By: Thompson of Harris H.B. No. 1449
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to child custody evaluations and adoption evaluations
  conducted and testimony provided in certain suits affecting the
  parent-child relationship; providing penalties; creating an
  offense; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CHILD CUSTODY EVALUATION AND ADOPTION EVALUATION
         SECTION 1.01.  The heading to Chapter 107, Family Code, is
  amended to read as follows:
  CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND
  ADOPTION EVALUATIONS [SOCIAL STUDIES]
         SECTION 1.02.  The heading to Subchapter D, Chapter 107,
  Family Code, is amended to read as follows:
  SUBCHAPTER D. CHILD CUSTODY EVALUATION [SOCIAL STUDY]
         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.
         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.
         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].
         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.
         (c)  Notwithstanding Subsections (b)(1) and (2), an
  individual with a doctoral degree and who holds a license in a human
  services field of study is qualified to conduct a child custody
  evaluation if the individual has completed a number of hours of
  professional development coursework and practice experience
  directly related to the performance of child custody evaluations as
  described by this chapter, satisfactory to the licensing agency
  that issues the individual's license.
         (d)  The licensing agency that issues a license to an
  individual described by Subsection (c) may determine by rule that
  internships, practicums, and other professional preparatory
  activities completed by the individual during the course of
  achieving the person's doctoral degree satisfy the requirements of
  Subsection (c) in whole or in part.
         (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.]
         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. (a) The court shall determine whether the
  qualifications of a child custody evaluator satisfy the
  requirements of this subchapter.
         (b)  A child custody evaluator must demonstrate, if
  requested, appropriate knowledge and competence in child custody
  evaluation services consistent with professional models,
  standards, and guidelines.
         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 or on agreement of the parties,
  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.
         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.]
         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].
         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 observation and, if the child is at least four
  years old, an interview 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, including with other children or parties who are
  subjects of the evaluation, where appropriate;
               (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 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 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.]
         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 licensed psychologist to conduct the testing.
         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.
         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.
         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.
         SECTION 1.15.  Section 107.054, Family Code, is redesignated
  as Section 107.113, Family Code, and amended to read as follows:
         Sec. 107.113 [107.054].  CHILD CUSTODY EVALUATION REPORT
  REQUIRED [FILED WITH COURT]. (a) A child custody evaluator who
  conducts a child custody evaluation shall prepare and file a report
  containing the evaluator's findings, opinions, recommendations,
  and answers to specific questions asked by the court relating to the
  evaluation.
         (b)  The [agency or] person conducting a child custody
  evaluation [making the social study] shall file with the court on a
  date set by the court a report containing the person's [its]
  findings and conclusions. The report shall be made a part of the
  record of the suit.
         (c)  If the suit is settled before completion of the child
  custody evaluation report, the report under this section is not
  required.
         (d)  A report prepared under this section must include the
  information required by Section 107.108(h) for each child custody
  evaluator who conducted any portion of the evaluation.
         SECTION 1.16.  Section 107.055, Family Code, is redesignated
  as Section 107.114, Family Code, and amended to read as follows:
         Sec. 107.114 [107.055].  INTRODUCTION AND PROVISION OF
  CHILD CUSTODY EVALUATION REPORT [AT TRIAL]. (a) Disclosure to the
  jury of the contents of a child custody evaluation report prepared
  under Section 107.113 [to the court of a social study] is subject to
  the rules of evidence.
         (b)  Unless the court has rendered an order restricting
  disclosure, a private child custody evaluator shall provide to the
  attorneys of the parties to a suit, any party who does not have an
  attorney, and any other person appointed by the court under this
  chapter in a suit a copy [In a contested case, the agency or person
  making the social study shall furnish copies] of the child custody
  evaluation report [to the attorneys for the parties] before the
  earlier of:
               (1)  the third [seventh] day after the date the child
  custody evaluation report [social study] is completed; or
               (2)  the 30th [fifth] day before the date of
  commencement of the trial.
         (c)  A child custody evaluator who conducts a child custody
  evaluation as an employee of or under contract with a domestic
  relations office shall provide to the attorneys of the parties to a
  suit and any person appointed in the suit under this chapter a copy
  of the child custody evaluation report before the earlier of:
               (1)  the seventh day after the date the child custody
  evaluation report is completed; or
               (2)  the fifth day before the date the trial commences.
         (d)  A child custody evaluator who conducts a child custody
  evaluation as an employee of or under contract with a domestic
  relations office shall provide a copy of the report to a party to
  the suit as provided by the local rules and policies of the office
  or by a court order  [The court may compel the attendance of
  witnesses necessary for the proper disposition of the suit,
  including a representative of the agency making the social study,
  who may be compelled to testify].
         SECTION 1.17.  Section 107.056, Family Code, is redesignated
  as Section 107.115, Family Code, and amended to read as follows:
         Sec. 107.115 [107.056].  CHILD CUSTODY EVALUATION
  [PREPARATION] FEE. If the court orders a child custody evaluation
  [social study] to be conducted, the court shall award the [agency or
  other] person appointed as the child custody evaluator a reasonable
  fee for the preparation of the child custody evaluation [study]
  that shall be imposed in the form of a money judgment and paid
  directly to the [agency or other] person. The person [or agency]
  may enforce the judgment for the fee by any means available under
  law for civil judgments.
         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. (a) For purposes of this
  subchapter, an adoption evaluation does not include services
  provided in accordance with the Interstate Compact on the Placement
  of Children adopted under Subchapter B, Chapter 162, or an
  evaluation conducted in accordance with Section 262.114 by an
  employee of or contractor with the department.
         (b)  This subchapter does not apply to the pre-placement and
  post-placement parts of an adoption evaluation conducted by a
  licensed child-placing agency or the department.
         (c)  The pre-placement and post-placement parts of an
  adoption evaluation conducted by a licensed child-placing agency or
  the department are governed by rules adopted by the executive
  commissioner of the Health and Human Services Commission.
         (d)  In a suit involving a licensed child-placing agency or
  the department, a licensed child-placing agency or the department
  shall conduct the pre-placement and post-placement parts of the
  adoption evaluation and file reports on those parts with the court
  before the court renders a final order of adoption.
         (e)  A court may appoint the department to conduct the
  pre-placement and post-placement parts of an adoption evaluation in
  a suit only if the department is:
               (1)  a party to the suit; or
               (2)  the managing conservator of the child who is the
  subject of the suit.
         Sec. 107.153.  ORDER FOR ADOPTION EVALUATION. (a) The court
  shall order the performance of an adoption evaluation to evaluate
  each party who requests termination of the parent-child
  relationship or an adoption in a suit for:
               (1)  termination of the parent-child relationship in
  which a person other than a parent may be appointed managing
  conservator of a child; or
               (2)  an adoption.
         (b)  The adoption evaluation required under Subsection (a)
  must include an evaluation of the circumstances and the condition
  of the home and social environment of any person requesting to adopt
  a child who is at issue in the suit.
         (c)  The court may appoint a qualified individual, a
  qualified private entity, or a domestic relations office to conduct
  the adoption evaluation.
         (d)  Except as provided by Section 107.155, a person who
  conducts an adoption evaluation must meet the requirements of
  Section 107.154.
         (e)  The costs of an adoption evaluation under this section
  shall be paid by the prospective adoptive parent.
         Sec. 107.154.  ADOPTION EVALUATOR: MINIMUM QUALIFICATIONS.
  (a) In this section:
               (1)  "Full-time experience" means a period during which
  a person works at least 30 hours per week.
               (2)  "Human services field of study" means a field of
  study designed to prepare a person in the disciplined application
  of counseling, family therapy, psychology, or social work values,
  principles, and methods.
         (b)  To be qualified to conduct an adoption evaluation under
  this subchapter, a person must:
               (1)  have a degree from an accredited college or
  university in a human services field of study and a license to
  practice in this state as a social worker, professional counselor,
  marriage and family therapist, or psychologist and:
                     (A)  have one year of full-time experience working
  at a child-placing agency conducting child-placing activities; or
                     (B)  be practicing under the direct supervision of
  a person qualified under this section to conduct adoption
  evaluations;
               (2)  be employed by a domestic relations office,
  provided that the person conducts adoption evaluations relating
  only to families ordered to participate in adoption evaluations
  conducted by the domestic relations office; or
               (3)  be qualified as a child custody evaluator under
  Section 107.104.
         (c)  In addition to the other 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 an adoption evaluation
  under this subchapter.
         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 or on agreement of the parties, 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.
  An adoption evaluator shall report to the department any adoptive
  placement that appears to have been made by someone other than a
  licensed child-placing agency or a child's parent or managing
  conservator.
         Sec. 107.158.  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.  (a)  Unless otherwise agreed to by
  the court, the pre-placement part of an adoption evaluation must
  comply with the minimum requirements for the pre-placement part of
  an adoption evaluation under rules adopted by the executive
  commissioner of the Health and Human Services Commission.
         (b)  Unless a child who is the subject of the suit begins to
  reside in a prospective adoptive home before the suit is commenced,
  an adoption evaluator shall file with the court a report containing
  the evaluator's findings and conclusions made after completion of
  the pre-placement portion of the adoption evaluation.
         (c)  In a suit filed after the date a child who is the subject
  of the suit begins to reside in a prospective adoptive home, the
  report required under this section and the post-placement adoption
  evaluation report required under Section 107.160 may be combined in
  a single report.
         (d)  The report required under this section must be filed
  with the court before the court may sign the final order for
  termination of the parent-child relationship. The report shall be
  included in the record of the suit.
         (e)  A copy of the report prepared under this section must be
  made available to the prospective adoptive parents before the court
  renders a final order of adoption.
         Sec. 107.160.  REQUIREMENTS FOR POST-PLACEMENT PORTION OF
  ADOPTION EVALUATION AND REPORT.  (a)  Unless otherwise agreed to by
  the court, the post-placement part of an adoption evaluation must
  comply with the minimum requirements for the post-placement part of
  an adoption evaluation under rules adopted by the executive
  commissioner of the Health and Human Services Commission.
         (b)  An adoption evaluator shall file with the court a report
  containing the evaluator's findings and conclusions made after a
  child who is the subject of the suit in which the evaluation is
  ordered begins to reside in a prospective adoptive home.
         (c)  The report required under this section must be filed
  with the court before the court renders a final order of adoption.
  The report shall be included in the record of the suit.
         (d)  A copy of the report prepared under this section must be
  made available to the prospective adoptive parents before the court
  renders a final order of adoption.
         Sec. 107.161.  INTRODUCTION AND PROVISION OF ADOPTION
  EVALUATION REPORT AND TESTIMONY RELATING TO ADOPTION EVALUATION.
  (a) Disclosure to the jury of the contents of an adoption
  evaluation report prepared under Section 107.159 or 107.160 is
  subject to the rules of evidence.
         (b)  The court may compel the attendance of witnesses
  necessary for the proper disposition of a suit, including a
  representative of an agency that conducts an adoption evaluation,
  who may be compelled to testify.
         Sec. 107.162.  ADOPTION EVALUATION FEE. If the court orders
  an adoption evaluation to be conducted, the court shall award the
  adoption evaluator a reasonable fee for the preparation of the
  evaluation that shall be imposed in the form of a money judgment and
  paid directly to the evaluator. The evaluator may enforce the
  judgment for the fee by any means available under law for civil
  judgments.
         Sec. 107.163.  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. This subchapter does not
  apply to services provided in accordance with the Interstate
  Compact on the Placement of Children adopted under Subchapter B,
  Chapter 162, to an evaluation conducted in accordance with Section
  262.114 by an employee of or contractor with the department, or to a
  suit in which the Department of Family and Protective Services is a
  party.
         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.
  ARTICLE 2. TESTIMONY IN SUITS AFFECTING THE PARENT-CHILD
  RELATIONSHIP
         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.
  ARTICLE 3. CONFORMING AMENDMENTS RELATING TO CHILD CUSTODY
  EVALUATIONS AND ADOPTION EVALUATIONS
         SECTION 3.01.  Section 153.605(d), Family Code, is amended
  to read as follows:
         (d)  An individual appointed as a parenting coordinator may
  not serve in any nonconfidential capacity in the same case,
  including serving as an amicus attorney, guardian ad litem, child
  custody [or social study] evaluator, or adoption evaluator under
  Chapter 107, as a friend of the court under Chapter 202, or as a
  parenting facilitator under this subchapter.
         SECTION 3.02.  Section 162.0025, Family Code, is amended to
  read as follows:
         Sec. 162.0025.  ADOPTION SOUGHT BY MILITARY SERVICE MEMBER.
  In a suit for adoption, the fact that a petitioner is a member of the
  armed forces of the United States, a member of the Texas National
  Guard or the National Guard of another state, or a member of a
  reserve component of the armed forces of the United States may not
  be considered by the court, or any person performing an adoption
  evaluation [a social study] or home screening, as a negative factor
  in determining whether the adoption is in the best interest of the
  child or whether the petitioner would be a suitable parent.
         SECTION 3.03.  Section 162.003, Family Code, is amended to
  read as follows:
         Sec. 162.003.  ADOPTION EVALUATION [PRE-ADOPTIVE AND
  POST-PLACEMENT SOCIAL STUDIES]. In a suit for adoption, an
  adoption evaluation [pre-adoptive and post-placement social
  studies] must be conducted as provided in Chapter 107.
         SECTION 3.04.  Section 162.0045, Family Code, is amended to
  read as follows:
         Sec. 162.0045.  PREFERENTIAL SETTING. The court shall grant
  a motion for a preferential setting for a final hearing on an
  adoption and shall give precedence to that hearing over all other
  civil cases not given preference by other law if the adoption
  evaluation [social study] has been filed and the criminal history
  for the person seeking to adopt the child has been obtained.
         SECTION 3.05.  Section 203.004(a), Family Code, is amended
  to read as follows:
         (a)  A domestic relations office may:
               (1)  collect and disburse child support payments that
  are ordered by a court to be paid through a domestic relations
  registry;
               (2)  maintain records of payments and disbursements
  made under Subdivision (1);
               (3)  file a suit, including a suit to:
                     (A)  establish paternity;
                     (B)  enforce a court order for child support or
  for possession of and access to a child; and
                     (C)  modify or clarify an existing child support
  order;
               (4)  provide an informal forum in which alternative
  dispute resolution is used to resolve disputes under this code;
               (5)  prepare a court-ordered child custody evaluation
  or adoption evaluation [social study] under Chapter 107;
               (6)  represent a child as an amicus attorney, an
  attorney ad litem, or a guardian ad litem in a suit in which:
                     (A)  termination of the parent-child relationship
  is sought; or
                     (B)  conservatorship of or access to a child is
  contested;
               (7)  serve as a friend of the court;
               (8)  provide predivorce counseling ordered by a court;
               (9)  provide community supervision services under
  Chapter 157;
               (10)  provide information to assist a party in
  understanding, complying with, or enforcing the party's duties and
  obligations under Subdivision (3);
               (11)  provide, directly or through a contract,
  visitation services, including supervision of court-ordered
  visitation, visitation exchange, or other similar services;
               (12)  issue an administrative writ of withholding under
  Subchapter F, Chapter 158; and
               (13)  provide parenting coordinator services under
  Chapter 153.
         SECTION 3.06.  Section 203.005(a), Family Code, is amended
  to read as follows:
         (a)  The administering entity may authorize a domestic
  relations office to assess and collect:
               (1)  an initial operations fee not to exceed $15 to be
  paid to the domestic relations office on each filing of an original
  suit, motion for modification, or motion for enforcement;
               (2)  in a county that has a child support enforcement
  cooperative agreement with the Title IV-D agency, an initial child
  support service fee not to exceed $36 to be paid to the domestic
  relations office on the filing of an original suit;
               (3)  a reasonable application fee to be paid by an
  applicant requesting services from the office;
               (4)  a reasonable attorney's fee and court costs
  incurred or ordered by the court;
               (5)  a monthly service fee not to exceed $3 to be paid
  annually in advance by a managing conservator and possessory
  conservator for whom the domestic relations office provides child
  support services;
               (6)  community supervision fees as provided by Chapter
  157 if community supervision officers are employed by the domestic
  relations office;
               (7)  a reasonable fee for preparation of a
  court-ordered child custody evaluation or adoption evaluation
  [social study];
               (8)  in a county that provides visitation services
  under Sections 153.014 and 203.004 a reasonable fee to be paid to
  the domestic relations office at the time the visitation services
  are provided;
               (9)  a fee to reimburse the domestic relations office
  for a fee required to be paid under Section 158.503(d) for filing an
  administrative writ of withholding;
               (10)  a reasonable fee for parenting coordinator
  services; and
               (11)  a reasonable fee for alternative dispute
  resolution services.
         SECTION 3.07.  Sections 411.1285(a) and (c), Government
  Code, are amended to read as follows:
         (a)  A domestic relations office created under Chapter 203,
  Family Code, is entitled to obtain from the department criminal
  history record information that relates to a person who is a party
  to a proceeding in which the domestic relations office is providing
  services permitted under Chapter 203, Family Code, or a person
  involved in a child custody evaluation under Chapter 107, Family
  Code, in which the domestic relations office has been appointed to
  conduct the child custody evaluation.
         (c)  Criminal history record information requested under
  this section, except for relevant [including] information included
  in a report of a child custody evaluation or adoption evaluation
  [social study] filed under Chapter 107 [Section 107.054], Family
  Code, may not be released or disclosed by a domestic relations
  office to a person other than the court ordering the child custody
  evaluation or adoption evaluation [social study] except on court
  order or with the consent of the person who is the subject of the
  criminal history record information.
         SECTION 3.08.  Section 152.06331(f), Human Resources Code,
  is amended to read as follows:
         (f)  Fees for the preparation of a court-ordered child
  custody evaluation or adoption evaluation [social study] or any
  other services provided by the domestic relations office, other
  than services related to the collection of child support, must be
  reasonable and imposed on a sliding scale according to the
  financial resources of the parties using the services.
  ARTICLE 4. REPEALERS
         SECTION 4.01.  Sections 107.0515, 107.0519, 107.052, and
  107.053, Family Code, are repealed.
  ARTICLE 5. TRANSITION AND EFFECTIVE DATE
         SECTION 5.01.  (a) Not later than March 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 or adoption evaluation conducted by a
  person licensed by any of the boards must be reported to the court
  that ordered the evaluation; 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 March 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 March 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.
         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.
         (c)  Notwithstanding Section 107.104(b)(1), Family Code, as
  redesignated and amended by this Act, an individual who on or before
  the effective date of this Act has completed at least 20 social
  studies ordered by a court in suits affecting the parent-child
  relationship and who holds a license to practice in this state as a
  social worker, professional counselor, marriage and family
  therapist, or psychologist is not required to comply with Section
  107.104(b)(1), Family Code, as redesignated and amended by this
  Act.
         SECTION 5.03.  The changes in law made by this Act apply to a
  suit affecting the parent-child relationship that is filed on or
  after March 1, 2016.
         SECTION 5.04.  This Act takes effect September 1, 2015.