DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 272 Reengrossed 2022 Regular Session Jefferson
Abstract: Provides for mental health evaluations in divorce and child custody proceedings.
Present law (R.S. 9:327) allows a court to order a mental health evaluation of the parties when
determining an award of final spousal support.
Proposed law requires the appointed mental health professional to be licensed.
Present law (R.S. 9:331) authorizes the court to order an evaluation of a party, conducted by a mental
health professional, during a child custody or visitation proceeding.
Proposed law requires the mental health professional to be licensed.
Proposed law defines "licensed mental health professional" as person who possesses at least a
master's degree and who is licensed in counseling, social work, psychology, marriage and family
counseling, or is exempt from licensing requirements pursuant to present law.
Proposed law prohibits ex parte communications with the licensed mental health professional unless
authorized by law, approved by the court, or agreed to by the parties.
Present law (R.S. 9:355.15) allows the court to appoint a mental health expert to assist the court in
determining whether it is in the best interest of a child to allow a parent to relocate the residence of
the child.
Proposed law requires the mental health expert to be a licensed professional.
Present law (R.S. 9:365) requires mental health professionals who conduct custody evaluations in
family violence case to have experience relative to family violence.
Proposed law requires the mental health professional to be licensed.
(Amends R.S. 9:327(B), 331, 355.15, and 365)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill: 1. Include persons exempt from licensing requirements pursuant to present law in the
definition of "licensed mental health professional".