Texas 2009 - 81st Regular

Texas Senate Bill SB864 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R766 KSD-F
2	2	By: Harris S.B. No. 864
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the qualifications and duties of a parenting
8	8	coordinator in a suit affecting the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 153.601(3), Family Code, is amended to
11	11	read as follows:
12	12	(3) "Parenting coordinator" means an impartial third
13	13	party who:
14	14	(A) regardless of the title by which the person
15	15	is designated by the court, performs any function described by
16	16	Section 153.606 in a suit; and
17	17	(B) is appointed under this subchapter by the
18	18	court on its own motion or on a motion or agreement of the parties to
19	19	assist parties in resolving parenting issues.
20	20	SECTION 2. Section 153.605, Family Code, is amended by
21	21	amending Subsections (a) and (b) and adding Subsection (a-1) to
22	22	read as follows:
23	23	(a) In a suit affecting the parent-child relationship, the
24	24	court may, on its own motion or on a motion or agreement of the
25	25	parties, appoint a parenting coordinator [to assist the parties in
26	26	resolving parenting issues]. A person may not be appointed to serve
27	27	as parenting coordinator unless the person satisfies the minimum
28	28	qualifications of Section 153.610.
29	29	(a-1) The court shall specify in the order appointing the
30	30	parenting coordinator whether the parenting coordinator serves on a
31	31	confidential or nonconfidential basis, as described by Section
32	32	153.606. If the order does not state whether the parenting
33	33	coordinator serves on a confidential or nonconfidential basis, the
34	34	parenting coordinator's service is on a confidential basis, unless,
35	35	before beginning the parenting coordination, each attorney for a
36	36	party and any party who does not have an attorney executes a written
37	37	waiver of confidentiality.
38	38	(b) The court may not appoint a parenting coordinator
39	39	unless, after notice and hearing, the court makes a specific
40	40	finding that:
41	41	(1) the case is a high-conflict case[;] or
42	42	[(2)] there is good cause shown for the appointment of
43	43	a parenting coordinator and the appointment is in the best interest
44	44	of any minor child in the suit; and
45	45	(2) the person appointed has the minimum
46	46	qualifications required by Section 153.610, as documented by the
47	47	person.
48	48	SECTION 3. Subchapter K, Chapter 153, Family Code, is
49	49	amended by adding Section 153.6051 to read as follows:
50	50	Sec. 153.6051. PARENTING COORDINATOR: CONFLICTS OF
51	51	INTEREST AND BIAS. (a) A person who, before being appointed as
52	52	parenting coordinator in a suit, has a conflict of interest with, or
53	53	has previous knowledge of, a party or a child who is the subject of
54	54	the suit shall:
55	55	(1) disclose the conflict or previous knowledge to the
56	56	court, each attorney for a party, any attorney for a child, and any
57	57	party who does not have an attorney before accepting the
58	58	appointment; and
59	59	(2) decline appointment in the suit unless the parties
60	60	and the child's attorney, if any, agree in writing to the person's
61	61	appointment as parenting coordinator.
62	62	(b) A parenting coordinator who discovers after being
63	63	appointed in a suit that the parenting coordinator has a conflict of
64	64	interest with, or has previous knowledge of, a party or a child who
65	65	is the subject of the suit shall:
66	66	(1) immediately disclose the conflict or previous
67	67	knowledge to the court, each attorney for a party, any attorney for
68	68	a child, and any party who does not have an attorney; and
69	69	(2) withdraw from the suit unless the parties and the
70	70	child's attorney, if any, agree in writing to the person's
71	71	continuation as parenting coordinator.
72	72	(c) A parenting coordinator, before appointment in a suit,
73	73	must disclose to the court, each attorney for a party, any attorney
74	74	for a child who is the subject of the suit, and any party who does
75	75	not have an attorney, the existence of any:
76	76	(1) pecuniary relationship with an attorney, party, or
77	77	child in the suit;
78	78	(2) relationship of confidence or trust with an
79	79	attorney, party, or child in the suit; and
80	80	(3) other information regarding any relationship with
81	81	an attorney, party, or child in the suit that might reasonably
82	82	affect the ability of the person to act impartially during the
83	83	person's service as parenting coordinator.
84	84	(d) A person who makes a disclosure required by Subsection
85	85	(c)(1) shall decline appointment as parenting coordinator unless
86	86	the parties and the child's attorney, if any, agree in writing to
87	87	the person's service as parenting coordinator in the suit.
88	88	(e) A parenting coordinator may not serve in any other
89	89	professional capacity at any other time with any person who is a
90	90	party to, or the subject of, the suit in which the person serves as
91	91	parenting coordinator, or with any member of the family of a party
92	92	or subject. A person who, before appointment as a parenting
93	93	coordinator in a suit, served in any other professional capacity
94	94	with a person who is a party to, or subject of, the suit, or with any
95	95	member of the family of a party or subject, may not serve as
96	96	parenting coordinator in a suit involving any family member who is a
97	97	party to or subject of the suit. This subsection does not apply to a
98	98	person whose only other service in a professional capacity with a
99	99	family or any member of a family that is a party to or the subject of
100	100	a suit to which this section applies is as a teacher of co-parenting
101	101	skills in a class conducted in a group setting. For purposes of
102	102	this subsection, "family" has the meaning assigned by Section
103	103	71.003.
104	104	(f) A parenting coordinator may not serve in both a
105	105	confidential and nonconfidential capacity in the same case.
106	106	(g) A parenting coordinator shall promptly and
107	107	simultaneously disclose to each party's attorney, any attorney for
108	108	a child who is a subject of the suit, and any party who does not have
109	109	an attorney the existence and substance of any communication
110	110	between the parenting coordinator and another person, including a
111	111	party, a party's attorney, a child who is the subject of the suit,
112	112	and any attorney for a child who is the subject of the suit, if the
113	113	communication occurred outside of a parent coordinating session and
114	114	involved the substance of parenting coordination.
115	115	SECTION 4. Section 153.606, Family Code, is amended by
116	116	amending Subsections (a), (c), and (d) and adding Subsections (a-1)
117	117	and (a-2) to read as follows:
118	118	(a) The court shall specify the [The] duties of a parenting
119	119	coordinator [must be specified] in the order appointing the
120	120	[parenting] coordinator.
121	121	(a-1) The duties of a [the] parenting coordinator appointed
122	122	on a confidential basis that may be specified in the order
123	123	appointing the coordinator are limited to matters that will aid the
124	124	parties in:
125	125	(1) identifying disputed issues;
126	126	(2) reducing misunderstandings;
127	127	(3) clarifying priorities;
128	128	(4) exploring possibilities for problem solving;
129	129	(5) developing methods of collaboration in parenting;
130	130	(6) understanding parenting plans and reaching
131	131	agreements about parenting issues to be included in a parenting
132	132	plan; and
133	133	(7) complying with the court's order regarding
134	134	conservatorship or possession of and access to the child.
135	135	(a-2) A parenting coordinator appointed on a
136	136	nonconfidential basis may perform the duties described by
137	137	Subsection (a-1), if the duties are specified in the order
138	138	appointing the coordinator. In addition, if specified in the
139	139	order, a parenting coordinator appointed on a nonconfidential basis
140	140	may:
141	141	(1) assist the parties in implementing parenting
142	142	plans;
143	143	(2) provide the parties with problem solving, conflict
144	144	management, and parenting skills training;
145	145	(3) monitor compliance with court orders;
146	146	(4) provide recommendations to the parties, their
147	147	attorneys, if any, and the court regarding long-term parenting
148	148	arrangements if temporary orders regarding possession, access, or
149	149	conservatorship are in effect; and
150	150	(5) assist the parties in resolving disputes and
151	151	disagreements regarding parenting issues.
152	152	(c) The parenting coordinator may not modify any order,
153	153	judgment, or decree. [If a suit is pending, any agreement made by
154	154	the parties with the assistance of the parenting coordinator must
155	155	be reduced to writing, signed by the parties and their attorneys, if
156	156	any, and filed with the court.]
157	157	(d) Meetings between the parenting coordinator and the
158	158	parties may be informal and are not required to follow any specific
159	159	procedures unless otherwise provided by this subchapter or by the
160	160	standards of practice of a license or certificate held by the
161	161	parenting coordinator.
162	162	SECTION 5. Section 153.607, Family Code, is amended to read
163	163	as follows:
164	164	Sec. 153.607. PRESUMPTION OF GOOD FAITH; REMOVAL OF
165	165	PARENTING COORDINATOR. (a) It is a rebuttal presumption that a
166	166	parenting coordinator is acting in good faith if the parenting
167	167	coordinator's services have been conducted as provided by this
168	168	subchapter and the standard of care applicable to the license or
169	169	certificate held by the parenting coordinator.
170	170	(a-1) Except as otherwise provided by this section, the
171	171	court may [shall reserve the right to] remove the parenting
172	172	coordinator in the court's discretion.
173	173	(b) The court shall remove a [the] parenting coordinator
174	174	appointed on a confidential basis:
175	175	(1) on the request of the parenting coordinator [and
176	176	agreement of both parties]; [or]
177	177	(2) on the motion of a party; or
178	178	(3) if the parenting coordinator ceases to satisfy the
179	179	minimum qualifications required by Section 153.610.
180	180	(c) The court may remove a parenting coordinator appointed
181	181	on a nonconfidential basis:
182	182	(1) on the request and agreement of both parties;
183	183	(2) on the motion of a party, if good cause is shown;
184	184	(3) on the request of the parenting coordinator; or
185	185	(4) if the parenting coordinator ceases to satisfy the
186	186	minimum qualifications required by Section 153.610.
187	187	SECTION 6. Section 153.608, Family Code, is amended to read
188	188	as follows:
189	189	Sec. 153.608. REPORT OF PARENTING COORDINATOR. (a) A
190	190	parenting coordinator shall submit a written report to the court
191	191	and to the parties as often as ordered by the court.
192	192	(b) If the parenting coordinator is appointed on a
193	193	confidential basis, the coordinator shall limit the [The] report
194	194	[must be limited] to a statement of whether the parenting
195	195	coordination should continue. The report of a parenting
196	196	coordinator appointed on a nonconfidential basis may include a
197	197	recommendation described by Section 153.6081(d) and any other
198	198	information required by the court.
199	199	SECTION 7. Subchapter K, Chapter 153, Family Code, is
200	200	amended by adding Sections 153.6081 and 153.6082 to read as
201	201	follows:
202	202	Sec. 153.6081. AGREEMENTS AND RECOMMENDATIONS. (a) If the
203	203	parties have been ordered by the court to attempt to settle a
204	204	dispute with the assistance of a parenting coordinator and to reach
205	205	a proposed joint resolution regarding the dispute, the parenting
206	206	coordinator shall report the proposal of the parties in writing to
207	207	the parties, any attorneys for the parties, and any attorney for a
208	208	child that is the subject of the suit, in order for the proposal to
209	209	be drafted into a form that meets the requirements, as appropriate,
210	210	of:
211	211	(1) Rule 11, Texas Rules of Civil Procedure;
212	212	(2) a mediated settlement agreement described by
213	213	Section 153.0071;
214	214	(3) a collaborative law agreement described by Section
215	215	153.0072;
216	216	(4) a settlement agreement described by Section
217	217	154.071, Civil Practice and Remedies Code; or
218	218	(5) a proposed court order.
219	219	(b) The parenting coordinator may assist the parties in
220	220	negotiating a statement of intent regarding the proposal. A
221	221	statement of intent is not an agreement unless it is:
222	222	(1) executed or approved by the court, as applicable;
223	223	and
224	224	(2) prepared by the parties' attorneys, if any, in a
225	225	form that meets the requirements described by Subsection (a).
226	226	(c) A parenting coordinator may not draft a settlement
227	227	agreement described by Section 154.071, Civil Practice and Remedies
228	228	Code.
229	229	(d) If the parties have been ordered by the court to attempt
230	230	to settle a dispute with the assistance of a parenting coordinator
231	231	appointed on a nonconfidential basis and are unable to settle the
232	232	dispute, the parenting coordinator may make recommendations to the
233	233	parties and attorneys to implement or clarify provisions of an
234	234	existing court order that is consistent with the substantive intent
235	235	of the court order and in the best interest of the child. A
236	236	recommendation authorized by this subsection does not affect the
237	237	terms of an existing court order.
238	238	Sec. 153.6082. COMMUNICATIONS, RECORDKEEPING, AND
239	239	REPORTING. (a) Notwithstanding any rule, standard of care, or
240	240	privilege applicable to a license or certificate held by a
241	241	parenting coordinator, a communication made by a participant in
242	242	parenting coordination with a parenting coordinator appointed on a
243	243	nonconfidential basis is subject to disclosure and may be used in
244	244	any judicial or administrative proceeding, if otherwise
245	245	admissible. The parenting coordinator may be required to testify
246	246	in any proceeding relating to or arising from the matter in dispute,
247	247	including testimony on the basis for any recommendation made to the
248	248	parties.
249	249	(b) A parenting coordinator appointed on a nonconfidential
250	250	basis shall keep a detailed record regarding meetings and contacts
251	251	with the parties, attorneys, or other persons involved with the
252	252	suit.
253	253	(c) A person who participates in parenting coordination
254	254	with a parenting coordinator appointed on a nonconfidential basis
255	255	is not a patient as defined by Section 611.001, Health and Safety
256	256	Code, and no record created as part of the parenting coordination is
257	257	confidential.
258	258	(d) On request, records of parenting coordination with a
259	259	parenting coordinator appointed on a nonconfidential basis shall be
260	260	made available by the parenting coordinator to each attorney for a
261	261	party, any attorney for a child who is the subject of the suit, and
262	262	any party who does not have an attorney.
263	263	(e) A parenting coordinator appointed on a nonconfidential
264	264	basis shall keep parenting coordination records from the suit until
265	265	the seventh anniversary of the date the coordinator's services are
266	266	terminated, unless a different time for retention of the records is
267	267	established by a rule adopted by the agency that licenses or
268	268	certifies the parenting coordinator.
269	269	SECTION 8. Section 153.610, Family Code, is amended by
270	270	amending Subsections (a) and (b) and adding Subsection (b-1) to
271	271	read as follows:
272	272	(a) The court shall determine whether the [required]
273	273	qualifications of a proposed parenting coordinator satisfy the
274	274	requirements of this section. On request by a party, an attorney
275	275	for a party, or any attorney for a child who is the subject of the
276	276	suit, a person under consideration for appointment as a parenting
277	277	coordinator in the suit shall provide proof that the person
278	278	satisfies the minimum qualifications required by this section.
279	279	(b) A [, provided that a] parenting coordinator must [at
280	280	least]:
281	281	(1) hold at least a bachelor's degree from an
282	282	accredited college or university [in counseling, education, family
283	283	studies, psychology, or social work and, unless waived by the
284	284	court, complete a parenting coordinator course of at least 16
285	285	hours]; [or]
286	286	(2) hold a license to practice in this state as a
287	287	social worker, licensed professional counselor, licensed marriage
288	288	and family therapist, psychologist, or attorney; and
289	289	(3) have completed:
290	290	(A) at least 40 classroom hours of training in
291	291	dispute resolution techniques in a course conducted by an
292	292	alternative dispute resolution system or other dispute resolution
293	293	organization approved by the court making the appointment;
294	294	(B) at least 24 classroom hours of training in
295	295	the fields of family dynamics, child development, and family law;
296	296	(C) [hold a graduate degree in a mental health
297	297	profession, with an emphasis in family and children's issues.
298	298	[(b) In addition to the qualifications prescribed by
299	299	Subsection (a), a parenting coordinator must complete] at least
300	300	eight hours of family violence dynamics training provided by a
301	301	family violence service provider; and
302	302	(D) at least 16 hours of training in the laws
303	303	governing parenting coordination and in parent coordination styles
304	304	and procedures.
305	305	(b-1) A person who is appointed to serve as a parenting
306	306	coordinator shall comply with the standard of care applicable to
307	307	the license or certificate held by the person in performing the
308	308	duties of parenting coordinator.
309	309	SECTION 9. Section 153.0071(g), Family Code is amended to
310	310	read as follows:
311	311	(g) The provisions for confidentiality of alternative
312	312	dispute resolution procedures under Chapter 154, Civil Practice and
313	313	Remedies Code, apply equally to the work of a parenting coordinator
314	314	appointed on a confidential basis under Section 153.605 [, as
315	315	defined by Section 153.601,] and to the parties and any other person
316	316	who participates in that [the] parenting coordination. This
317	317	subsection does not affect the duty of a person to report abuse or
318	318	neglect under Section 261.101.
319	319	SECTION 10. (a) Not later than March 1, 2010, each state
320	320	agency listed in this subsection shall adopt rules establishing
321	321	parenting coordinator practice standards consistent with Section
322	322	153.610(b), Family Code, as amended by this Act, applicable to the
323	323	agency's license holders who wish to serve as parenting
324	324	coordinators. The practice standards must be at least as detailed
325	325	and rigorous as those contained in the report entitled "Guidelines
326	326	for Parenting Coordination" developed by the Association of Family
327	327	and Conciliation Courts Task Force on Parenting Coordination, dated
328	328	May 2005. The practice standards required by this section must
329	329	contain a minimum number of hours of classroom training in the
330	330	practice standards that must be completed by each license holder
331	331	who wishes to be eligible to serve as a parenting coordinator. This
332	332	subsection applies to the:
333	333	(1) State Bar of Texas;
334	334	(2) Texas State Board of Examiners of Psychologists;
335	335	(3) Texas State Board of Examiners of Marriage and
336	336	Family Therapists;
337	337	(4) Texas State Board of Examiners of Professional
338	338	Counselors; and
339	339	(5) Texas State Board of Social Worker Examiners.
340	340	(b) Notwithstanding Section 153.610(b), Family Code, as
341	341	amended by this Act, after September 1, 2010, a person who holds a
342	342	license from a state agency listed in Subsection (a) of this section
343	343	may not be appointed to serve as a parenting coordinator if:
344	344	(1) the agency has not adopted parenting coordinator
345	345	practice standards as required by Subsection (a) of this section;
346	346	or
347	347	(2) the license holder has not completed the minimum
348	348	number of hours of classroom training contained in the practice
349	349	standards.
350	350	(c) Notwithstanding Section 153.610(b)(2), Family Code, as
351	351	amended by this Act, a person who holds certification as a family
352	352	life educator from the National Council on Family Relations, may
353	353	serve as a parenting coordinator if, on the effective date of this
354	354	Act, the person:
355	355	(1) satisfied the qualifications of a parenting
356	356	coordinator in effect immediately before the effective date of this
357	357	Act; and
358	358	(2) has completed at least 16 classroom hours of
359	359	training in parenting coordinator practice standards that satisfy
360	360	the requirements of Subsection (a) of this section.
361	361	(d) Effective September 1, 2011, a person to whom Subsection
362	362	(c) of this section applies may not serve as a parenting coordinator
363	363	unless:
364	364	(1) as of that date the person holds a license or
365	365	certificate from a state agency with the authority to adopt and
366	366	enforce parenting coordinator practice standards with respect to
367	367	that license or certificate;
368	368	(2) the agency has adopted parenting coordinator
369	369	practice standards applicable to the person's license or
370	370	certificate that comply with the requirements for practice
371	371	standards described in Subsection (a) of this section; and
372	372	(3) the person has completed the minimum number of
373	373	hours of classroom training contained in the practice standards.
374	374	(e) Notwithstanding any other provision of this section or
375	375	any other law, a person who satisfies the qualifications to be a
376	376	parenting coordinator in effect immediately before the effective
377	377	date of this Act is not required to comply with the requirements
378	378	imposed by Section 153.610(b), Family Code, as amended by this Act,
379	379	until September 1, 2010, to be qualified to serve as a parenting
380	380	coordinator under Chapter 153, Family Code, as amended by this Act,
381	381	and the former law is continued in effect for that purpose.
382	382	SECTION 11. This Act takes effect September 1, 2009.