Louisiana House Bill HR228

Louisiana 2022 Regular Session

• Introduced: 6/1/22
• Passed: 6/6/22

Caption

Requests the Louisiana State Law Institute to study evaluations conducted by mental health professionals used in child custody and visitation proceedings

Impact

The bill has important implications for existing state laws governing child custody. If successfully enacted, it could lead to significant revisions and clarifications in the statutes and procedures currently in place. The increased scrutiny on mental health evaluations aims to ensure their reliability and objectivity, thus enhancing the legal framework around custody decisions. The resolution specifically highlights the necessity for updates, as the laws governing these evaluations have remained unchanged since the 1990s, despite a significant increase in their application in court cases.

Summary

House Resolution 228 (HR228) requests that the Louisiana State Law Institute undertake a thorough study of the laws, rules, and procedures regarding evaluations conducted by mental health professionals in child custody and visitation proceedings. This legislative effort is prompted by concerns over existing ambiguities in the law, especially those pertaining to how evaluations influence custody decisions and the rights of parents involved in such disputes. HR228 is aimed at ensuring that evaluations are conducted in a standardized manner that prioritizes the welfare of children in Louisiana's family courts.

Sentiment

The sentiment surrounding HR228 appears to be supportive among lawmakers who recognize the need for clearer regulations regarding mental health evaluations in custody cases. There is an acknowledgment of the complexities involved in such evaluations and the critical role they play in the custody determination process. However, there may be apprehensions from some stakeholders who could fear that any proposed changes might inadvertently complicate or hinder existing processes.

Contention

While there has been general support for HR228, the bill also surfaces potential points of contention, particularly regarding how changes may affect the discretion exercised by courts and evaluators in custody matters. Some may argue that establishing predetermined guidelines could restrict judicial flexibility in unique cases. Moreover, discussions might arise about ensuring that evaluators are adequately qualified and unbiased, which could be central to the proposed reforms aimed at enhancing the integrity of these evaluations within family law.