BILL ANALYSIS

 

 

Senate Research Center	H.B. 4062
88R23821 AMF-D	By: Harris, Cody (Hughes)
	State Affairs
	5/17/2023
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

There is a lack of transparency during the interview conducted between a child custody evaluator and a child who is the subject of a suit seeking conservatorship of, possession of, or access to the child. Often times, a child may answer an interview question differently than they would in front of a family judge due to pressure from the evaluator or interested parties. This can hinder a family court's ability to reach a fair decision that is not influenced by other actors. H.B. 4062 seeks to resolve this issue by requiring a child custody evaluator to create an audiovisual recording of each interview the evaluator conducts with a child who is the subject of a suit seeking conservatorship of, possession of, or access to the child.

 

H.B. 4062 amends current law relating to creating an audiovisual recording of an interview of a child by a child custody evaluator in certain suits affecting the parent-child relationship.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 107.112, Family Code, by amending Subsections (a) and (d) and adding Subsection (b-1), as follows:

 

(a) Provides that, subject to Subsection (b-1), 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. Makes a nonsubstantive change.

 

(b-1) Requires a child custody evaluator to create an audiovisual recording of each interview the evaluator conducts with a child who is the subject of a suit seeking conservatorship of, possession of, or access to the child. Provides that a recording created under this subsection is confidential and is prohibited from being released after the completion of the suit in which the evaluator conducted the evaluation, except by court order for good cause shown.

 

(d) Requires that, subject to Subsection (b-1), records relating to a child custody evaluation conducted by certain persons be made available on written request according to the local rules and policies of the domestic relations office. Makes a nonsubstantive change.

 

SECTION 2. Makes application of the changes in law made by this Act prospective.

 

SECTION 3. Effective date: September 1, 2023.