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 236 Engrossed 2024 Regular Session McMakin
Abstract: Provides for evaluations in child custody proceedings.
Present law (R.S. 9:331) authorizes the court to order an evaluation by a mental health professional
in a child custody or visitation proceeding and prohibits ex parte communication.
Proposed law retains present law and clarifies that the evaluation is a mental health evaluation only.
Present law provides for the awarding of costs.
Proposed law retains present law and provides for the consideration of the parties' ability to pay and
for the reallocation of costs upon conclusion of the matter.
Present law defines "licensed mental health professional".
Proposed law modernizes the language and removes the exemption.
Proposed law adds a requirement that the professional have experience working with perpetrators
and victims of domestic abuse if that is an issue in the case.
Proposed law (R.S. 9:331.3) provides a separate procedure for the appointment of a child custody
evaluator to conduct a court-appointed child custody evaluation in a custody or visitation proceeding.
Proposed law requires the child custody evaluator to be a licensed mental health professional and
to use the Association of Family and Conciliation Courts' Guidelines for Parenting Plan Evaluations
in Family Law Cases.
Proposed law requires a child custody evaluator to have completed at least five co-evaluations prior
to being appointed by the court.
Proposed law requires parties and children to cooperate in the evaluation.
Proposed law requires the child custody evaluator to have experience working with perpetrators and
victims of domestic abuse if that is an issue in the case.
Proposed law provides for the payment of costs, the consideration of the parties' ability to pay, and
the reallocation of costs upon conclusion of the matter. Proposed law provides for the issuance of a written report to the parties and for the evaluator to serve
as a witness and be subject to cross-examination.
Proposed law provides that there shall not be a presumption in favor of the evaluator's findings.
Proposed law prohibits ex parte communication between the litigants or their attorneys and the child
custody evaluator.
(Amends R.S. 9:331; Adds R.S. 9:331.3)