SSHB236 4747 4751
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 236 2024 Regular Session McMakin
CHILDREN/CUSTODY: Provides for evaluations in child custody proceedings
Synopsis of Senate Amendments
1.Removes evidentiary restrictions that would prevent a licensed mental health
professional or child custody evaluator from testifying or basing opinions on
hearsay statements regarding disputed factual issues.
Digest of Bill as Finally Passed by Senate
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.
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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)
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