirements of
Section 107.154; or
(B) was appointed under
Section 107.155.
Sec. 107.159.
REQUIREMENTS FOR PRE-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT.
Sec. 107.160.
REQUIREMENTS FOR POST-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT.
Sec. 107.161.
INTRODUCTION AND PROVISION OF ADOPTION EVALUATION REPORT AND TESTIMONY
RELATING TO ADOPTION EVALUATION.
Sec. 107.162. ADOPTION
EVALUATION FEE.
Sec. 107.163. 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 107.159 or 107.160 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 recklessly
discloses confidential information obtained from the department in
violation of this section. An offense under this subsection is a Class A
misdemeanor.
SUBCHAPTER F. EVALUATIONS
IN CONTESTED ADOPTIONS
Sec. 107.201.
APPLICABILITY.
Sec. 107.202. ASSIGNMENT
OF EVALUATIONS IN CONTESTED ADOPTIONS. (a) In a suit in which the
adoption of a child is being contested, the court shall determine the
nature of the questions posed before appointing an evaluator to conduct
either a child custody evaluation or an adoption evaluation.
(b) If the court is attempting to determine whether
termination of parental rights is in the best interest of a child who is
the subject of the suit, the court shall order the evaluation as a
child custody evaluation under Subchapter D and include termination as one
of the specific issues to be addressed in the evaluation.
(c) When appointing an
evaluator to assess the issue of termination of parental rights, the court
may, through written order, modify the requirements of the child custody
evaluation to take into account the
circumstances of the family to be assessed. The court may also appoint the evaluator to concurrently
address the requirements for an adoption evaluation under Subchapter E if
the evaluator recommends that termination of parental rights is in the best
interest of the child who is the subject of the suit.
(d) If the court is attempting to determine whether
the parties seeking adoption would be suitable to adopt the child who is
the subject of the suit if the termination of parental rights is granted,
but the court is not attempting to determine whether such termination of
parental rights is in the child's best interest, the court may order
the evaluation as an adoption evaluation under Subchapter E.
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ARTICLE 2. TESTIMONY IN
SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
|
Same as introduced version.
|
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SECTION 2.01. 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 has conducted a child custody evaluation
relating to the child under Subchapter D, Chapter 107.
(b) In a contested suit,
a mental health professional may provide other relevant information and
opinions, other than those prohibited by Subsection (a), relating to any
party that the mental health professional has evaluated.
(c) This section does not
apply to a suit in which the Department of Family and Protective Services
is a party.
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SECTION 2.01. 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 or recommendation relating to the
conservatorship of or possession of or access to a child at issue in a suit
unless the person has conducted a child custody evaluation relating to the
child under Subchapter D, Chapter 107.
(b) In a contested suit,
a mental health professional may provide other relevant information and
opinions, other than those prohibited by Subsection (a), relating to any
party that the mental health professional has personally
evaluated.
(c) This section does not
apply to a suit in which the Department of Family and Protective Services
is a party.
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|
ARTICLE 3. CONFORMING
AMENDMENTS RELATING TO CHILD CUSTODY EVALUATIONS AND ADOPTION EVALUATIONS
|
Same as introduced version.
|
|
SECTION 3.01. Section
153.605(d), Family Code, is amended.
|
SECTION 3.01. Same as
introduced version.
|
|
SECTION 3.02. Section
162.0025, Family Code, is amended.
|
SECTION 3.02. Same as
introduced version.
|
|
SECTION 3.03. Section
162.003, Family Code, is amended.
|
SECTION 3.03. Same as
introduced version.
|
|
SECTION 3.04. Section
162.0045, Family Code, is amended.
|
SECTION 3.04. Same as
introduced version.
|
|
SECTION 3.05. Section
203.004(a), Family Code, is amended.
|
SECTION 3.05. Same as
introduced version.
|
|
SECTION 3.06. Section
203.005(a), Family Code, is amended.
|
SECTION 3.06. Same as
introduced version.
|
|
SECTION 3.07. Sections
411.1285(a) and (c), Government Code, are amended.
|
SECTION 3.07. Same as
introduced version.
|
|
SECTION 3.08. Section
152.06331(f), Human Resources Code, is amended.
|
SECTION 3.08. Same as
introduced version.
|
|
ARTICLE 4. REPEALERS
|
Same as introduced version.
|
|
SECTION 4.01. Sections
107.0515, 107.0519, 107.052, and 107.053, Family Code, are repealed.
|
SECTION 4.01. Same as
introduced version.
|
|
ARTICLE 5. TRANSITION AND
EFFECTIVE DATE
|
Same as introduced version.
|
|
SECTION 5.01. (a) Not later
than September 1, 2016, 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 Subchapter D, Chapter 107, Family Code, as amended
by this Act, and 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 under Subchapter D,
Chapter 107, Family Code, as amended by this Act, or adoption evaluation
under Subchapter E, Chapter 107, Family Code, as added by this Act. The
rules adopted under this subsection must:
(1) specify that any
complaint relating to the outcome of a child custody evaluation, adoption
evaluation, or other forensic service 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 107.111 or 107.163, Family Code, as added by this Act,
is grounds for disciplinary action.
No
equivalent provision.
(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, the Texas State Board of Examiners of Marriage and Family
Therapists, and the Texas Medical Board
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 D, Chapter 107, Family Code, as amended 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 D, Chapter 107,
Family Code, as amended 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, 2016, the executive commissioner of the Health and Human Services
Commission shall adopt any rules necessary to implement Subchapter E,
Chapter 107, Family Code, as added by this Act. Subchapter E, Chapter 107,
Family Code, as added by this Act, applies to an adoption evaluation
ordered by a court on or after September 1, 2016, or the date the executive
commissioner adopts rules under this subsection, whichever date occurs
first. An adoption evaluation, pre-placement 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.
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SECTION 5.01. (a) Not later
than September 1, 2016, 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
Subchapter D, Chapter 107, Family Code, as amended by this Act, and
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 under Subchapter D, Chapter 107, Family
Code, as amended by this Act, or adoption evaluation under Subchapter E,
Chapter 107, Family Code, as added by this Act. The rules adopted under
this subsection must:
(1) specify that any
complaint relating to the outcome of a child custody evaluation, adoption
evaluation, or other forensic service conducted by a person licensed by any
of the boards must be reported to the court that ordered the evaluation or other forensic services; and
(2) require that license
holders receive notice that the disclosure of confidential information in
violation of Section 107.111 or 107.163, Family Code, as added by this Act,
is grounds for disciplinary action.
(b) Subsection (a) of this
section does not affect the authority of a licensing agency that issues a
license to a child custody evaluator to enforce compliance with state law
and administrative rules applicable to the license holder.
(c) 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 D, Chapter 107, Family Code, as amended by this
Act, unless the person is otherwise qualified to conduct the evaluation.
(d) 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 D, Chapter 107,
Family Code, as amended 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.
(e) Not later than September
1, 2016, the executive commissioner of the Health and Human Services
Commission shall adopt any rules necessary to implement Subchapter E,
Chapter 107, Family Code, as added by this Act. Subchapter E, Chapter 107,
Family Code, as added by this Act, applies to an adoption evaluation ordered
by a court on or after September 1, 2016, or the date the executive
commissioner adopts rules under this subsection, whichever date occurs
first. An adoption evaluation, pre-placement 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.
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|
SECTION 5.02. (a)
Notwithstanding any other law, a person is qualified to conduct a child
custody evaluation under Section 107.104, Family Code, as redesignated and
amended by this Act, or an adoption evaluation under Section 107.154,
Family Code, as added by this Act, without satisfying the supervision
requirements of Section 107.104(b)(1) or (2) 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.
(b) Notwithstanding any
other law, a person who is qualified to conduct a social study evaluation
under former Section 107.0511(g), Family Code, is authorized to conduct a
child custody evaluation before September 1, 2017, without meeting the
requirements under Section 107.104, Family Code, as redesignated and
amended by this Act, and the former law is continued in effect for that
purpose.
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SECTION 5.02. Same as
introduced version.
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SECTION 5.03. The changes in
law made by this Act apply to a suit affecting the parent-child
relationship that is pending in a trial court on the effective date of this
Act or filed on or after that date.
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SECTION 5.03. Same as
introduced version.
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SECTION 5.04. This Act takes
effect September 1, 2015.
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SECTION 5.04. Same as
introduced version.
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