Texas 2013 - 83rd Regular

Texas House Bill HB1661 Compare Versions

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1	1	83R15669 EES-F
2	2	By: Thompson of Harris H.B. No. 1661
3	3	Substitute the following for H.B. No. 1661:
4	4	By: Raymond C.S.H.B. No. 1661
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to child custody evaluations and adoption evaluations
10	10	conducted and testimony provided in certain suits affecting the
11	11	parent-child relationship; providing penalties; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. CHILD CUSTODY EVALUATION
14	14	SECTION 1.01. Chapter 107, Family Code, is amended by
15	15	adding Subchapter E to read as follows:
16	16	SUBCHAPTER E. CHILD CUSTODY EVALUATION
17	17	Sec. 107.101. DEFINITIONS. In this subchapter:
18	18	(1) "Child custody evaluation" means an evaluative
19	19	process ordered by a court in a suit, except in a suit in which
20	20	adoption is requested, through which information, opinions,
21	21	recommendations, and answers to specific questions asked by the
22	22	court are:
23	23	(A) made regarding:
24	24	(i) the conservatorship of a child,
25	25	including the terms and conditions of the conservatorship;
26	26	(ii) the possession of or access to a child,
27	27	including the terms and conditions of possession or access;
28	28	(iii) recommendations for therapeutic
29	29	services; or
30	30	(iv) any other issue affecting the best
31	31	interest of a child; and
32	32	(B) provided to:
33	33	(i) the court;
34	34	(ii) the parties to the suit;
35	35	(iii) the parties' attorneys; and
36	36	(iv) any other person appointed under this
37	37	chapter by the court in the suit.
38	38	(2) "Child custody evaluator" means a person who
39	39	conducts a child custody evaluation under this subchapter. The term
40	40	includes a private child custody evaluator.
41	41	(3) "Department" means the Department of Family and
42	42	Protective Services.
43	43	(4) "Private child custody evaluator" means a person
44	44	conducting a child custody evaluation who is not conducting the
45	45	evaluation as an employee of or contractor with a domestic
46	46	relations office.
47	47	(5) "Supervision" means the regular review of and
48	48	consultation with a person. Supervision does not require the
49	49	constant physical presence of the person providing supervision.
50	50	Sec. 107.102. APPLICABILITY. (a) For purposes of this
51	51	subchapter, a child custody evaluation does not include services
52	52	provided in accordance with the Interstate Compact on the Placement
53	53	of Children adopted under Subchapter B, Chapter 162.
54	54	(b) This subchapter does not apply to a suit to which the
55	55	department is a party.
56	56	Sec. 107.103. ORDER FOR CHILD CUSTODY EVALUATION. (a) The
57	57	court may order in a suit the preparation of a child custody
58	58	evaluation concerning:
59	59	(1) a child who is at issue in the suit;
60	60	(2) a party to the suit;
61	61	(3) the home of any person requesting conservatorship
62	62	of, possession of, or access to a child who is at issue in the suit;
63	63	or
64	64	(4) any issue or question relating to the suit and
65	65	requested by the court or agreed to by the parties to the suit
66	66	before or during the evaluation process.
67	67	(b) An order for a child custody evaluation must include:
68	68	(1) the name of each person, including an entity, who
69	69	will conduct the evaluation;
70	70	(2) the purpose of the evaluation; and
71	71	(3) the specific issues or questions to be addressed
72	72	in the evaluation.
73	73	(c) Except as provided by Section 107.106, each person who
74	74	conducts a child custody evaluation must be qualified under Section
75	75	107.105.
76	76	(d) The department may not conduct a child custody
77	77	evaluation.
78	78	Sec. 107.104. REQUIREMENTS OF CHILD CUSTODY EVALUATION.
79	79	(a) A child custody evaluator shall:
80	80	(1) review relevant information obtained from
81	81	collateral sources;
82	82	(2) review relevant school records;
83	83	(3) review relevant physical and mental health records
84	84	of each party to the suit and each child who is at issue in the suit;
85	85	(4) review relevant records of the department,
86	86	including those maintained as part of the central registry
87	87	established under Section 261.002, and law enforcement agencies
88	88	relating to each child who is at issue in the suit, each party to the
89	89	suit, and each person who lives with a party to the suit;
90	90	(5) interview each adult living in a home that is the
91	91	subject of the evaluation;
92	92	(6) interview, in a developmentally appropriate
93	93	manner, each child who is at issue in the suit and who is at least
94	94	four years old;
95	95	(7) observe each child who is at issue in the suit,
96	96	regardless of the age of the child;
97	97	(8) observe each party to the suit with each child at
98	98	issue in the suit, including, as appropriate, during supervised
99	99	visitation, unless contact between a party and a child is
100	100	prohibited by court order or the person conducting the evaluation
101	101	has good cause for not making the observation and states the good
102	102	cause in writing provided to the parties to the suit before the
103	103	completion of the evaluation;
104	104	(9) assess the relationship between each child at
105	105	issue in the suit and each party seeking possession of or access to
106	106	the child; and
107	107	(10) complete any other tasks ordered by the court or
108	108	agreed to by the parties.
109	109	(b) In addition to the requirements of a child custody
110	110	evaluation in Subsection (a), a court issuing an order for an
111	111	evaluation may order the child custody evaluator to:
112	112	(1) visit the home of a party to the suit;
113	113	(2) conduct a joint interview of the parties to the
114	114	suit;
115	115	(3) observe a child who is at issue in the suit with
116	116	each adult who lives in the home that is the subject of the
117	117	evaluation;
118	118	(4) interview or observe a child who is not at issue in
119	119	the suit but who lives on a full-time or part-time basis in the home
120	120	that is the subject of the evaluation;
121	121	(5) conduct valid and reliable psychometric testing;
122	122	or
123	123	(6) review any other information that the court
124	124	determines is relevant.
125	125	Sec. 107.105. CHILD CUSTODY EVALUATOR: MINIMUM
126	126	QUALIFICATIONS. (a) In this section:
127	127	(1) "Full-time experience" means a period during which
128	128	a person works at least 30 hours per week.
129	129	(2) "Human services field of study" means a field of
130	130	study designed to prepare a person in the disciplined application
131	131	of counseling, family therapy, psychology, or social work values,
132	132	principles, and methods.
133	133	(b) To be qualified to conduct a child custody evaluation, a
134	134	person must:
135	135	(1) have at least a master's degree from an accredited
136	136	college or university in a human services field of study and a
137	137	license to practice in this state as a social worker, professional
138	138	counselor, marriage and family therapist, or psychologist and:
139	139	(A) after completing the degree required under
140	140	this subdivision, have two years of full-time experience or
141	141	equivalent part-time experience under professional supervision
142	142	during which the person performed functions involving the
143	143	evaluation of physical, intellectual, social, and psychological
144	144	functioning and needs and the potential of the social and physical
145	145	environment, both present and prospective, to meet those needs; and
146	146	(B) after obtaining the license required under
147	147	this subdivision, have participated in the performance of at least
148	148	10 court-ordered child custody evaluations under the supervision of
149	149	a person qualified under this section;
150	150	(2) have graduated from medical school and be licensed
151	151	to practice medicine in this state and board certified in
152	152	psychiatry and:
153	153	(A) after completing medical school, have two
154	154	years of full-time experience or equivalent part-time experience
155	155	under professional supervision during which the person performed
156	156	functions involving the evaluation of physical, intellectual,
157	157	social, and psychological functioning and needs and the potential
158	158	of the social and physical environment, both present and
159	159	prospective, to meet those needs; and
160	160	(B) after obtaining the license and
161	161	certification required under this subdivision, have participated
162	162	in the performance of at least 10 court-ordered child custody
163	163	evaluations under the supervision of a person qualified under this
164	164	section;
165	165	(3) meet the requirements of Subdivision (1)(A) or
166	166	(2)(A) and be practicing under the direct supervision of a person
167	167	qualified under this section to complete at least 10 court-ordered
168	168	child custody evaluations under supervision; or
169	169	(4) be employed by or under contract with a domestic
170	170	relations office, provided that the person conducts child custody
171	171	evaluations relating only to families ordered to participate in
172	172	child custody evaluations conducted by that office.
173	173	(c) In addition to the other qualifications prescribed by
174	174	this section, a person must complete at least eight hours of family
175	175	violence dynamics training provided by a family violence service
176	176	provider to be qualified to conduct a child custody evaluation.
177	177	(d) In addition to the other qualifications prescribed by
178	178	this section, a person who conducts a child custody evaluation as an
179	179	employee of or contractor with a domestic relations office must
180	180	meet any qualifications required by that office.
181	181	Sec. 107.106. EXCEPTION TO QUALIFICATIONS REQUIRED TO
182	182	CONDUCT CHILD CUSTODY EVALUATION. In a county with a population of
183	183	less than 500,000, if a court finds that a qualified person,
184	184	including an entity, is not available to conduct a child custody
185	185	evaluation in a timely manner, the court may authorize a person,
186	186	including an entity, the court determines to be otherwise qualified
187	187	to conduct the evaluation if the parties to the suit agree to the
188	188	appointment in writing.
189	189	Sec. 107.107. PRIVATE CHILD CUSTODY EVALUATOR: SPECIALIZED
190	190	KNOWLEDGE. A private child custody evaluator must demonstrate to
191	191	the court that the evaluator has sufficient specialized knowledge,
192	192	education, and training to conduct a child custody evaluation. In
193	193	making that demonstration, the evaluator must demonstrate that the
194	194	evaluator has completed at least 40 hours of education and training
195	195	on the following topics:
196	196	(1) the psychological and developmental needs of a
197	197	child, specifically as those needs relate to decisions about
198	198	conservatorship of, possession of, and access to the child;
199	199	(2) family dynamics, including parent-child
200	200	relationships, blended families, and extended family
201	201	relationships;
202	202	(3) the effects of divorce, domestic violence, abuse
203	203	and neglect, substance abuse, and parental conflict on the
204	204	psychological and developmental needs of a child;
205	205	(4) interviewing and assessing adults, children, and
206	206	infants;
207	207	(5) gathering information from collateral sources;
208	208	(6) collecting and assessing data;
209	209	(7) recognizing the limits of the reliability and
210	210	validity of data;
211	211	(8) addressing issues relating to mental health,
212	212	medication use, and physical and learning disabilities;
213	213	(9) applying to all parties comparable interview,
214	214	assessment, and testing procedures that meet generally accepted
215	215	clinical, diagnostic, forensic, scientific, and professional
216	216	standards;
217	217	(10) consulting with additional experts as needed;
218	218	(11) assessing parenting capacity and constructing
219	219	effective parenting plans;
220	220	(12) ethical standards relating to a child custody
221	221	evaluator's professional license and other applicable professional
222	222	guidelines;
223	223	(13) the legal standards and processes applicable in a
224	224	suit;
225	225	(14) understanding the distinctions in the roles of
226	226	evaluator, mediator, therapist, consulting expert, testifying
227	227	expert, parenting coordinator, and parenting facilitator;
228	228	(15) writing reports and making recommendations;
229	229	(16) mandatory reporting requirements and limitations
230	230	on confidentiality;
231	231	(17) preparing for and testifying at a court
232	232	proceeding;
233	233	(18) maintaining professional neutrality and
234	234	objectivity when conducting a child custody evaluation; and
235	235	(19) the importance of assessing the health, safety,
236	236	welfare, and best interest of a child.
237	237	Sec. 107.108. CHILD CUSTODY EVALUATOR: CONFLICTS OF
238	238	INTEREST AND BIAS. (a) Before accepting appointment as a child
239	239	custody evaluator in a suit, a person must disclose to the court,
240	240	each attorney for a party to the suit, any attorney for a child who
241	241	is at issue in the suit, and any party to the suit who does not have
242	242	an attorney:
243	243	(1) any conflict of interest that the person believes
244	244	that the person has with a party to the suit or a child who is at
245	245	issue in the suit;
246	246	(2) any previous knowledge that the person has of a
247	247	party to the suit or a child who is at issue in the suit;
248	248	(3) any pecuniary relationship that the person
249	249	believes that the person has with an attorney in the suit;
250	250	(4) any relationship of confidence or trust that the
251	251	person believes that the person has with an attorney in the suit;
252	252	and
253	253	(5) any other information relating to the person's
254	254	relationship with an attorney in the suit that a reasonable,
255	255	prudent person would believe would affect the ability of the person
256	256	to act impartially in conducting a child custody evaluation.
257	257	(b) The court may not appoint a person as a child custody
258	258	evaluator in a suit if the person makes any of the disclosures in
259	259	Subsection (a) unless:
260	260	(1) the court finds that:
261	261	(A) the person has no conflict of interest with a
262	262	party to the suit or a child who is at issue in the suit;
263	263	(B) the person's previous knowledge of a party to
264	264	the suit or a child who is at issue in the suit is not relevant;
265	265	(C) the person does not have a pecuniary
266	266	relationship with an attorney in the suit; and
267	267	(D) the person does not have a relationship of
268	268	trust or confidence with an attorney in the suit; or
269	269	(2) the parties and any attorney for a child who is at
270	270	issue in the suit agree in writing to the person's appointment as
271	271	the child custody evaluator.
272	272	(c) After being appointed as a child custody evaluator in a
273	273	suit, a person shall immediately disclose to the court, each
274	274	attorney for a party to the suit, any attorney for a child who is at
275	275	issue in the suit, and any party to the suit who does not have an
276	276	attorney any discovery of:
277	277	(1) a conflict of interest that the person believes
278	278	that the person has with a party to the suit or a child who is at
279	279	issue in the suit; and
280	280	(2) previous knowledge that the person has of a party
281	281	to the suit or a child who is at issue in the suit.
282	282	(d) A person shall resign from the person's appointment as a
283	283	child custody evaluator in a suit if the person makes any of the
284	284	disclosures in Subsection (c) unless:
285	285	(1) the court finds that:
286	286	(A) the person has no conflict of interest with a
287	287	party to the suit or a child who is at issue in the suit; and
288	288	(B) the person's previous knowledge of a party to
289	289	the suit or a child who is at issue in the suit is not relevant; or
290	290	(2) the parties and any attorney for a child who is at
291	291	issue in the suit agree in writing to the person's continued
292	292	appointment as the child custody evaluator.
293	293	(e) A person may not be appointed as a child custody
294	294	evaluator in a suit if the person has worked in a professional
295	295	capacity with a party to the suit, a child who is at issue in the
296	296	suit, or a member of the party's or child's family who is involved in
297	297	the suit. This subsection does not apply to a person who has worked
298	298	in a professional capacity with a party, a child, or a member of the
299	299	party's or child's family only as a teacher of parenting skills in a
300	300	group setting. For purposes of this subsection, "family" has the
301	301	meaning assigned by Section 71.003.
302	302	Sec. 107.109. COMMUNICATIONS AND RECORDKEEPING OF CHILD
303	303	CUSTODY EVALUATOR. (a) Notwithstanding any rule, standard of
304	304	care, or privilege applicable to the professional license held by a
305	305	child custody evaluator, a communication made by a participant in a
306	306	child custody evaluation is subject to disclosure and may be
307	307	offered in any judicial or administrative proceeding, if otherwise
308	308	admissible under the rules of evidence.
309	309	(b) A child custody evaluator shall:
310	310	(1) keep a detailed record of interviews that the
311	311	evaluator conducts, observations that the evaluator makes, and
312	312	substantive interactions that the evaluator has as part of a child
313	313	custody evaluation; and
314	314	(2) maintain the evaluator's records consistent with
315	315	applicable laws, including rules.
316	316	(c) Except for records obtained from the department in
317	317	accordance with Section 107.114, a private child custody evaluator
318	318	shall, after completion of an evaluation and preparation of a child
319	319	custody evaluation report under Section 107.110, make available in
320	320	a reasonable time the evaluator's records relating to the
321	321	evaluation on the written request of an attorney for a party, a
322	322	party who does not have an attorney, and any person appointed under
323	323	this chapter in the suit in which the evaluator conducted the
324	324	evaluation, unless a court has issued an order restricting
325	325	disclosure of the records.
326	326	(d) Except for records obtained from the department in
327	327	accordance with Section 107.114, records relating to a child
328	328	custody evaluation conducted by an employee of or contractor with a
329	329	domestic relations office shall, after completion of the evaluation
330	330	and preparation of a child custody evaluation report under Section
331	331	107.110, be made available on written request according to the
332	332	local rules and policies of the office.
333	333	(e) A person, including an entity, maintaining records
334	334	subject to disclosure under this section may charge a reasonable
335	335	fee for producing the records before copying the records.
336	336	(f) A private child custody evaluator shall retain all
337	337	records relating to a child custody evaluation conducted by the
338	338	evaluator until the later of the seventh anniversary of the date the
339	339	evaluator filed the child custody evaluation report prepared under
340	340	Section 107.110 with the court or the ending date of the period
341	341	adopted by the licensing authority that issues the professional
342	342	license held by the evaluator.
343	343	(g) A domestic relations office shall retain records
344	344	relating to a child custody evaluation conducted by a child custody
345	345	evaluator acting as an employee of or contractor with the office for
346	346	the retention period established by the office.
347	347	(h) A person who participates in a child custody evaluation
348	348	is not a patient as that term is defined by Section 611.001(1),
349	349	Health and Safety Code.
350	350	Sec. 107.110. CHILD CUSTODY EVALUATION REPORT REQUIRED.
351	351	(a) For each child custody evaluation, the child custody evaluator
352	352	who conducted the evaluation shall prepare a report containing the
353	353	evaluator's findings, opinions, recommendations, and answers to
354	354	specific questions asked by the court relating to the evaluation.
355	355	(b) A report prepared under this section must include the
356	356	name, license number, and basis for qualification of each child
357	357	custody evaluator who conducted any portion of the evaluation.
358	358	Sec. 107.111. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF
359	359	CHILD CUSTODY EVALUATOR AND PREPARATION OF REPORT. (a) Unless
360	360	otherwise directed by a court or prescribed by this subchapter, a
361	361	child custody evaluator's actions in conducting a child custody
362	362	evaluation must be in conformance with the professional standard of
363	363	care applicable to the evaluator's licensure and any administrative
364	364	rules, ethical standards, or guidelines adopted by the licensing
365	365	authority that licenses the evaluator.
366	366	(b) In addition to the requirements prescribed by this
367	367	subchapter, a court may impose requirements or adopt local rules
368	368	applicable to a child custody evaluation or a child custody
369	369	evaluator.
370	370	(c) A child custody evaluator shall follow evidence-based
371	371	practice methods and make use of current best evidence in making
372	372	assessments and recommendations.
373	373	(d) A child custody evaluator shall disclose to each
374	374	attorney of record any communication regarding a substantive issue
375	375	between the evaluator and an attorney of record representing a
376	376	party in a disputed suit. This subsection does not apply to a
377	377	communication between a child custody evaluator and an amicus
378	378	attorney.
379	379	(e) To the extent possible, a child custody evaluator shall
380	380	conduct interviews and make observations in a balanced manner so
381	381	that if the evaluator interviews and observes a child at issue in
382	382	the suit while in the care of one party to the suit, the evaluator
383	383	also interviews and observes the child while in the care of the
384	384	other parties to the suit.
385	385	(f) To the extent possible, a child custody evaluator shall
386	386	verify each statement of fact pertinent to a child custody
387	387	evaluation and shall note the sources of verification and
388	388	information in the child custody evaluation report prepared under
389	389	Section 107.110.
390	390	(g) A child custody evaluator shall state the basis for and
391	391	the sources of the evaluator's conclusions or recommendations in
392	392	the child custody evaluation report prepared under Section 107.110.
393	393	(h) A child custody evaluation must be conducted in
394	394	compliance with this subchapter, regardless of whether the
395	395	evaluation is conducted by a single child custody evaluator or
396	396	multiple evaluators working separately or together.
397	397	Sec. 107.112. INTRODUCTION AND PROVISION OF CHILD CUSTODY
398	398	EVALUATION REPORT. (a) Disclosure to the court or jury of the
399	399	contents of a child custody evaluation report prepared under
400	400	Section 107.110 is subject to the rules of evidence.
401	401	(b) Unless the court has issued an order restricting
402	402	disclosure, a private child custody evaluator shall provide to the
403	403	attorneys of the parties to a suit, any party who does not have an
404	404	attorney, and any other person appointed by the court under this
405	405	chapter in the suit a copy of the child custody evaluation report
406	406	before the earlier of:
407	407	(1) the seventh day after the date the child custody
408	408	report is completed; or
409	409	(2) the 30th day before the date of the commencement of
410	410	the trial, if applicable.
411	411	(c) A child custody evaluator who conducts a child custody
412	412	evaluation as an employee of or contractor with a domestic
413	413	relations office shall furnish to the attorneys of the parties to a
414	414	suit and any person appointed in the suit under this chapter a copy
415	415	of the child custody evaluation report in the time frame provided by
416	416	Subsection (b). The evaluator shall provide a copy of the report to
417	417	a party to the suit only as provided by the local rules and policies
418	418	of the office or by a court order.
419	419	(d) A trial in a suit in which a child custody evaluation is
420	420	conducted may not begin before the 30th day after the date the child
421	421	custody evaluator provides copies of the child custody evaluation
422	422	report as provided by this section unless the parties to the suit
423	423	agree to an earlier date.
424	424	Sec. 107.113. CHILD CUSTODY EVALUATION FEE. If the court
425	425	orders a child custody evaluation to be conducted, the court shall
426	426	award the person, including an entity, appointed as the child
427	427	custody evaluator a reasonable fee for the performance of the
428	428	evaluation that shall be imposed in the form of a money judgment and
429	429	paid directly to the evaluator. The evaluator may enforce the
430	430	judgment for the fee by any means available under law for civil
431	431	judgments.
432	432	Sec. 107.114. CHILD CUSTODY EVALUATOR ACCESS TO
433	433	INVESTIGATIVE RECORDS OF DEPARTMENT; OFFENSE. (a) A child custody
434	434	evaluator is entitled to obtain from the department a complete,
435	435	unredacted copy of any investigative record regarding abuse or
436	436	neglect that relates to any person residing in the residence
437	437	subject to the child custody evaluation.
438	438	(b) Except as provided by this section, records obtained by
439	439	a child custody evaluator from the department under this section
440	440	are confidential and not subject to disclosure under Chapter 552,
441	441	Government Code, or to disclosure in response to a subpoena or a
442	442	discovery request.
443	443	(c) A child custody evaluator may disclose information
444	444	obtained under Subsection (a) in the child custody evaluation
445	445	report prepared under Section 107.110 only to the extent the
446	446	evaluator determines that the information is relevant to the child
447	447	custody evaluation or a recommendation made under this subchapter.
448	448	(d) A person commits an offense if the person discloses
449	449	confidential information obtained from the department in violation
450	450	of this section. An offense under this subsection is a Class A
451	451	misdemeanor.
452	452	ARTICLE 2. ADOPTION EVALUATION
453	453	SECTION 2.01. Chapter 107, Family Code, is amended by
454	454	adding Subchapter F to read as follows:
455	455	SUBCHAPTER F. ADOPTION EVALUATION
456	456	Sec. 107.151. DEFINITIONS. In this subchapter:
457	457	(1) "Adoption evaluation" means a pre-placement or
458	458	post-placement evaluative process through which information and
459	459	recommendations regarding adoption of a child may be made to the
460	460	court, the parties, and the parties' attorneys.
461	461	(2) "Adoption evaluator" means a person who conducts
462	462	an adoption evaluation under this subchapter.
463	463	(3) "Department" means the Department of Family and
464	464	Protective Services.
465	465	(4) "Supervision" means the regular review of and
466	466	consultation with a person. Supervision does not require the
467	467	constant physical presence of the person providing supervision.
468	468	Sec. 107.152. APPLICABILITY. (a) For purposes of this
469	469	subchapter, an adoption evaluation does not include services
470	470	provided in accordance with the Interstate Compact on the Placement
471	471	of Children adopted under Subchapter B, Chapter 162.
472	472	(b) This subchapter does not apply to the pre-placement and
473	473	post-placement parts of an adoption evaluation conducted by a
474	474	licensed child-placing agency or the department.
475	475	(c) The pre-placement and post-placement parts of an
476	476	adoption evaluation conducted by a licensed child-placing agency or
477	477	the department are governed by rules adopted by the executive
478	478	commissioner of the Health and Human Services Commission.
479	479	(d) In a case involving a licensed child-placing agency or
480	480	the department, a licensed child-placing agency or the department
481	481	shall conduct the pre-placement and post-placement parts of the
482	482	adoption evaluation and file reports on those parts with the court
483	483	before the court renders a final order of adoption.
484	484	(e) A court may appoint the department to conduct the
485	485	pre-placement and post-placement parts of an adoption evaluation in
486	486	a suit only if the department is:
487	487	(1) a party to the suit; or
488	488	(2) the managing conservator of the child who is the
489	489	subject of the suit.
490	490	Sec. 107.153. ORDER FOR ADOPTION EVALUATION. (a) The court
491	491	shall order the performance of an adoption evaluation to evaluate
492	492	each party who requests termination of the parent-child
493	493	relationship or an adoption in a suit for:
494	494	(1) termination of the parent-child relationship in
495	495	which a person other than a parent may be appointed managing
496	496	conservator of a child; or
497	497	(2) an adoption.
498	498	(b) The adoption evaluation required under Subsection (a)
499	499	must include an evaluation of the circumstances and the condition
500	500	of the home and social environment of any person requesting to adopt
501	501	a child who is at issue in the suit.
502	502	(c) The court may appoint a qualified individual, a
503	503	qualified private entity, or a domestic relations office to conduct
504	504	the adoption evaluation.
505	505	(d) Except as provided by Section 107.157, a person who
506	506	conducts an adoption evaluation must be qualified under Section
507	507	107.156.
508	508	Sec. 107.154. REQUIREMENTS FOR PRE-PLACEMENT PART OF
509	509	ADOPTION EVALUATION. (a) The costs of the pre-placement part of an
510	510	adoption evaluation in a suit for adoption must be paid by the
511	511	prospective adoptive parent.
512	512	(b) Unless otherwise agreed to by the court, the
513	513	pre-placement part of an adoption evaluation must comply with the
514	514	minimum requirements for the pre-placement part of an adoption
515	515	evaluation under rules adopted by the executive commissioner of the
516	516	Health and Human Services Commission.
517	517	Sec. 107.155. REQUIREMENTS FOR POST-PLACEMENT PART OF
518	518	ADOPTION EVALUATION. (a) An adoption evaluator shall file with the
519	519	court a report containing the person's findings and conclusions
520	520	made after a child who is at issue in the suit to which the subject
521	521	of the evaluation is a party begins residence in a prospective
522	522	adoptive home.
523	523	(b) The report required under Subsection (a) must be filed
524	524	with the court before the court renders a final order of adoption.
525	525	(c) Unless otherwise agreed to by the court, the
526	526	post-placement part of an adoption evaluation must comply with the
527	527	minimum requirements for the post-placement part of an adoption
528	528	evaluation under rules adopted by the executive commissioner of the
529	529	Health and Human Services Commission.
530	530	(d) In a suit filed after a child who is at issue in the suit
531	531	begins residence in a prospective adoptive home, the report
532	532	required under this section and the adoption evaluation report
533	533	required under Section 107.161 may be combined in a single report.
534	534	Sec. 107.156. ADOPTION EVALUATOR: MINIMUM QUALIFICATIONS.
535	535	(a) In this section:
536	536	(1) "Full-time experience" means a period during which
537	537	a person works at least 30 hours per week.
538	538	(2) "Human services field of study" means a field of
539	539	study designed to prepare a person in the disciplined application
540	540	of counseling, family therapy, psychology, or social work values,
541	541	principles, and methods.
542	542	(b) To be qualified to conduct an adoption evaluation, a
543	543	person must:
544	544	(1) have a degree from an accredited college or
545	545	university in a human services field of study and a license to
546	546	practice in this state as a social worker, professional counselor,
547	547	marriage and family therapist, or psychologist and:
548	548	(A) have one year of full-time experience working
549	549	at a child-placing agency conducting child-placing activities; or
550	550	(B) be practicing under the direct supervision of
551	551	a person qualified under this section to conduct adoption
552	552	evaluations;
553	553	(2) be employed by a domestic relations office,
554	554	provided that the person conducts adoption evaluations relating
555	555	only to families ordered to participate in adoption evaluations
556	556	conducted by the office; or
557	557	(3) be qualified as a child custody evaluator under
558	558	Section 107.105.
559	559	(c) In addition to the other qualifications prescribed by
560	560	this section, a person must complete at least eight hours of family
561	561	violence dynamics training provided by a family violence service
562	562	provider to be qualified to conduct an adoption evaluation.
563	563	Sec. 107.157. EXCEPTION TO QUALIFICATIONS REQUIRED TO
564	564	CONDUCT ADOPTION EVALUATION. If a court finds that a qualified
565	565	person is not available to conduct an adoption evaluation in the
566	566	county in which the court presides, the court may authorize a person
567	567	the court determines to be otherwise qualified to conduct the
568	568	evaluation.
569	569	Sec. 107.158. ADOPTION EVALUATOR: CONFLICTS OF INTEREST AND
570	570	BIAS. (a) Before accepting appointment as an adoption evaluator in
571	571	a suit, a person must disclose to the court, each attorney for a
572	572	party to the suit, any attorney for a child who is at issue in the
573	573	suit, and any party to the suit who does not have an attorney:
574	574	(1) any conflict of interest that the person believes
575	575	that the person has with a party to the suit or a child who is at
576	576	issue in the suit;
577	577	(2) any previous knowledge that the person has of a
578	578	party to the suit or a child who is at issue in the suit;
579	579	(3) any pecuniary relationship that the person
580	580	believes that the person has with an attorney in the suit;
581	581	(4) any relationship of confidence or trust that the
582	582	person believes that the person has with an attorney in the suit;
583	583	and
584	584	(5) any other information relating to the person's
585	585	relationship with an attorney in the suit that a reasonable,
586	586	prudent person would believe would affect the ability of the person
587	587	to act impartially in conducting an adoption evaluation.
588	588	(b) The court may not appoint a person as an adoption
589	589	evaluator in a suit if the person makes any of the disclosures in
590	590	Subsection (a) unless:
591	591	(1) the court finds that:
592	592	(A) the person has no conflict of interest with a
593	593	party to the suit or a child who is at issue in the suit;
594	594	(B) the person's previous knowledge of a party to
595	595	the suit or a child who is at issue in the suit is not relevant;
596	596	(C) the person does not have a pecuniary
597	597	relationship with an attorney in the suit; and
598	598	(D) the person does not have a relationship of
599	599	trust or confidence with an attorney in the suit; or
600	600	(2) the parties and any attorney for a child who is at
601	601	issue in the suit agree in writing to the person's appointment as
602	602	the adoption evaluator.
603	603	(c) After being appointed as an adoption evaluator in a
604	604	suit, a person shall immediately disclose to the court, each
605	605	attorney for a party to the suit, any attorney for a child who is at
606	606	issue in the suit, and any party to the suit who does not have an
607	607	attorney any discovery of:
608	608	(1) a conflict of interest that the person believes
609	609	that the person has with a party to the suit or a child who is at
610	610	issue in the suit; and
611	611	(2) previous knowledge that the person has of a party
612	612	to the suit or a child who is at issue in the suit.
613	613	(d) A person shall resign from the person's appointment as
614	614	an adoption evaluator in a suit if the person makes any of the
615	615	disclosures in Subsection (c) unless:
616	616	(1) the court finds that:
617	617	(A) the person has no conflict of interest with a
618	618	party to the suit or a child who is at issue in the suit; and
619	619	(B) the person's previous knowledge of a party to
620	620	the suit or a child who is at issue in the suit is not relevant; or
621	621	(2) the parties and any attorney for a child who is at
622	622	issue in the suit agree in writing to the person's continued
623	623	appointment as the adoption evaluator.
624	624	(e) A person may not be appointed as an adoption evaluator
625	625	in a suit if the person has worked in a professional capacity with a
626	626	party to the suit, a child who is at issue in the suit, or a member
627	627	of the party's or child's family who is involved in the suit. This
628	628	subsection does not apply to a person who has worked in a
629	629	professional capacity with a party, a child, or a member of the
630	630	party's or child's family only as a teacher of parenting skills in a
631	631	group setting. For purposes of this subsection, "family" has the
632	632	meaning assigned by Section 71.003.
633	633	Sec. 107.159. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF
634	634	ADOPTION EVALUATOR AND PREPARATION OF REPORTS. (a) Unless
635	635	otherwise directed by a court or prescribed by this subchapter, an
636	636	adoption evaluator's actions in conducting an adoption evaluation
637	637	must be in conformance with the professional standard of care
638	638	applicable to the evaluator's licensure and any administrative
639	639	rules, ethical standards, or guidelines adopted by the licensing
640	640	authority that licenses the evaluator.
641	641	(b) In addition to the requirements prescribed by this
642	642	subchapter, a court may impose requirements or adopt local rules
643	643	applicable to an adoption evaluation or an adoption evaluator.
644	644	(c) An adoption evaluator shall follow evidence-based
645	645	practice methods and make use of current best evidence in making
646	646	assessments and recommendations.
647	647	(d) An adoption evaluator shall disclose to each attorney of
648	648	record any communication regarding a substantive issue between the
649	649	evaluator and an attorney of record representing a party in a
650	650	disputed suit. This subsection does not apply to a communication
651	651	between an adoption evaluator and an amicus attorney.
652	652	(e) To the extent possible, an adoption evaluator shall
653	653	verify each statement of fact pertinent to an adoption evaluation
654	654	and shall note the sources of verification and information in any
655	655	report prepared on the evaluation.
656	656	(f) An adoption evaluator shall state the basis for the
657	657	evaluator's conclusions or recommendations in any report prepared
658	658	on the evaluation.
659	659	(g) Any report prepared on an adoption evaluation must
660	660	include the name, license number, and basis for qualification of
661	661	each adoption evaluator who conducted any portion of the
662	662	evaluation.
663	663	Sec. 107.160. REPORTING CERTAIN PLACEMENTS FOR ADOPTION.
664	664	An adoption evaluator shall report to the department any adoptive
665	665	placement that appears to have been made by someone other than a
666	666	licensed child-placing agency or a child's parent or managing
667	667	conservator.
668	668	Sec. 107.161. ADOPTION EVALUATION REPORT REQUIRED. An
669	669	adoption evaluator shall file with the court a report containing
670	670	the evaluator's findings and conclusions relating to the
671	671	evaluation. The report must be filed before the court renders a
672	672	final order for termination of the parent-child relationship. The
673	673	report shall be made a part of the record of the suit.
674	674	Sec. 107.162. PROSPECTIVE ADOPTIVE PARENTS ENTITLED TO
675	675	RECEIVE COPY OF ADOPTION EVALUATION REPORT. In a suit for adoption,
676	676	a copy of the report prepared under Section 107.161 must be made
677	677	available to the prospective adoptive parents before the court
678	678	renders a final order of adoption.
679	679	Sec. 107.163. INTRODUCTION AND PROVISION OF ADOPTION
680	680	EVALUATION REPORT AND TESTIMONY RELATING TO ADOPTION EVALUATION.
681	681	(a) Disclosure to the jury of the contents of an adoption
682	682	evaluation report prepared under Section 107.161 is subject to the
683	683	rules of evidence.
684	684	(b) The court may compel the attendance of witnesses
685	685	necessary for the proper disposition of a suit, including a
686	686	representative of an agency that conducts an adoption evaluation,
687	687	who may be compelled to testify.
688	688	Sec. 107.164. ADOPTION EVALUATION FEE. If the court orders
689	689	an adoption evaluation to be conducted, the court shall award the
690	690	adoption evaluator a reasonable fee for the performance of the
691	691	evaluation that shall be imposed in the form of a money judgment and
692	692	paid directly to the evaluator. The evaluator may enforce the
693	693	judgment for the fee by any means available under law for civil
694	694	judgments.
695	695	Sec. 107.165. ADOPTION EVALUATOR ACCESS TO INVESTIGATIVE
696	696	RECORDS OF DEPARTMENT; OFFENSE. (a) An adoption evaluator is
697	697	entitled to obtain from the department a complete, unredacted copy
698	698	of any investigative record regarding abuse or neglect that relates
699	699	to any person residing in the residence subject to the adoption
700	700	evaluation.
701	701	(b) Except as provided by this section, records obtained by
702	702	an adoption evaluator from the department under this section are
703	703	confidential and not subject to disclosure under Chapter 552,
704	704	Government Code, or to disclosure in response to a subpoena or a
705	705	discovery request.
706	706	(c) An adoption evaluator may disclose information obtained
707	707	under Subsection (a) in the adoption evaluation report prepared
708	708	under Section 107.161 only to the extent the evaluator determines
709	709	that the information is relevant to the adoption evaluation or a
710	710	recommendation made under this subchapter.
711	711	(d) A person commits an offense if the person discloses
712	712	confidential information obtained from the department in violation
713	713	of this section. An offense under this subsection is a Class A
714	714	misdemeanor.
715	715	ARTICLE 3. TESTIMONY IN SUITS AFFECTING THE PARENT-CHILD
716	716	RELATIONSHIP
717	717	SECTION 3.01. Chapter 104, Family Code, is amended by
718	718	adding Section 104.008 to read as follows:
719	719	Sec. 104.008. CERTAIN TESTIMONY PROHIBITED. (a) A person
720	720	may not offer an expert opinion relating to the conservatorship of
721	721	or possession of or access to a child at issue in a suit unless the
722	722	person:
723	723	(1) is appointed as the child's guardian ad litem or
724	724	attorney ad litem or is appointed as an amicus attorney under
725	725	Subchapter A, Chapter 107; or
726	726	(2) has conducted a child custody evaluation relating
727	727	to the child under Subchapter E, Chapter 107.
728	728	(b) In a disputed suit, a mental health professional may not
729	729	make a recommendation regarding the conservatorship of or
730	730	possession of or access to a child at issue in the suit unless the
731	731	mental health professional:
732	732	(1) is appointed as the child's guardian ad litem or
733	733	attorney ad litem or is appointed as an amicus attorney under
734	734	Subchapter A, Chapter 107; or
735	735	(2) has conducted a child custody evaluation relating
736	736	to the child under Subchapter E, Chapter 107, and has evaluated all
737	737	of the parties to the suit.
738	738	(c) In a disputed suit, a mental health professional may
739	739	provide other relevant information and opinions, other than those
740	740	prohibited by Subsection (b), relating to any party that the mental
741	741	health professional has evaluated.
742	742	(d) This section does not apply to a suit in which the
743	743	Department of Family and Protective Services is a party.
744	744	ARTICLE 4. CONFORMING AMENDMENTS RELATING TO CHILD CUSTODY
745	745	EVALUATIONS AND ADOPTION EVALUATIONS
746	746	SECTION 4.01. The heading to Chapter 107, Family Code, is
747	747	amended to read as follows:
748	748	CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND
749	749	ADOPTION EVALUATIONS [AND SOCIAL STUDIES]
750	750	SECTION 4.02. Section 153.605(d), Family Code, is amended
751	751	to read as follows:
752	752	(d) An individual appointed as a parenting coordinator may
753	753	not serve in any nonconfidential capacity in the same case,
754	754	including serving as an amicus attorney, guardian ad litem, child
755	755	custody [or social study] evaluator, or adoption evaluator under
756	756	Chapter 107, as a friend of the court under Chapter 202, or as a
757	757	parenting facilitator under this subchapter.
758	758	SECTION 4.03. Section 162.0025, Family Code, is amended to
759	759	read as follows:
760	760	Sec. 162.0025. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER.
761	761	In a suit for adoption, the fact that a petitioner is a member of the
762	762	armed forces of the United States, a member of the Texas National
763	763	Guard or the National Guard of another state, or a member of a
764	764	reserve component of the armed forces of the United States may not
765	765	be considered by the court, or any person performing an adoption
766	766	evaluation [a social study] or home screening, as a negative factor
767	767	in determining whether the adoption is in the best interest of the
768	768	child or whether the petitioner would be a suitable parent.
769	769	SECTION 4.04. Section 162.003, Family Code, is amended to
770	770	read as follows:
771	771	Sec. 162.003. ADOPTION EVALUATION [PRE-ADOPTIVE AND
772	772	POST-PLACEMENT SOCIAL STUDIES]. In a suit for adoption, an
773	773	adoption evaluation [pre-adoptive and post-placement social
774	774	studies] must be conducted as provided in Chapter 107.
775	775	SECTION 4.05. Section 162.0045, Family Code, is amended to
776	776	read as follows:
777	777	Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant
778	778	a motion for a preferential setting for a final hearing on an
779	779	adoption and shall give precedence to that hearing over all other
780	780	civil cases not given preference by other law if the adoption
781	781	evaluation [social study] has been filed and the criminal history
782	782	for the person seeking to adopt the child has been obtained.
783	783	SECTION 4.06. Section 203.004(a), Family Code, is amended
784	784	to read as follows:
785	785	(a) A domestic relations office may:
786	786	(1) collect and disburse child support payments that
787	787	are ordered by a court to be paid through a domestic relations
788	788	registry;
789	789	(2) maintain records of payments and disbursements
790	790	made under Subdivision (1);
791	791	(3) file a suit, including a suit to:
792	792	(A) establish paternity;
793	793	(B) enforce a court order for child support or
794	794	for possession of and access to a child; and
795	795	(C) modify or clarify an existing child support
796	796	order;
797	797	(4) provide an informal forum in which alternative
798	798	dispute resolution is used to resolve disputes under this code;
799	799	(5) prepare a court-ordered child custody evaluation
800	800	or adoption evaluation [social study] under Chapter 107;
801	801	(6) represent a child as an amicus attorney, an
802	802	attorney ad litem, or a guardian ad litem in a suit in which:
803	803	(A) termination of the parent-child relationship
804	804	is sought; or
805	805	(B) conservatorship of or access to a child is
806	806	contested;
807	807	(7) serve as a friend of the court;
808	808	(8) provide predivorce counseling ordered by a court;
809	809	(9) provide community supervision services under
810	810	Chapter 157;
811	811	(10) provide information to assist a party in
812	812	understanding, complying with, or enforcing the party's duties and
813	813	obligations under Subdivision (3);
814	814	(11) provide, directly or through a contract,
815	815	visitation services, including supervision of court-ordered
816	816	visitation, visitation exchange, or other similar services;
817	817	(12) issue an administrative writ of withholding under
818	818	Subchapter F, Chapter 158; and
819	819	(13) provide parenting coordinator services under
820	820	Chapter 153.
821	821	SECTION 4.07. Section 203.005(a), Family Code, is amended
822	822	to read as follows:
823	823	(a) The administering entity may authorize a domestic
824	824	relations office to assess and collect:
825	825	(1) an initial operations fee not to exceed $15 to be
826	826	paid to the domestic relations office on each filing of an original
827	827	suit, motion for modification, or motion for enforcement;
828	828	(2) in a county that has a child support enforcement
829	829	cooperative agreement with the Title IV-D agency, an initial child
830	830	support service fee not to exceed $36 to be paid to the domestic
831	831	relations office on the filing of an original suit;
832	832	(3) a reasonable application fee to be paid by an
833	833	applicant requesting services from the office;
834	834	(4) a reasonable attorney's fee and court costs
835	835	incurred or ordered by the court;
836	836	(5) a monthly service fee not to exceed $3 to be paid
837	837	annually in advance by a managing conservator and possessory
838	838	conservator for whom the domestic relations office provides child
839	839	support services;
840	840	(6) community supervision fees as provided by Chapter
841	841	157 if community supervision officers are employed by the domestic
842	842	relations office;
843	843	(7) a reasonable fee for preparation of a
844	844	court-ordered child custody evaluation or adoption evaluation
845	845	[social study];
846	846	(8) in a county that provides visitation services
847	847	under Sections 153.014 and 203.004 a reasonable fee to be paid to
848	848	the domestic relations office at the time the visitation services
849	849	are provided;
850	850	(9) a fee to reimburse the domestic relations office
851	851	for a fee required to be paid under Section 158.503(d) for filing an
852	852	administrative writ of withholding;
853	853	(10) a reasonable fee for parenting coordinator
854	854	services; and
855	855	(11) a reasonable fee for alternative dispute
856	856	resolution services.
857	857	SECTION 4.08. Section 411.1285(c), Government Code, is
858	858	amended to read as follows:
859	859	(c) Criminal history record information requested under
860	860	this section, including information included in a report of a child
861	861	custody evaluation or adoption evaluation [social study] filed
862	862	under Chapter 107 [Section 107.054], Family Code, may not be
863	863	released or disclosed by a domestic relations office to a person
864	864	other than the court ordering the child custody evaluation or
865	865	adoption evaluation [social study] except on court order or with
866	866	the consent of the person who is the subject of the criminal history
867	867	record information.
868	868	SECTION 4.09. Section 152.06331(f), Human Resources Code,
869	869	is amended to read as follows:
870	870	(f) Fees for the preparation of a court-ordered child
871	871	custody evaluation or adoption evaluation [social study] or any
872	872	other services provided by the domestic relations office, other
873	873	than services related to the collection of child support, must be
874	874	reasonable and imposed on a sliding scale according to the
875	875	financial resources of the parties using the services.
876	876	ARTICLE 5. REPEALER
877	877	SECTION 5.01. Subchapter D, Chapter 107, Family Code, is
878	878	repealed.
879	879	ARTICLE 6. TRANSITION AND EFFECTIVE DATE
880	880	SECTION 6.01. (a) Not later than September 1, 2014, the
881	881	Texas State Board of Examiners of Psychologists, the Texas State
882	882	Board of Examiners of Professional Counselors, the Texas State
883	883	Board of Social Worker Examiners, the Texas State Board of
884	884	Examiners of Marriage and Family Therapists, and the Texas Medical
885	885	Board shall adopt any rules necessary for license holders to comply
886	886	with the requirements of Subchapters E and F, Chapter 107, Family
887	887	Code, as added by this Act, and specifying that a person licensed by
888	888	any of the boards is subject to the rules of the board that licensed
889	889	the person when appointed by a court to conduct a child custody
890	890	evaluation or adoption evaluation under Subchapter E or F, Chapter
891	891	107, Family Code, as added by this Act. The rules adopted under this
892	892	subsection must:
893	893	(1) specify that any complaints relating to the
894	894	outcome of a child custody evaluation or adoption evaluation
895	895	conducted by a person licensed by any of the boards must be reported
896	896	to the court that ordered the evaluation instead of to the board
897	897	that licensed the person; and
898	898	(2) require that license holders receive notice that
899	899	the disclosure of confidential information in violation of Section
900	900	107.114 or 107.165, Family Code, as added by this Act, is grounds
901	901	for disciplinary action.
902	902	(b) As soon as possible after the effective date of this
903	903	Act, the Texas State Board of Examiners of Psychologists, the Texas
904	904	State Board of Examiners of Professional Counselors, and the Texas
905	905	State Board of Examiners of Marriage and Family Therapists shall
906	906	adopt rules prohibiting a psychological associate, a licensed
907	907	specialist in school psychology, a provisionally licensed
908	908	psychologist, a licensed professional counselor intern, and a
909	909	licensed marriage and family therapist associate from conducting a
910	910	child custody evaluation under Subchapter E, Chapter 107, Family
911	911	Code, as added by this Act, unless the person is otherwise qualified
912	912	to conduct the evaluation.
913	913	(c) As soon as possible after the effective date of this
914	914	Act, the executive commissioner of the Health and Human Services
915	915	Commission shall adopt rules prohibiting a licensed chemical
916	916	dependency counselor from conducting a child custody evaluation as
917	917	a child custody evaluator under Subchapter E, Chapter 107, Family
918	918	Code, as added by this Act, unless the person is otherwise qualified
919	919	to conduct the evaluation or is appointed by a court to conduct the
920	920	evaluation under Section 107.106, Family Code, as added by this
921	921	Act.
922	922	(d) Not later than September 1, 2014, the executive
923	923	commissioner of the Health and Human Services Commission shall
924	924	adopt any rules necessary to implement Subchapter F, Chapter 107,
925	925	Family Code, as added by this Act. Subchapter F, Chapter 107,
926	926	Family Code, as added by this Act, applies to an adoption evaluation
927	927	ordered by a court on or after September 1, 2014, or the date the
928	928	executive commissioner adopts rules under this subsection,
929	929	whichever occurs first. An adoption evaluation, pre-adoptive
930	930	social study, or post-placement adoptive social study ordered by a
931	931	court before that date is governed by the law in effect immediately
932	932	before the effective date of this Act, and the former law is
933	933	continued in effect for that purpose.
934	934	SECTION 6.02. Notwithstanding any other law, a person shall
935	935	be qualified to conduct a child custody evaluation under Section
936	936	107.105(b)(1) or (2), Family Code, as added by this Act, or an
937	937	adoption evaluation under Section 107.156(b)(3), Family Code, as
938	938	added by this Act, without satisfying the supervision requirements
939	939	of Section 107.105(b)(1)(B) or (2)(B) if, on or before the
940	940	effective date of this Act, the person completes at least 10 social
941	941	studies or other child custody evaluations ordered by a court in
942	942	suits affecting the parent-child relationship.
943	943	SECTION 6.03. The changes in law made by this Act apply to a
944	944	suit affecting the parent-child relationship that is pending in a
945	945	court on the effective date of this Act or that is filed on or after
946	946	that date.
947	947	SECTION 6.04. This Act takes effect September 1, 2013.