Bill Text: TX SB820 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-13 - Not again placed on intent calendar [SB820 Detail]
Download: Texas-2015-SB820-Introduced.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-13 - Not again placed on intent calendar [SB820 Detail]
Download: Texas-2015-SB820-Introduced.html
84R7912 JSC-F | ||
By: Rodríguez | S.B. No. 820 |
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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 [ |
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SECTION 1.02. The heading to Subchapter D, Chapter 107, | ||
Family Code, is amended to read as follows: | ||
SUBCHAPTER D. CHILD CUSTODY EVALUATION [ |
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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 [ |
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(1) "Child custody evaluation" [ |
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an evaluative process ordered by a court in a contested case through | ||
which information, opinions, [ |
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specific questions asked by the court may be: | ||
(A) made regarding: | ||
(i) [ |
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of a child, including the terms and conditions of conservatorship; | ||
(ii) [ |
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child, including the terms and conditions of possession or access; | ||
or | ||
(iii) any other issue affecting the best | ||
interest of a child; and | ||
(B) [ |
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the suit, [ |
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appointed under this chapter by the court in the suit. [ |
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(2) "Child custody [ |
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individual who conducts a child custody evaluation [ |
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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. | ||
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. | ||
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 [ |
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the preparation of a child custody evaluation regarding: | ||
(1) [ |
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condition of: | ||
(A) [ |
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(B) [ |
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(C) [ |
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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 | ||
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(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 [ |
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(d) Except as provided by Section 107.106 [ |
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each individual who conducts a child custody evaluation [ |
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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 [ |
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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) [ |
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(1) have at least a master's [ |
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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 [ |
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prospective, to meet those needs; and | ||
(B) after obtaining a license required by this | ||
subdivision, have performed [ |
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least 10 court-ordered child custody evaluations [ |
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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 [ |
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(3) be employed by or under contract with a domestic | ||
relations office, provided that the individual conducts child | ||
custody evaluations [ |
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ordered by a court to participate in child custody evaluations | ||
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(c) [ |
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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 | ||
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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. (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. 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. | ||
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 [ |
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EVALUATOR: CONFLICTS OF INTEREST AND BIAS. (a) Before accepting | ||
appointment as a child custody [ |
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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 [ |
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person believes the person has with any party to the [ |
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suit or a child who is the subject of the suit; | ||
(2) any [ |
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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[ |
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(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 [ |
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previously conducted a child custody evaluation [ |
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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. | ||
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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 [ |
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CONDUCT OF CHILD CUSTODY EVALUATION [ |
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OF REPORT. (a) Unless otherwise directed by a court or prescribed | ||
by a provision of this title, a child custody [ |
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evaluator's actions in conducting a child custody evaluation must | ||
[ |
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standard of care applicable to the evaluator's licensure and any | ||
administrative rules, ethical standards, or guidelines adopted by | ||
the licensing authority [ |
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(b) A [ |
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applicable to a child custody evaluation [ |
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custody [ |
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subchapter. | ||
(c) A child custody [ |
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evidence-based practice methods and make use of current best | ||
evidence in making assessments and recommendations. | ||
(d) A child custody [ |
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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 [ |
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subsection does not apply to a communication between a child | ||
custody [ |
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attorney. | ||
(e) To the extent possible, a child custody [ |
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evaluator shall verify each statement of fact pertinent to a child | ||
custody evaluation [ |
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verification and information in the child custody evaluation report | ||
prepared under Section 107.113. | ||
(f) A child custody [ |
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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 [ |
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who has evaluated only one side of a contested suit [ |
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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 [ |
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(g) A child custody evaluation [ |
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subchapter, regardless of whether the child custody evaluation | ||
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(1) by a single child custody [ |
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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 [ |
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include for each child custody evaluator who conducted any portion | ||
of the child custody evaluation: | ||
(1) the name and[ |
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custody evaluator;[ |
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(2) a statement that the child custody evaluator: | ||
(A) meets the requirements of [ |
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(B) was appointed under Section 107.106 | ||
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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 [ |
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EVALUATION [ |
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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 [ |
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(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 [ |
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of each party to the suit; | ||
(3) observation of each child who is the subject of [ |
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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 [ |
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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) [ |
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party seeking conservatorship of a child who is the subject of [ |
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the condition of the home environment is identified as not being in | ||
dispute in the court order requiring the child custody evaluation | ||
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(7) [ |
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subject to the child custody evaluation [ |
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consideration of any criminal history record information and any | ||
contact with the department [ |
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and | ||
(8) [ |
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child who is the subject of [ |
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seeking possession of or access to the child. | ||
(d) [ |
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evaluation [ |
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(1) balanced interviews and observation of each child | ||
who is the subject of [ |
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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 [ |
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(3) evaluation of the home environment of each party | ||
seeking conservatorship of a child who is the subject of [ |
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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. | ||
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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. | ||
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 [ |
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EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT [ |
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department [ |
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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 [ |
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(b) Except as provided by this section, records obtained by | ||
a child custody [ |
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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 [ |
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information obtained under Subsection (a) in the child custody | ||
evaluation [ |
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only to the extent the evaluator determines that the information is | ||
relevant to the child custody evaluation [ |
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recommendation made under this subchapter. | ||
(d) A person commits an offense if the person knowingly | ||
discloses confidential information obtained from the department | ||
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section. An offense under this subsection is a Class A misdemeanor. | ||
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. | ||
SECTION 1.14. Section 107.054, Family Code, is redesignated | ||
as Section 107.113, Family Code, and amended to read as follows: | ||
Sec. 107.113 [ |
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REQUIRED [ |
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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 [ |
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evaluation [ |
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date set by the court a report containing the person's [ |
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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 1.15. Section 107.055, Family Code, is redesignated | ||
as Section 107.114, Family Code, and amended to read as follows: | ||
Sec. 107.114 [ |
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CHILD CUSTODY EVALUATION REPORT [ |
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jury of the contents of a child custody evaluation report prepared | ||
under Section 107.113 [ |
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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 [ |
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evaluation report [ |
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earlier of: | ||
(1) the third [ |
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custody evaluation report [ |
||
(2) the 30th [ |
||
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 [ |
||
|
||
|
||
|
||
SECTION 1.16. Section 107.056, Family Code, is redesignated | ||
as Section 107.115, Family Code, and amended to read as follows: | ||
Sec. 107.115 [ |
||
[ |
||
[ |
||
|
||
fee for the preparation of the child custody evaluation [ |
||
that shall be imposed in the form of a money judgment and paid | ||
directly to the [ |
||
may enforce the judgment for the fee by any means available under | ||
law for civil judgments. | ||
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. (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. 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. | ||
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. | ||
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) 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 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) 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. | ||
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 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. | ||
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 [ |
||
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 [ |
||
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 [ |
||
|
||
adoption evaluation [ |
||
|
||
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 [ |
||
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 [ |
||
(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 | ||
[ |
||
(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 [ |
||
in a report of a child custody evaluation or adoption evaluation | ||
[ |
||
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 [ |
||
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 [ |
||
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 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. | ||
(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. | ||
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. | ||
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. | ||
SECTION 5.04. This Act takes effect September 1, 2015. |