Requests the Louisiana State Law Institute to review state laws, rules, regulations, policies, and procedures relative to mental health evaluations used in child custody and visitation proceedings.
Impact
If enacted, the resolution would initiate a comprehensive review of laws, rules, regulations, and procedures concerning mental health evaluations in custody and visitation cases. This could lead to the establishment of clearer guidelines and standards for the selection of mental health professionals, evaluation procedures, and the overall handling of such evaluations in court settings. The legislative intent appears to be focused on enhancing clarity and uniformity in the judicial process, particularly as it pertains to safeguarding the well-being of children involved in these sensitive matters.
Summary
Senate Resolution 46, sponsored by Senator Perry, calls for the Louisiana State Law Institute to review existing state laws related to mental health evaluations in child custody and visitation proceedings. The resolution highlights that the current statutes, R.S. 9:331 and R.S. 9:355.15, have not been updated since their enactment in the 1990s, despite significant increases in the use of mental health evaluations in family law. The aim of the bill is to address inconsistencies and potentially outdated procedures that could impact the determination of a child's best interest during custody disputes.
Sentiment
The general sentiment surrounding SR46 is one of cautious optimism. Supporters see the need for review and potential reform as a step forward in improving child custody determinations and ensuring that mental health evaluations are conducted in a manner that best serves the interests of the children. However, as with many legal reforms, there may be apprehensions about the implications of changing existing laws, and stakeholders in the child custody framework may have differing views on the necessity and potential outcomes of such a review.
Contention
One notable point of contention raised by the resolution is the current confusion among various judicial districts regarding the application of R.S. 9:331 and the procedural rules for mental health evaluations. Different districts have adopted their own guidelines, leading to a patchwork of practices that may undermine the consistency needed for fair treatment in custody cases. This inconsistency creates challenges for parents and legal professionals navigating the family law system in Louisiana, highlighting the need for a systematic and standardized approach to mental health evaluations.
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 proceedings.
Requests the Louisiana State Law Institute to study evaluations conducted by mental health professionals used in child custody and visitation proceedings
Requests the La. State Law Institute to review child support guidelines and laws regarding custody and visitation relative to children with developmental disabilities