Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1449 by Thompson, Senfronia (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.), As Engrossed
No significant fiscal implication to the State is anticipated.
The bill amends Chapter 107 of the Family Code to establish certain qualifications for evaluators in child custody and adoption evaluations, as well as requirements for the evaluations. The bill also limits testimony relating to the conservatorship of or access to a child at issue in a suit to the individual who conducted the child custody evaluation.
The bill requires the Board of Examiners of Psychologists (the Board) to adopt rules which specify that any complaint relating to the outcome of certain evaluations must be reported to the court instead of the Board. The bill also states that this provision does not affect the authority of the board to enforce compliance with state law and administrative rules with regard to license holders.
The Department of Family and Protective Services (DFPS) anticipates no fiscal impact due to the agency's exemption from the minimum qualifications provisions for child custody and adoption evaluators in the bill. The Health and Human Services Commission and the Texas Medical Board anticipate no significant fiscal impact as a result of this bill. This analysis assumes that administrative penalties collected by the Board would not be impacted by the bill. The Office of Court Administration anticipates no significant fiscal impact to the state court system resulting from this bill.
Local Government Impact
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution, and confinement could likely be absorbed with existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 520 Board of Examiners of Psychologists, 530 Family and Protective Services, Department of, 503 Texas Medical Board, 529 Health and Human Services Commission