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.
Impact
If acted upon, this resolution could lead to significant reforms in how mental health evaluations are conducted during child custody proceedings in Louisiana. The current laws, R.S. 9:331 and R.S. 9:355.15, have not been updated in several decades, resulting in ambiguity surrounding the qualifications of evaluators and the guidelines for conducting evaluations. This lack of clarity not only affects the parties involved but also poses a risk to the judicial process, as courts rely heavily on these evaluations to influence their custody decisions.
Summary
Senate Resolution 186 urges the Louisiana State Law Institute to conduct a comprehensive review of state laws, rules, regulations, policies, and procedures related to mental health evaluations in child custody and visitation cases. The resolution highlights the increasing reliance on mental health evaluations in these proceedings, stressing that there have been substantial changes and increases in the number of evaluations conducted since the statutes governing them were enacted in the 1990s. It aims to improve clarity and guidance on the evaluation process in the interest of protecting the welfare of children involved in custody disputes.
Sentiment
The general sentiment surrounding SR186 appears to be supportive, as it addresses a critical area of family law that has not been adequately revised or updated in a significant amount of time. Stakeholders involved in family law proceedings would likely welcome the attention to mental health standards within child custody evaluations, viewing it as a necessary step in ensuring fair and just outcomes for children and families.
Contention
A potential point of contention remains whether the changes proposed in response to the resolution will adequately address all ambiguities present in existing laws. While there is broad agreement on the importance of updating mental health evaluation procedures, discussions may arise regarding specific guidelines, qualifications for mental health professionals, and how these changes might impact current judicial practices. Ensuring that the recommendations from the Louisiana State Law Institute do not lead to further complexities in an already sensitive area of family law will be crucial.
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.
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
Requests the Louisiana State Law Institute to conduct a review and study of Louisiana's in forma pauperis and related statutes as applied by Louisiana courts in civil judicial proceedings.