SSHB272 3645 5239
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 272 2022 Regular Session Jefferson
FAMILY LAW: Provides for mental health evaluations in divorce and child custody
proceedings
Synopsis of Senate Amendments
1.Provides an exception to prohibited ex parte communications for
communications initiated by a licensed mental health professional with a
litigant for the purpose of conducting a court-ordered evaluation.
Digest of Bill as Finally Passed by Senate
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 a 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, agreed to by the parties, or initiated by the
mental health professional for the purpose of conducting the court-ordered evaluation.
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 cases 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)
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