2022 Regular Session ENROLLED
SENATE RESOLUTION NO. 186
BY SENATOR PEACOCK
A RESOLUTION
To urge and request the Louisiana State Law Institute to review state laws, rules,
regulations, policies, and procedures related to mental health evaluations used in
child custody and visitation proceedings.
WHEREAS, mental health evaluations are an integral part of child custody and
visitation judicial proceedings; and
WHEREAS, Louisiana has at least two statutes, R.S. 9:331 and 9:355.15, that govern
mental health evaluations in child custody and visitation proceedings; and
WHEREAS, R.S. 9:331 provides that the court may order an evaluation of a party
or the child by a mental health professional in a child custody or visitation proceeding for
good cause shown; and
WHEREAS, R.S. 9:331 further states that the court may order a party or the child to
submit to and cooperate in the evaluation, testing, or interview by the mental health
professional and that the mental health professional shall issue a report of their evaluation
and serve as a witness in the court proceeding; and
WHEREAS, R.S. 9:355.15 provides that the court, on motion of either party or on
its own motion, may appoint an independent mental health expert to render a report to assist
the court in determining the best interest of the child; and
WHEREAS, R.S. 9:331 was enacted in 1993 and R.S. 9:355.15 was enacted in 1997
and neither law has been modified nor updated to provide any additional clarity or guidance
on conducting mental health evaluations in child custody and visitation proceedings,
including the expertise of the mental health professional conducting the evaluation; and
WHEREAS, according to reported decisions, mental health evaluations have
increased at least tenfold since the 1990s, when these statutes were enacted, and more
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recently have doubled in the last eight years; and
WHEREAS, the Fourth, Fourteenth, Fifteenth, Sixteenth, Eighteenth,
Twenty-second, and Twenty-seventh Judicial Districts, as well as the Orleans Civil District
Court, have found it necessary to adopt detailed court-specific rules concerning mental
health evaluations in family law proceedings; and
WHEREAS, the rules of these judicial districts may include provisions addressing
the following:
(1) Custody evaluation serving as the de facto primary evidence gathering
mechanism and the Court's primary due process procedures;
(2) Encouraging collaborative coparenting while discouraging approaches that strip
parental and custodial rights from one parent, unless justified under the existing domestic
violence laws;
(3) Evaluators' treatment of coercive control or other forms of emotional abuse when
evaluating the coparenting dynamics. The finding and rulings provided by the Child Custody
Evaluation significantly influence the coparenting dynamics and the final child physical
custody arrangement as these two areas are intertwined;
(4) Information included in any report to the court and the scientific methodology
used to create any reports and evaluations;
(5) Administrative rules and guidelines to ensure the following: (1) Evaluators adhere
to the proper rules of evidence; (2) the Court upholds its constitutional due process
requirements; and (3) removal of a parent's fundamental rights is only considered under the
Supreme Court's strict scrutiny standard;
(6) The amount of weight allowed to be given to an evaluation by the judge in
determining child custody or visitation rights;
(7) Mechanisms to disqualify Custody Evaluators and the proper sanctions imposed
if disqualified;
(8) Manner in which the costs of the evaluation should be advanced by the parties
utilizing the existing curator system to ensure a blind payment structure and avoid bias in
the evaluation process; and
(9) Procedures used by hearing officers; and
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WHEREAS, there is ambiguity as to whether R.S. 9:331 or Code of Civil Procedure
Articles 1464, 1465, and 1465.1, relating to experts, apply in child custody and visitation
proceedings; and
WHEREAS, there is additional ambiguity as to whether, when, and how Code of
Evidence Articles 702 through 706, regarding experts, and 801 through 804, regarding
hearsay, apply in child custody and visitation proceedings when a mental health evaluation
is ordered; and
WHEREAS, this ambiguity and uncertainty detrimentally impacts those parties
diligently trying to provide for the health and welfare of their children which is a matter of
utmost consideration relating to the best interest of Louisiana children in child custody and
visitation proceedings.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request that the Louisiana State Law Institute study the various state
laws, rules, regulations, policies, and procedures relative to mental health evaluations used
in child custody and visitation proceedings, and report its findings and recommendations to
the legislature on or before March 1, 2023, in order to address the need for any revisions and
recommendations to improve, clarify, and standardize these procedures across the state in
family court proceedings.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
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