Bill Text: TX SB820 | 2015-2016 | 84th Legislature | Comm Sub

---

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-Comm_Sub.html

---

By: Rodríguez S.B. No. 820
(In the Senate - Filed February 26, 2015; March 3, 2015,
read first time and referred to Committee on State Affairs;
May 11, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; May 11, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 820 By: Ellis

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, 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 record information relating
to each child who is the subject of the suit, each party to the suit,
and each person who lives with a party to the suit; and
(E) any other collateral source that may have
relevant information;
(6) [(5)] evaluation of the home environment of each
party seeking conservatorship of a child who is the subject of [at
issue in] the suit or possession of or access to the child, unless
the condition of the home environment is identified as not being in
dispute in the court order requiring the child custody evaluation
[social study];
(7) [(6)] for each individual residing in a residence
subject to the child custody evaluation [social study],
consideration of any criminal history record information and any
contact with the department [Department of Family and Protective
Services] or a law enforcement agency regarding abuse or neglect;
and
(8) [(7)] assessment of the relationship between each
child who is the subject of [at issue in] the suit and each party
seeking possession of or access to the child.
(d) [(b)] The additional elements of a child custody
evaluation [social study] under this subchapter consist of:
(1) balanced interviews and observations
[observation] of each child who is the subject of [at issue in] the
suit so that a child who is interviewed or observed while in the
care of one party to the suit is also interviewed or observed while
in the care of each other party to the suit;
(2) an interview of each individual, including a child
who is at least four years of age, residing on a full-time or
part-time basis in a residence subject to the child custody
evaluation [social study]; [and]
(3) evaluation of the home environment of each party
seeking conservatorship of a child who is the subject of [at issue
in] the suit or possession of or access to the child, regardless of
whether the home environment is in dispute;
(4) observation of a child who is the subject of the
suit with each adult who lives in a residence that is the subject of
the evaluation;
(5) an interview, if the child is at least four years
of age, and observation of a child who is not the subject of the suit
but who lives on a full-time or part-time basis in a residence that
is the subject of the evaluation;
(6) psychometric testing, if necessary, consistent
with Section 107.110; and
(7) the performance of other tasks requested of the
evaluator by the court, including:
(A) a joint interview of the parties to the suit;
or
(B) the review of any other information that the
court determines is relevant.
[(c) A social study evaluator may not offer an opinion
regarding conservatorship of a child at issue in a suit or
possession of or access to the child unless each basic element of a
social study under Subsection (a) has been completed. A social
study evaluator shall identify in the report any additional element
of a social study under Subsection (b) that was not completed and
shall explain the reasons that the element was not completed.]
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, 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. REPEALER
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.
* * * * *