Louisiana Senate Bill SB461

Louisiana 2016 Regular Session

• Introduced: 4/5/16
• Refer: 4/6/16

Caption

Provides relative to evaluation by mental health professional in child custody and visitation cases. (gov sig)

Impact

The bill introduces specific evidentiary rules aimed at improving the reliability of mental health evaluations in custody cases. It stipulates that reports from mental health professionals cannot be considered by the court until they have been admitted into evidence and that all parties have the opportunity to cross-examine the professionals involved. It further sets restrictions on the admissibility of hearsay and emphasizes that children's testimonies are not to be excluded unless proper legal grounds exist. This adds a layer of protection for both the child and the integrity of the judicial process in sensitive matters concerning families.

Summary

Senate Bill 461 aims to improve the processes surrounding child custody and visitation cases in Louisiana by focusing on the evaluation conducted by mental health professionals. It proposes that the testimony of minor children who are alleged to have witnessed or been victims of parental misconduct will be treated as that of any other witness in civil cases. This change recognizes the importance of children's voices in legal proceedings that deeply affect their lives and aims to ensure that their testimony is handled with appropriate legal standards and safeguards.

Sentiment

Overall, the sentiment around SB 461 appears supportive among those who advocate for children's rights and welfare within legal contexts. Proponents argue that the bill is a necessary response to the realities of child custody disputes, particularly in cases marked by domestic violence or abuse. Critics may question the implementation of such evaluations and how they could affect parental rights, particularly in contentious custody battles, indicating a concern for maintaining a balanced approach that safeguards children's welfare while adhering to fair legal standards.

Contention

Potential points of contention within this bill may include the rigorous standards it imposes on mental health evaluations and the weighing of children's voices against parental rights. Stakeholders may have varying opinions on whether the strict guidelines for admitting testimonies could complicate legal proceedings or instead lead to better outcomes for children. Additionally, the interaction between the courts and mental health professionals raises questions about the nature of expert evidence in family law, which could be a focal point of debate as the bill progresses.