Texas 2015 - 84th Regular

Texas House Bill HB1449 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Harris H.B. No. 1449
2		-	(Senate Sponsor - Rodríguez)
3		-	(In the Senate - Received from the House May 11, 2015;
4		-	May 11, 2015, read first time and referred to Committee on State
5		-	Affairs; May 21, 2015, reported favorably by the following vote:
6		-	Yeas 9, Nays 0; May 21, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1449
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to child custody evaluations and adoption evaluations
13	6		conducted and testimony provided in certain suits affecting the
14	7		parent-child relationship; providing penalties; creating an
15	8		offense; authorizing fees.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		ARTICLE 1. CHILD CUSTODY EVALUATION AND ADOPTION EVALUATION
18	11		SECTION 1.01. The heading to Chapter 107, Family Code, is
19	12		amended to read as follows:
20	13		CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND
21	14		ADOPTION EVALUATIONS [SOCIAL STUDIES]
22	15		SECTION 1.02. The heading to Subchapter D, Chapter 107,
23	16		Family Code, is amended to read as follows:
24	17		SUBCHAPTER D. CHILD CUSTODY EVALUATION [SOCIAL STUDY]
25	18		SECTION 1.03. Section 107.0501, Family Code, is
26	19		redesignated as Section 107.101, Family Code, and amended to read
27	20		as follows:
28	21		Sec. 107.101 [107.0501]. DEFINITIONS. In this subchapter:
29	22		(1) "Child custody evaluation" ["Social study"] means
30	23		an evaluative process ordered by a court in a contested case through
31	24		which information, opinions, [and] recommendations, and answers to
32	25		specific questions asked by the court may be:
33	26		(A) made regarding:
34	27		(i) [adoption of a child,] conservatorship
35	28		of a child, including the terms and conditions of conservatorship;
36	29		(ii) [or] possession of or access to a
37	30		child, including the terms and conditions of possession or access;
38	31		or
39	32		(iii) any other issue affecting the best
40	33		interest of a child; and
41	34		(B) [may be] made to the [a] court, the parties to
42	35		the suit, [and] the parties' attorneys, and any other person
43	36		appointed under this chapter by the court in the suit. [The term
44	37		does not include services provided in accordance with the
45	38		Interstate Compact on the Placement of Children adopted under
46	39		Subchapter B, Chapter 162, or an evaluation conducted in accordance
47	40		with Section 262.114 by an employee of or contractor with the
48	41		Department of Family and Protective Services.]
49	42		(2) "Child custody ["Social study] evaluator" means an
50	43		individual who conducts a child custody evaluation [social study]
51	44		under this subchapter. The term includes a private child custody
52	45		evaluator.
53	46		(3) "Department" means the Department of Family and
54	47		Protective Services.
55	48		(4) "Person" includes an agency or a domestic
56	49		relations office.
57	50		(5) "Private child custody evaluator" means a person
58	51		conducting a child custody evaluation who is not conducting the
59	52		evaluation as an employee of or contractor with a domestic
60	53		relations office.
61	54		(6) "Supervision" means directing, regularly
62	55		reviewing, and meeting with a person with respect to the completion
63	56		of work for which the supervisor is responsible for the outcome.
64	57		The term does not require the constant physical presence of the
65	58		person providing supervision and may include telephonic or other
66	59		electronic communication.
67	60		SECTION 1.04. Subchapter D, Chapter 107, Family Code, is
68	61		amended by adding Sections 107.102 and 107.1025 to read as follows:
69	62		Sec. 107.102. APPLICABILITY. (a) For purposes of this
70	63		subchapter, a child custody evaluation does not include services
71	64		provided in accordance with the Interstate Compact on the Placement
72	65		of Children adopted under Subchapter B, Chapter 162, or an
73	66		evaluation conducted in accordance with Section 262.114 by an
74	67		employee of or contractor with the department.
75	68		(b) The department may not conduct a child custody
76	69		evaluation.
77	70		(c) Except as provided by Subsections (a) and (b), this
78	71		subchapter does not apply to the department or to a suit to which
79	72		the department is a party.
80	73		Sec. 107.1025. EFFECT OF MENTAL EXAMINATION. A mental
81	74		examination described by Rule 204.4, Texas Rules of Civil
82	75		Procedure, does not by itself satisfy the requirements for a child
83	76		custody evaluation under this subchapter. A mental examination may
84	77		be included in the report required under this subchapter and relied
85	78		on by the child custody evaluator to the extent the evaluator
86	79		considers appropriate under the circumstances.
87	80		SECTION 1.05. Section 107.051, Family Code, is redesignated
88	81		as Section 107.103, Family Code, and amended to read as follows:
89	82		Sec. 107.103 [107.051]. ORDER FOR CHILD CUSTODY EVALUATION
90	83		[SOCIAL STUDY]. (a) The court, after notice and hearing or on
91	84		agreement of the parties, may order the preparation of a child
92	85		custody evaluation regarding:
93	86		(1) [social study into] the circumstances and
94	87		condition of:
95	88		(A) [(1)] a child who is the subject of a suit;
96	89		(B) [or] a party to a suit; and
97	90		(C) [(2)] the residence [home] of any person
98	91		requesting conservatorship of, possession of, or access to a child
99	92		who is the subject of the suit; and
100	93		(2) any issue or question relating to the suit at the
101	94		request of the court before or during the evaluation process.
102	95		(b) The court may not appoint a child custody evaluator in a
103	96		suit involving a nonparent seeking conservatorship of a child
104	97		unless, after notice and hearing or on agreement of the parties, the
105	98		court makes a specific finding that good cause has been shown for
106	99		the appointment of a child custody evaluator [social study may be
107	100		made by a private entity, a person appointed by the court, a
108	101		domestic relations office, or a state agency, including the
109	102		Department of Family and Protective Services if the department is a
110	103		party to the suit].
111	104		(c) An order for a child custody evaluation must include:
112	105		(1) the name of each person who will conduct the
113	106		evaluation;
114	107		(2) the purpose of the evaluation; and
115	108		(3) the specific issues or questions to be addressed
116	109		in the evaluation [In a suit in which adoption is requested or
117	110		conservatorship of, possession of, or access to a child is an issue
118	111		and in which a social study has been ordered and the Department of
119	112		Family and Protective Services is not a party, the court shall
120	113		appoint a private agency, another person, or a domestic relations
121	114		office to conduct the social study].
122	115		(d) Except as provided by Section 107.106 [107.0511(b)],
123	116		each individual who conducts a child custody evaluation [social
124	117		study] must be qualified under Section 107.104 [107.0511].
125	118		SECTION 1.06. Section 107.0511, Family Code, is
126	119		redesignated as Section 107.104, Family Code, and amended to read
127	120		as follows:
128	121		Sec. 107.104 [107.0511]. CHILD CUSTODY [SOCIAL STUDY]
129	122		EVALUATOR: MINIMUM QUALIFICATIONS. (a) In this section:
130	123		(1) "Full-time experience" means a period during which
131	124		an individual works at least 30 hours per week.
132	125		(2) "Human services field of study" means a field of
133	126		study designed to prepare an individual in the disciplined
134	127		application of counseling, family therapy, psychology, or social
135	128		work values, principles, and methods.
136	129		(b) [The minimum qualifications prescribed by this section
137	130		do not apply to an individual conducting a social study:
138	131		[(1) in connection with a suit pending before a court
139	132		located in a county with a population of less than 500,000;
140	133		[(2) in connection with an adoption governed by rules
141	134		adopted under Section 107.0519(a);
142	135		[(3) as an employee or other authorized representative
143	136		of a licensed child-placing agency; or
144	137		[(4) as an employee or other authorized representative
145	138		of the Department of Family and Protective Services.
146	139		[(c) The executive commissioner of the Health and Human
147	140		Services Commission shall adopt rules prescribing the minimum
148	141		qualifications that an individual described by Subsection (b)(3) or
149	142		(4) must possess in order to conduct a social study under this
150	143		subchapter.
151	144		[(d)] To be qualified to conduct a child custody evaluation
152	145		[social study under this subchapter], an individual must:
153	146		(1) have at least a master's [bachelor's] degree from
154	147		an accredited college or university in a human services field of
155	148		study and a license to practice in this state as a social worker,
156	149		professional counselor, marriage and family therapist, or
157	150		psychologist, or have a license to practice medicine in this state
158	151		and a board certification in psychiatry and:
159	152		(A) after completing any degree required by this
160	153		subdivision, have two years of full-time experience or equivalent
161	154		part-time experience under professional supervision during which
162	155		the individual performed functions involving the evaluation of
163	156		physical, intellectual, social, and psychological functioning and
164	157		needs and developed an understanding [the potential] of the social
165	158		and physical environment, both present and prospective, to meet
166	159		those needs; and
167	160		(B) after obtaining a license required by this
168	161		subdivision, have performed [participated in the performance of] at
169	162		least 10 court-ordered child custody evaluations [social studies]
170	163		under the supervision of an individual qualified under this
171	164		section;
172	165		(2) meet the requirements of Subdivision (1)(A) and be
173	166		practicing under the direct supervision of an individual qualified
174	167		under this section in order to complete at least 10 court-ordered
175	168		child custody evaluations [social studies] under supervision; or
176	169		(3) be employed by or under contract with a domestic
177	170		relations office, provided that the individual conducts child
178	171		custody evaluations [social studies] relating only to families
179	172		ordered by a court to participate in child custody evaluations
180	173		[social studies] conducted by the domestic relations office.
181	174		(c) Notwithstanding Subsections (b)(1) and (2), an
182	175		individual with a doctoral degree and who holds a license in a human
183	176		services field of study is qualified to conduct a child custody
184	177		evaluation if the individual has completed a number of hours of
185	178		professional development coursework and practice experience
186	179		directly related to the performance of child custody evaluations as
187	180		described by this chapter, satisfactory to the licensing agency
188	181		that issues the individual's license.
189	182		(d) The licensing agency that issues a license to an
190	183		individual described by Subsection (c) may determine by rule that
191	184		internships, practicums, and other professional preparatory
192	185		activities completed by the individual during the course of
193	186		achieving the person's doctoral degree satisfy the requirements of
194	187		Subsection (c) in whole or in part.
195	188		(e) [If an individual meeting the requirements of this
196	189		section is not available in the county served by the court, the
197	190		court may authorize an individual determined by the court to be
198	191		otherwise qualified to conduct the social study.
199	192		[(f)] In addition to the qualifications prescribed by this
200	193		section, an individual must complete at least eight hours of family
201	194		violence dynamics training provided by a family violence service
202	195		provider to be qualified to conduct a child custody evaluation
203	196		[social study] under this subchapter.
204	197		[(g) The minimum qualifications prescribed by this section
205	198		do not apply to an individual who, before September 1, 2007:
206	199		[(1) lived in a county that has a population of 500,000
207	200		or more and is adjacent to two or more counties each of which has a
208	201		population of 50,000 or more;
209	202		[(2) received a four-year degree from an accredited
210	203		institution of higher education;
211	204		[(3) worked as a child protective services
212	205		investigator for the Department of Family and Protective Services
213	206		for at least four years;
214	207		[(4) worked as a community supervision and corrections
215	208		department officer; and
216	209		[(5) conducted at least 100 social studies in the
217	210		previous five years.
218	211		[(h) A person described by Subsection (g) who performs a
219	212		social study must:
220	213		[(1) complete at least eight hours of family violence
221	214		dynamics training provided by a family violence service provider;
222	215		and
223	216		[(2) participate annually in at least 15 hours of
224	217		continuing education for child custody evaluators that meets the
225	218		Model Standards of Practice for Child Custody Evaluation adopted by
226	219		the Association of Family and Conciliation Courts as those
227	220		standards existed May 1, 2009, or a later version of those standards
228	221		if adopted by rule of the executive commissioner of the Health and
229	222		Human Services Commission.
230	223		[(i) Subsections (g) and (h) and this subsection expire
231	224		September 1, 2017.]
232	225		SECTION 1.07. Subchapter D, Chapter 107, Family Code, is
233	226		amended by adding Sections 107.105 and 107.106 to read as follows:
234	227		Sec. 107.105. CHILD CUSTODY EVALUATION: SPECIALIZED
235	228		TRAINING REQUIRED. (a) The court shall determine whether the
236	229		qualifications of a child custody evaluator satisfy the
237	230		requirements of this subchapter.
238	231		(b) A child custody evaluator must demonstrate, if
239	232		requested, appropriate knowledge and competence in child custody
240	233		evaluation services consistent with professional models,
241	234		standards, and guidelines.
242	235		Sec. 107.106. EXCEPTION TO QUALIFICATIONS REQUIRED TO
243	236		CONDUCT CHILD CUSTODY EVALUATION. (a) In a county with a
244	237		population of less than 500,000, if a court finds that an individual
245	238		who meets the requirements of Section 107.104 is not available in
246	239		the county to conduct a child custody evaluation in a timely manner,
247	240		the court, after notice and hearing or on agreement of the parties,
248	241		may appoint an individual the court determines to be otherwise
249	242		qualified to conduct the evaluation.
250	243		(b) An individual appointed under this section shall comply
251	244		with all provisions of this subchapter, other than Section 107.104.
252	245		SECTION 1.08. Section 107.0512, Family Code, is
253	246		redesignated as Section 107.107, Family Code, and amended to read
254	247		as follows:
255	248		Sec. 107.107 [107.0512]. CHILD CUSTODY [SOCIAL STUDY]
256	249		EVALUATOR: CONFLICTS OF INTEREST AND BIAS. (a) Before accepting
257	250		appointment as a child custody [A social study] evaluator in a suit,
258	251		a person must disclose to the court, each attorney for a party to
259	252		the suit, any attorney for a child who is the subject of the suit,
260	253		and any party to the suit who does not have an attorney:
261	254		(1) any [who has a] conflict of interest that the
262	255		person believes the person has with any party to the [in a disputed]
263	256		suit or a child who is the subject of the suit;
264	257		(2) any [who may be biased on the basis of] previous
265	258		knowledge that the person has of a party to the suit or a child who
266	259		is the subject of the suit, other than knowledge obtained in a
267	260		court-ordered evaluation;
268	261		(3) any pecuniary relationship that the person
269	262		believes the person has with an attorney in the suit;
270	263		(4) any relationship of confidence or trust that the
271	264		person believes the person has with an attorney in the suit; and
272	265		(5) any other information relating to the person's
273	266		relationship with an attorney in the suit that a reasonable,
274	267		prudent person would believe would affect the ability of the person
275	268		to act impartially in conducting a child custody evaluation[,
276	269		shall:
277	270		[(1) decline to conduct a social study for the suit; or
278	271		[(2) disclose any issue or concern to the court before
279	272		accepting the appointment or assignment].
280	273		(b) The court may not appoint a person as a child custody
281	274		evaluator in a suit if the person makes any of the disclosures in
282	275		Subsection (a) unless:
283	276		(1) the court finds that:
284	277		(A) the person has no conflict of interest with a
285	278		party to the suit or a child who is the subject of the suit;
286	279		(B) the person's previous knowledge of a party to
287	280		the suit or a child who is the subject of the suit is not relevant;
288	281		(C) the person does not have a pecuniary
289	282		relationship with an attorney in the suit; and
290	283		(D) the person does not have a relationship of
291	284		trust or confidence with an attorney in the suit; or
292	285		(2) the parties and any attorney for a child who is the
293	286		subject of the suit agree in writing to the person's appointment as
294	287		the child custody evaluator.
295	288		(c) After being appointed as a child custody evaluator in a
296	289		suit, a person shall immediately disclose to the court, each
297	290		attorney for a party to the suit, any attorney for a child who is the
298	291		subject of the suit, and any party to the suit who does not have an
299	292		attorney any discovery of:
300	293		(1) a conflict of interest that the person believes
301	294		the person has with a party to the suit or a child who is the subject
302	295		of the suit; and
303	296		(2) previous knowledge that the person has of a party
304	297		to the suit or a child who is the subject of the suit, other than
305	298		knowledge obtained in a court-ordered evaluation.
306	299		(d) A person shall resign from the person's appointment as a
307	300		child custody evaluator in a suit if the person makes any of the
308	301		disclosures in Subsection (c) unless:
309	302		(1) the court finds that:
310	303		(A) the person has no conflict of interest with a
311	304		party to the suit or a child who is the subject of the suit; and
312	305		(B) the person's previous knowledge of a party to
313	306		the suit or a child who is the subject of the suit is not relevant;
314	307		or
315	308		(2) the parties and any attorney for a child who is the
316	309		subject of the suit agree in writing to the person's continued
317	310		appointment as the child custody evaluator.
318	311		(e) A child custody [social study] evaluator who has
319	312		previously conducted a child custody evaluation [social study] for
320	313		a suit may conduct all subsequent evaluations in the suit unless the
321	314		court finds that the evaluator is biased.
322	315		(f) An individual may not be appointed as a child custody
323	316		evaluator in a suit if the individual has worked in a professional
324	317		capacity with a party to the suit, a child who is the subject of the
325	318		suit, or a member of the party's or child's family who is involved in
326	319		the suit. This subsection does not apply to an individual who has
327	320		worked in a professional capacity with a party, a child, or a member
328	321		of the party's or child's family only as a teacher of parenting
329	322		skills in a group setting, with no individualized interaction with
330	323		any party, the child, any party's family, or the child's family, or
331	324		as a child custody evaluator who performed a previous evaluation. A
332	325		child custody evaluator who has worked as a teacher of parenting
333	326		skills in a group setting that included a party, a child, or another
334	327		person who will be the subject of an evaluation or has worked as a
335	328		child custody evaluator for a previous evaluation must notify the
336	329		court and the attorney of each represented party or, if a party is
337	330		not represented, the evaluator must notify the party. For purposes
338	331		of this subsection, "family" has the meaning assigned by Section
339	332		71.003.
340	333		[(c) This section does not prohibit a court from appointing
341	334		an employee of the Department of Family and Protective Services to
342	335		conduct a social study in a suit in which adoption is requested or
343	336		possession of or access to a child is an issue and in which the
344	337		department is a party or has an interest.]
345	338		SECTION 1.09. Section 107.0513, Family Code, is
346	339		redesignated as Section 107.108, Family Code, and amended to read
347	340		as follows:
348	341		Sec. 107.108 [107.0513]. GENERAL PROVISIONS APPLICABLE TO
349	342		CONDUCT OF CHILD CUSTODY EVALUATION [SOCIAL STUDY] AND PREPARATION
350	343		OF REPORT. (a) Unless otherwise directed by a court or prescribed
351	344		by a provision of this title, a child custody [social study]
352	345		evaluator's actions in conducting a child custody evaluation must
353	346		[social study shall] be in conformance with the professional
354	347		standard of care applicable to the evaluator's licensure and any
355	348		administrative rules, ethical standards, or guidelines adopted by
356	349		the licensing authority [state agency] that licenses the evaluator.
357	350		(b) A [In addition to the requirements prescribed by this
358	351		subchapter, a] court may impose requirements or adopt local rules
359	352		applicable to a child custody evaluation [social study] or a child
360	353		custody [social study] evaluator that do not conflict with this
361	354		subchapter.
362	355		(c) A child custody [social study] evaluator shall follow
363	356		evidence-based practice methods and make use of current best
364	357		evidence in making assessments and recommendations.
365	358		(d) A child custody [social study] evaluator shall disclose
366	359		to each attorney of record any communication regarding a
367	360		substantive issue between the evaluator and an attorney of record
368	361		representing a party in a contested [disputed] suit. This
369	362		subsection does not apply to a communication between a child
370	363		custody [social study] evaluator and an attorney ad litem or amicus
371	364		attorney.
372	365		(e) To the extent possible, a child custody [social study]
373	366		evaluator shall verify each statement of fact pertinent to a child
374	367		custody evaluation [social study] and shall note the sources of
375	368		verification and information in the child custody evaluation report
376	369		prepared under Section 107.113.
377	370		(f) A child custody [social study] evaluator shall state the
378	371		basis for the evaluator's conclusions or recommendations, and the
379	372		extent to which information obtained limits the reliability and
380	373		validity of the opinion and the conclusions and recommendations of
381	374		the evaluator, in the child custody evaluation report prepared
382	375		under Section 107.113. A child custody [social study] evaluator
383	376		who has evaluated only one side of a contested suit [disputed case]
384	377		shall refrain from making a recommendation regarding
385	378		conservatorship of a child or possession of or access to a child,
386	379		but may state whether any information obtained regarding a child's
387	380		placement with a party indicates concerns for:
388	381		(1) the safety of the child;
389	382		(2) the party's parenting skills or capability;
390	383		(3) the party's relationship with the child; or
391	384		(4) the mental health of the party [the party
392	385		evaluated appears to be suitable for conservatorship].
393	386		(g) A child custody evaluation [Each social study subject to
394	387		this subchapter] must be conducted in compliance with this
395	388		subchapter, regardless of whether the child custody evaluation
396	389		[study] is conducted:
397	390		(1) by a single child custody [social study] evaluator
398	391		or multiple evaluators working separately or together; or
399	392		(2) within a county served by the court with
400	393		continuing jurisdiction or at a geographically distant location.
401	394		(h) A child custody evaluation [social study] report must
402	395		include for each child custody evaluator who conducted any portion
403	396		of the child custody evaluation:
404	397		(1) the name and[,] license number of the child
405	398		custody evaluator;[,] and
406	399		(2) a statement that the child custody evaluator:
407	400		(A) has read and meets the requirements of [basis
408	401		for qualification under] Section 107.104; or
409	402		(B) was appointed under Section 107.106
410	403		[107.0511 of each social study evaluator who conducted any portion
411	404		of the social study].
412	405		SECTION 1.10. Section 107.0514, Family Code, is
413	406		redesignated as Section 107.109, Family Code, and amended to read
414	407		as follows:
415	408		Sec. 107.109 [107.0514]. ELEMENTS OF CHILD CUSTODY
416	409		EVALUATION [SOCIAL STUDY]. (a) A child custody evaluator may not
417	410		offer an opinion regarding conservatorship of a child who is the
418	411		subject of a suit or possession of or access to the child unless
419	412		each basic element of a child custody evaluation as described by
420	413		this section has been completed.
421	414		(b) A child custody evaluator shall:
422	415		(1) identify in the report required by Section 107.113
423	416		any basic element or any additional element of a child custody
424	417		evaluation described by this section that was not completed;
425	418		(2) explain the reasons the element was not completed;
426	419		and
427	420		(3) include an explanation of the likely effect of the
428	421		missing element on the confidence the child custody evaluator has
429	422		in the evaluator's expert opinion.
430	423		(c) The basic elements of a child custody evaluation [social
431	424		study] under this subchapter consist of:
432	425		(1) a personal interview of each party to the suit;
433	426		(2) interviews [an interview], conducted in a
434	427		developmentally appropriate manner, of each child who is the
435	428		subject of [at issue in] the suit, regardless of the age of the
436	429		child, during a period of possession of each party to the suit but
437	430		outside the presence of the party [who is at least four years of
438	431		age];
439	432		(3) observation of each child who is the subject of [at
440	433		issue in] the suit, regardless of the age of the child, in the
441	434		presence of each party to the suit, including, as appropriate,
442	435		during supervised visitation, unless contact between a party and a
443	436		child is prohibited by court order or the person conducting the
444	437		evaluation has good cause for not conducting the observation and
445	438		states the good cause in writing provided to the parties to the suit
446	439		before the completion of the evaluation;
447	440		(4) an observation and, if the child is at least four
448	441		years old, an interview of any child who is not a subject of the suit
449	442		who lives on a full-time basis in a residence that is the subject of
450	443		the evaluation, including with other children or parties who are
451	444		subjects of the evaluation, where appropriate;
452	445		(5) the obtaining of information from relevant
453	446		collateral sources, including the review of:
454	447		(A) relevant school records;
455	448		(B) relevant physical and mental health records
456	449		of each party to the suit and each child who is the subject of the
457	450		suit;
458	451		(C) relevant records of the department obtained
459	452		under Section 107.111;
460	453		(D) criminal history information relating to
461	454		each child who is the subject of the suit, each party to the suit,
462	455		and each person who lives with a party to the suit; and
463	456		(E) any other collateral source that may have
464	457		relevant information;
465	458		(6) [(5)] evaluation of the home environment of each
466	459		party seeking conservatorship of a child who is the subject of [at
467	460		issue in] the suit or possession of or access to the child, unless
468	461		the condition of the home environment is identified as not being in
469	462		dispute in the court order requiring the child custody evaluation
470	463		[social study];
471	464		(7) [(6)] for each individual residing in a residence
472	465		subject to the child custody evaluation [social study],
473	466		consideration of any criminal history information and any contact
474	467		with the department [Department of Family and Protective Services]
475	468		or a law enforcement agency regarding abuse or neglect; and
476	469		(8) [(7)] assessment of the relationship between each
477	470		child who is the subject of [at issue in] the suit and each party
478	471		seeking possession of or access to the child.
479	472		(d) [(b)] The additional elements of a child custody
480	473		evaluation [social study] under this subchapter consist of:
481	474		(1) balanced interviews and observations
482	475		[observation] of each child who is the subject of [at issue in] the
483	476		suit so that a child who is interviewed or observed while in the
484	477		care of one party to the suit is also interviewed or observed while
485	478		in the care of each other party to the suit;
486	479		(2) an interview of each individual, including a child
487	480		who is at least four years of age, residing on a full-time or
488	481		part-time basis in a residence subject to the child custody
489	482		evaluation [social study]; [and]
490	483		(3) evaluation of the home environment of each party
491	484		seeking conservatorship of a child who is the subject of [at issue
492	485		in] the suit or possession of or access to the child, regardless of
493	486		whether the home environment is in dispute;
494	487		(4) observation of a child who is the subject of the
495	488		suit with each adult who lives in a residence that is the subject of
496	489		the evaluation;
497	490		(5) an interview, if the child is at least four years
498	491		of age, and observation of a child who is not the subject of the suit
499	492		but who lives on a full-time or part-time basis in a residence that
500	493		is the subject of the evaluation;
501	494		(6) psychometric testing, if necessary, consistent
502	495		with Section 107.110; and
503	496		(7) the performance of other tasks requested of the
504	497		evaluator by the court, including:
505	498		(A) a joint interview of the parties to the suit;
506	499		or
507	500		(B) the review of any other information that the
508	501		court determines is relevant.
509	502		[(c) A social study evaluator may not offer an opinion
510	503		regarding conservatorship of a child at issue in a suit or
511	504		possession of or access to the child unless each basic element of a
512	505		social study under Subsection (a) has been completed. A social
513	506		study evaluator shall identify in the report any additional element
514	507		of a social study under Subsection (b) that was not completed and
515	508		shall explain the reasons that the element was not completed.]
516	509		SECTION 1.11. Subchapter D, Chapter 107, Family Code, is
517	510		amended by adding Section 107.110 to read as follows:
518	511		Sec. 107.110. PSYCHOMETRIC TESTING. (a) A child custody
519	512		evaluator may conduct psychometric testing as part of a child
520	513		custody evaluation if:
521	514		(1) ordered by the court or determined necessary by
522	515		the child custody evaluator; and
523	516		(2) the child custody evaluator is:
524	517		(A) appropriately licensed and trained to
525	518		administer and interpret the specific psychometric tests selected;
526	519		and
527	520		(B) trained in the specialized forensic
528	521		application of psychometric testing.
529	522		(b) Selection of a specific psychometric test is at the
530	523		professional discretion of the child custody evaluator based on the
531	524		specific issues raised in the suit.
532	525		(c) A child custody evaluator may only use psychometric
533	526		tests if the evaluator is familiar with the reliability,
534	527		validation, and related standardization or outcome studies of, and
535	528		proper applications and use of, the tests within a forensic
536	529		setting.
537	530		(d) If a child custody evaluator considers psychometric
538	531		testing necessary but lacks specialized training or expertise to
539	532		use the specific tests under this section, the evaluator may
540	533		designate a licensed psychologist to conduct the testing.
541	534		SECTION 1.12. Subchapter D, Chapter 107, Family Code, is
542	535		amended by adding Section 107.1101 to read as follows:
543	536		Sec. 107.1101. EFFECT OF POTENTIALLY UNDIAGNOSED SERIOUS
544	537		MENTAL ILLNESS. (a) In this section, "serious mental illness" has
545	538		the meaning assigned by Section 1355.001, Insurance Code.
546	539		(b) If a child custody evaluator identifies the presence of
547	540		a potentially undiagnosed serious mental illness experienced by an
548	541		individual who is a subject of the child custody evaluation and the
549	542		evaluator is not qualified by the evaluator's licensure,
550	543		experience, and training to assess a serious mental illness, the
551	544		evaluator shall make one or more appropriate referrals for a mental
552	545		examination of the individual.
553	546		(c) The child custody evaluation report must include any
554	547		information that the evaluator considers appropriate under the
555	548		circumstances regarding the possible effects of an individual's
556	549		potentially undiagnosed serious mental illness on the evaluation
557	550		and the evaluator's recommendations.
558	551		SECTION 1.13. Section 107.05145, Family Code, is
559	552		redesignated as Section 107.111, Family Code, and amended to read
560	553		as follows:
561	554		Sec. 107.111 [107.05145]. CHILD CUSTODY [SOCIAL STUDY]
562	555		EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT [OF FAMILY
563	556		AND PROTECTIVE SERVICES]; OFFENSE. (a) A child custody [social
564	557		study] evaluator appointed by a court is entitled to obtain from the
565	558		department [Department of Family and Protective Services] a
566	559		complete, unredacted copy of any investigative record regarding
567	560		abuse or neglect that relates to any person residing in the
568	561		residence subject to the child custody evaluation [social study].
569	562		(b) Except as provided by this section, records obtained by
570	563		a child custody [social study] evaluator from the department
571	564		[Department of Family and Protective Services] under this section
572	565		are confidential and not subject to disclosure under Chapter 552,
573	566		Government Code, or to disclosure in response to a subpoena or a
574	567		discovery request.
575	568		(c) A child custody [social study] evaluator may disclose
576	569		information obtained under Subsection (a) in the child custody
577	570		evaluation [social study] report prepared under Section 107.113
578	571		only to the extent the evaluator determines that the information is
579	572		relevant to the child custody evaluation [social study] or a
580	573		recommendation made under this subchapter.
581	574		(d) A person commits an offense if the person recklessly
582	575		discloses confidential information obtained from the department
583	576		[Department of Family and Protective Services] in violation of this
584	577		section. An offense under this subsection is a Class A misdemeanor.
585	578		SECTION 1.14. Subchapter D, Chapter 107, Family Code, is
586	579		amended by adding Section 107.112 to read as follows:
587	580		Sec. 107.112. COMMUNICATIONS AND RECORDKEEPING OF CHILD
588	581		CUSTODY EVALUATOR. (a) Notwithstanding any rule, standard of
589	582		care, or privilege applicable to the professional license held by a
590	583		child custody evaluator, a communication made by a participant in a
591	584		child custody evaluation is subject to disclosure and may be
592	585		offered in any judicial or administrative proceeding if otherwise
593	586		admissible under the rules of evidence.
594	587		(b) A child custody evaluator shall:
595	588		(1) keep a detailed record of interviews that the
596	589		evaluator conducts, observations that the evaluator makes, and
597	590		substantive interactions that the evaluator has as part of a child
598	591		custody evaluation; and
599	592		(2) maintain the evaluator's records consistent with
600	593		applicable laws, including rules applicable to the evaluator's
601	594		license.
602	595		(c) Except for records obtained from the department in
603	596		accordance with Section 107.111, a private child custody evaluator
604	597		shall, after completion of an evaluation and the preparation and
605	598		filing of a child custody evaluation report under Section 107.113,
606	599		make available in a reasonable time the evaluator's records
607	600		relating to the evaluation on the written request of an attorney for
608	601		a party, a party who does not have an attorney, and any person
609	602		appointed under this chapter in the suit in which the evaluator
610	603		conducted the evaluation, unless a court has issued an order
611	604		restricting disclosure of the records.
612	605		(d) Except for records obtained from the department in
613	606		accordance with Section 107.111, records relating to a child
614	607		custody evaluation conducted by an employee of or contractor with a
615	608		domestic relations office shall, after completion of the evaluation
616	609		and the preparation and filing of a child custody evaluation report
617	610		under Section 107.113, be made available on written request
618	611		according to the local rules and policies of the office.
619	612		(e) A person maintaining records subject to disclosure
620	613		under this section may charge a reasonable fee for producing the
621	614		records before copying the records.
622	615		(f) A private child custody evaluator shall retain all
623	616		records relating to a child custody evaluation conducted by the
624	617		evaluator until the ending date of the retention period adopted by
625	618		the licensing authority that issues the professional license held
626	619		by the evaluator based on the date the evaluator filed the child
627	620		custody evaluation report prepared under this section with the
628	621		court.
629	622		(g) A domestic relations office shall retain records
630	623		relating to a child custody evaluation conducted by a child custody
631	624		evaluator acting as an employee of or contractor with the office for
632	625		the retention period established by the office.
633	626		(h) A person who participates in a child custody evaluation
634	627		is not a patient as that term is defined by Section 611.001(1),
635	628		Health and Safety Code.
636	629		SECTION 1.15. Section 107.054, Family Code, is redesignated
637	630		as Section 107.113, Family Code, and amended to read as follows:
638	631		Sec. 107.113 [107.054]. CHILD CUSTODY EVALUATION REPORT
639	632		REQUIRED [FILED WITH COURT]. (a) A child custody evaluator who
640	633		conducts a child custody evaluation shall prepare and file a report
641	634		containing the evaluator's findings, opinions, recommendations,
642	635		and answers to specific questions asked by the court relating to the
643	636		evaluation.
644	637		(b) The [agency or] person conducting a child custody
645	638		evaluation [making the social study] shall file with the court on a
646	639		date set by the court a report containing the person's [its]
647	640		findings and conclusions. The report shall be made a part of the
648	641		record of the suit.
649	642		(c) If the suit is settled before completion of the child
650	643		custody evaluation report, the report under this section is not
651	644		required.
652	645		(d) A report prepared under this section must include the
653	646		information required by Section 107.108(h) for each child custody
654	647		evaluator who conducted any portion of the evaluation.
655	648		SECTION 1.16. Section 107.055, Family Code, is redesignated
656	649		as Section 107.114, Family Code, and amended to read as follows:
657	650		Sec. 107.114 [107.055]. INTRODUCTION AND PROVISION OF
658	651		CHILD CUSTODY EVALUATION REPORT [AT TRIAL]. (a) Disclosure to the
659	652		jury of the contents of a child custody evaluation report prepared
660	653		under Section 107.113 [to the court of a social study] is subject to
661	654		the rules of evidence.
662	655		(b) Unless the court has rendered an order restricting
663	656		disclosure, a private child custody evaluator shall provide to the
664	657		attorneys of the parties to a suit, any party who does not have an
665	658		attorney, and any other person appointed by the court under this
666	659		chapter in a suit a copy [In a contested case, the agency or person
667	660		making the social study shall furnish copies] of the child custody
668	661		evaluation report [to the attorneys for the parties] before the
669	662		earlier of:
670	663		(1) the third [seventh] day after the date the child
671	664		custody evaluation report [social study] is completed; or
672	665		(2) the 30th [fifth] day before the date of
673	666		commencement of the trial.
674	667		(c) A child custody evaluator who conducts a child custody
675	668		evaluation as an employee of or under contract with a domestic
676	669		relations office shall provide to the attorneys of the parties to a
677	670		suit and any person appointed in the suit under this chapter a copy
678	671		of the child custody evaluation report before the earlier of:
679	672		(1) the seventh day after the date the child custody
680	673		evaluation report is completed; or
681	674		(2) the fifth day before the date the trial commences.
682	675		(d) A child custody evaluator who conducts a child custody
683	676		evaluation as an employee of or under contract with a domestic
684	677		relations office shall provide a copy of the report to a party to
685	678		the suit as provided by the local rules and policies of the office
686	679		or by a court order [The court may compel the attendance of
687	680		witnesses necessary for the proper disposition of the suit,
688	681		including a representative of the agency making the social study,
689	682		who may be compelled to testify].
690	683		SECTION 1.17. Section 107.056, Family Code, is redesignated
691	684		as Section 107.115, Family Code, and amended to read as follows:
692	685		Sec. 107.115 [107.056]. CHILD CUSTODY EVALUATION
693	686		[PREPARATION] FEE. If the court orders a child custody evaluation
694	687		[social study] to be conducted, the court shall award the [agency or
695	688		other] person appointed as the child custody evaluator a reasonable
696	689		fee for the preparation of the child custody evaluation [study]
697	690		that shall be imposed in the form of a money judgment and paid
698	691		directly to the [agency or other] person. The person [or agency]
699	692		may enforce the judgment for the fee by any means available under
700	693		law for civil judgments.
701	694		SECTION 1.18. Chapter 107, Family Code, is amended by
702	695		adding Subchapters E and F to read as follows:
703	696		SUBCHAPTER E. ADOPTION EVALUATION
704	697		Sec. 107.151. DEFINITIONS. In this subchapter:
705	698		(1) "Adoption evaluation" means a pre-placement or
706	699		post-placement evaluative process through which information and
707	700		recommendations regarding adoption of a child may be made to the
708	701		court, the parties, and the parties' attorneys.
709	702		(2) "Adoption evaluator" means a person who conducts
710	703		an adoption evaluation under this subchapter.
711	704		(3) "Department" means the Department of Family and
712	705		Protective Services.
713	706		(4) "Supervision" means directing, regularly
714	707		reviewing, and meeting with a person with respect to the completion
715	708		of work for which the supervisor is responsible for the outcome.
716	709		The term does not require the constant physical presence of the
717	710		person providing supervision and may include telephonic or other
718	711		electronic communication.
719	712		Sec. 107.152. APPLICABILITY. (a) For purposes of this
720	713		subchapter, an adoption evaluation does not include services
721	714		provided in accordance with the Interstate Compact on the Placement
722	715		of Children adopted under Subchapter B, Chapter 162, or an
723	716		evaluation conducted in accordance with Section 262.114 by an
724	717		employee of or contractor with the department.
725	718		(b) This subchapter does not apply to the pre-placement and
726	719		post-placement parts of an adoption evaluation conducted by a
727	720		licensed child-placing agency or the department.
728	721		(c) The pre-placement and post-placement parts of an
729	722		adoption evaluation conducted by a licensed child-placing agency or
730	723		the department are governed by rules adopted by the executive
731	724		commissioner of the Health and Human Services Commission.
732	725		(d) In a suit involving a licensed child-placing agency or
733	726		the department, a licensed child-placing agency or the department
734	727		shall conduct the pre-placement and post-placement parts of the
735	728		adoption evaluation and file reports on those parts with the court
736	729		before the court renders a final order of adoption.
737	730		(e) A court may appoint the department to conduct the
738	731		pre-placement and post-placement parts of an adoption evaluation in
739	732		a suit only if the department is:
740	733		(1) a party to the suit; or
741	734		(2) the managing conservator of the child who is the
742	735		subject of the suit.
743	736		Sec. 107.153. ORDER FOR ADOPTION EVALUATION. (a) The court
744	737		shall order the performance of an adoption evaluation to evaluate
745	738		each party who requests termination of the parent-child
746	739		relationship or an adoption in a suit for:
747	740		(1) termination of the parent-child relationship in
748	741		which a person other than a parent may be appointed managing
749	742		conservator of a child; or
750	743		(2) an adoption.
751	744		(b) The adoption evaluation required under Subsection (a)
752	745		must include an evaluation of the circumstances and the condition
753	746		of the home and social environment of any person requesting to adopt
754	747		a child who is at issue in the suit.
755	748		(c) The court may appoint a qualified individual, a
756	749		qualified private entity, or a domestic relations office to conduct
757	750		the adoption evaluation.
758	751		(d) Except as provided by Section 107.155, a person who
759	752		conducts an adoption evaluation must meet the requirements of
760	753		Section 107.154.
761	754		(e) The costs of an adoption evaluation under this section
762	755		shall be paid by the prospective adoptive parent.
763	756		Sec. 107.154. ADOPTION EVALUATOR: MINIMUM QUALIFICATIONS.
764	757		(a) In this section:
765	758		(1) "Full-time experience" means a period during which
766	759		a person works at least 30 hours per week.
767	760		(2) "Human services field of study" means a field of
768	761		study designed to prepare a person in the disciplined application
769	762		of counseling, family therapy, psychology, or social work values,
770	763		principles, and methods.
771	764		(b) To be qualified to conduct an adoption evaluation under
772	765		this subchapter, a person must:
773	766		(1) have a degree from an accredited college or
774	767		university in a human services field of study and a license to
775	768		practice in this state as a social worker, professional counselor,
776	769		marriage and family therapist, or psychologist and:
777	770		(A) have one year of full-time experience working
778	771		at a child-placing agency conducting child-placing activities; or
779	772		(B) be practicing under the direct supervision of
780	773		a person qualified under this section to conduct adoption
781	774		evaluations;
782	775		(2) be employed by a domestic relations office,
783	776		provided that the person conducts adoption evaluations relating
784	777		only to families ordered to participate in adoption evaluations
785	778		conducted by the domestic relations office; or
786	779		(3) be qualified as a child custody evaluator under
787	780		Section 107.104.
788	781		(c) In addition to the other qualifications prescribed by
789	782		this section, an individual must complete at least eight hours of
790	783		family violence dynamics training provided by a family violence
791	784		service provider to be qualified to conduct an adoption evaluation
792	785		under this subchapter.
793	786		Sec. 107.155. EXCEPTION TO QUALIFICATIONS REQUIRED TO
794	787		CONDUCT ADOPTION EVALUATION. (a) In a county with a population of
795	788		less than 500,000, if a court finds that an individual who meets the
796	789		requirements of Section 107.154 is not available in the county to
797	790		conduct an adoption evaluation in a timely manner, the court, after
798	791		notice and hearing or on agreement of the parties, may appoint a
799	792		person the court determines to be otherwise qualified to conduct
800	793		the evaluation.
801	794		(b) An individual appointed under this section shall comply
802	795		with all provisions of this subchapter, other than Section 107.154.
803	796		Sec. 107.156. ADOPTION EVALUATOR: CONFLICTS OF INTEREST AND
804	797		BIAS. (a) Before accepting appointment as an adoption evaluator in
805	798		a suit, a person must disclose to the court, each attorney for a
806	799		party to the suit, any attorney for a child who is the subject of the
807	800		suit, and any party to the suit who does not have an attorney:
808	801		(1) any conflict of interest that the person believes
809	802		the person has with a party to the suit or a child who is the subject
810	803		of the suit;
811	804		(2) any previous knowledge that the person has of a
812	805		party to the suit or a child who is the subject of the suit;
813	806		(3) any pecuniary relationship that the person
814	807		believes the person has with an attorney in the suit;
815	808		(4) any relationship of confidence or trust that the
816	809		person believes the person has with an attorney in the suit; and
817	810		(5) any other information relating to the person's
818	811		relationship with an attorney in the suit that a reasonable,
819	812		prudent person would believe would affect the ability of the person
820	813		to act impartially in conducting an adoption evaluation.
821	814		(b) The court may not appoint a person as an adoption
822	815		evaluator in a suit if the person makes any of the disclosures in
823	816		Subsection (a) unless:
824	817		(1) the court finds that:
825	818		(A) the person has no conflict of interest with a
826	819		party to the suit or a child who is the subject of the suit;
827	820		(B) the person's previous knowledge of a party to
828	821		the suit or a child who is the subject of the suit is not relevant;
829	822		(C) the person does not have a pecuniary
830	823		relationship with an attorney in the suit; and
831	824		(D) the person does not have a relationship of
832	825		trust or confidence with an attorney in the suit; or
833	826		(2) the parties and any attorney for a child who is the
834	827		subject of the suit agree in writing to the person's appointment as
835	828		the adoption evaluator.
836	829		(c) After being appointed as an adoption evaluator in a
837	830		suit, a person shall immediately disclose to the court, each
838	831		attorney for a party to the suit, any attorney for a child who is the
839	832		subject of the suit, and any party to the suit who does not have an
840	833		attorney any discovery of:
841	834		(1) a conflict of interest that the person believes
842	835		the person has with a party to the suit or a child who is the subject
843	836		of the suit; and
844	837		(2) previous knowledge that the person has of a party
845	838		to the suit or a child who is the subject of the suit, other than
846	839		knowledge obtained in a court-ordered evaluation.
847	840		(d) A person shall resign from the person's appointment as
848	841		an adoption evaluator in a suit if the person makes any of the
849	842		disclosures in Subsection (c) unless:
850	843		(1) the court finds that:
851	844		(A) the person has no conflict of interest with a
852	845		party to the suit or a child who is the subject of the suit; and
853	846		(B) the person's previous knowledge of a party to
854	847		the suit or a child who is the subject of the suit is not relevant;
855	848		or
856	849		(2) the parties and any attorney for a child who is the
857	850		subject of the suit agree in writing to the person's continued
858	851		appointment as the adoption evaluator.
859	852		(e) An individual may not be appointed as an adoption
860	853		evaluator in a suit if the individual has worked in a professional
861	854		capacity with a party to the suit, a child who is the subject of the
862	855		suit, or a member of the party's or child's family who is involved in
863	856		the suit. This subsection does not apply to an individual who has
864	857		worked in a professional capacity with a party, a child, or a member
865	858		of the party's or child's family only as a teacher of parenting
866	859		skills in a group setting, with no individualized interaction with
867	860		any party, the child, any party's family, or the child's family, or
868	861		as a child custody evaluator or adoption evaluator who performed a
869	862		previous evaluation. For purposes of this subsection, "family" has
870	863		the meaning assigned by Section 71.003.
871	864		Sec. 107.157. REPORTING CERTAIN PLACEMENTS FOR ADOPTION.
872	865		An adoption evaluator shall report to the department any adoptive
873	866		placement that appears to have been made by someone other than a
874	867		licensed child-placing agency or a child's parent or managing
875	868		conservator.
876	869		Sec. 107.158. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF
877	870		ADOPTION EVALUATOR AND PREPARATION OF REPORTS. (a) Unless
878	871		otherwise directed by a court or prescribed by this subchapter, an
879	872		adoption evaluator's actions in conducting an adoption evaluation
880	873		must be in conformance with the professional standard of care
881	874		applicable to the evaluator's licensure and any administrative
882	875		rules, ethical standards, or guidelines adopted by the licensing
883	876		authority that licenses the evaluator.
884	877		(b) A court may impose requirements or adopt local rules
885	878		applicable to an adoption evaluation or an adoption evaluator that
886	879		do not conflict with this subchapter.
887	880		(c) An adoption evaluator shall follow evidence-based
888	881		practice methods and make use of current best evidence in making
889	882		assessments and recommendations.
890	883		(d) An adoption evaluator shall disclose to each attorney of
891	884		record any communication regarding a substantive issue between the
892	885		evaluator and an attorney of record representing a party in a
893	886		contested suit. This subsection does not apply to a communication
894	887		between an adoption evaluator and an amicus attorney.
895	888		(e) To the extent possible, an adoption evaluator shall
896	889		verify each statement of fact pertinent to an adoption evaluation
897	890		and shall note the sources of verification and information in any
898	891		report prepared on the evaluation.
899	892		(f) An adoption evaluator shall state the basis for the
900	893		evaluator's conclusions or recommendations in any report prepared
901	894		on the evaluation.
902	895		(g) An adoption evaluation report must include for each
903	896		adoption evaluator who conducted any portion of the adoption
904	897		evaluation:
905	898		(1) the name and license number of the adoption
906	899		evaluator; and
907	900		(2) a statement that the adoption evaluator:
908	901		(A) has read and meets the requirements of
909	902		Section 107.154; or
910	903		(B) was appointed under Section 107.155.
911	904		Sec. 107.159. REQUIREMENTS FOR PRE-PLACEMENT PORTION OF
912	905		ADOPTION EVALUATION AND REPORT. (a) Unless otherwise agreed to by
913	906		the court, the pre-placement part of an adoption evaluation must
914	907		comply with the minimum requirements for the pre-placement part of
915	908		an adoption evaluation under rules adopted by the executive
916	909		commissioner of the Health and Human Services Commission.
917	910		(b) Unless a child who is the subject of the suit begins to
918	911		reside in a prospective adoptive home before the suit is commenced,
919	912		an adoption evaluator shall file with the court a report containing
920	913		the evaluator's findings and conclusions made after completion of
921	914		the pre-placement portion of the adoption evaluation.
922	915		(c) In a suit filed after the date a child who is the subject
923	916		of the suit begins to reside in a prospective adoptive home, the
924	917		report required under this section and the post-placement adoption
925	918		evaluation report required under Section 107.160 may be combined in
926	919		a single report.
927	920		(d) The report required under this section must be filed
928	921		with the court before the court may sign the final order for
929	922		termination of the parent-child relationship. The report shall be
930	923		included in the record of the suit.
931	924		(e) A copy of the report prepared under this section must be
932	925		made available to the prospective adoptive parents before the court
933	926		renders a final order of adoption.
934	927		Sec. 107.160. REQUIREMENTS FOR POST-PLACEMENT PORTION OF
935	928		ADOPTION EVALUATION AND REPORT. (a) Unless otherwise agreed to by
936	929		the court, the post-placement part of an adoption evaluation must
937	930		comply with the minimum requirements for the post-placement part of
938	931		an adoption evaluation under rules adopted by the executive
939	932		commissioner of the Health and Human Services Commission.
940	933		(b) An adoption evaluator shall file with the court a report
941	934		containing the evaluator's findings and conclusions made after a
942	935		child who is the subject of the suit in which the evaluation is
943	936		ordered begins to reside in a prospective adoptive home.
944	937		(c) The report required under this section must be filed
945	938		with the court before the court renders a final order of adoption.
946	939		The report shall be included in the record of the suit.
947	940		(d) A copy of the report prepared under this section must be
948	941		made available to the prospective adoptive parents before the court
949	942		renders a final order of adoption.
950	943		Sec. 107.161. INTRODUCTION AND PROVISION OF ADOPTION
951	944		EVALUATION REPORT AND TESTIMONY RELATING TO ADOPTION EVALUATION.
952	945		(a) Disclosure to the jury of the contents of an adoption
953	946		evaluation report prepared under Section 107.159 or 107.160 is
954	947		subject to the rules of evidence.
955	948		(b) The court may compel the attendance of witnesses
956	949		necessary for the proper disposition of a suit, including a
957	950		representative of an agency that conducts an adoption evaluation,
958	951		who may be compelled to testify.
959	952		Sec. 107.162. ADOPTION EVALUATION FEE. If the court orders
960	953		an adoption evaluation to be conducted, the court shall award the
961	954		adoption evaluator a reasonable fee for the preparation of the
962	955		evaluation that shall be imposed in the form of a money judgment and
963	956		paid directly to the evaluator. The evaluator may enforce the
964	957		judgment for the fee by any means available under law for civil
965	958		judgments.
966	959		Sec. 107.163. ADOPTION EVALUATOR ACCESS TO INVESTIGATIVE
967	960		RECORDS OF DEPARTMENT; OFFENSE. (a) An adoption evaluator is
968	961		entitled to obtain from the department a complete, unredacted copy
969	962		of any investigative record regarding abuse or neglect that relates
970	963		to any person residing in the residence subject to the adoption
971	964		evaluation.
972	965		(b) Except as provided by this section, records obtained by
973	966		an adoption evaluator from the department under this section are
974	967		confidential and not subject to disclosure under Chapter 552,
975	968		Government Code, or to disclosure in response to a subpoena or a
976	969		discovery request.
977	970		(c) An adoption evaluator may disclose information obtained
978	971		under Subsection (a) in the adoption evaluation report prepared
979	972		under Section 107.159 or 107.160 only to the extent the evaluator
980	973		determines that the information is relevant to the adoption
981	974		evaluation or a recommendation made under this subchapter.
982	975		(d) A person commits an offense if the person recklessly
983	976		discloses confidential information obtained from the department in
984	977		violation of this section. An offense under this subsection is a
985	978		Class A misdemeanor.
986	979		SUBCHAPTER F. EVALUATIONS IN CONTESTED ADOPTIONS
987	980		Sec. 107.201. APPLICABILITY. This subchapter does not
988	981		apply to services provided in accordance with the Interstate
989	982		Compact on the Placement of Children adopted under Subchapter B,
990	983		Chapter 162, to an evaluation conducted in accordance with Section
991	984		262.114 by an employee of or contractor with the department, or to a
992	985		suit in which the Department of Family and Protective Services is a
993	986		party.
994	987		Sec. 107.202. ASSIGNMENT OF EVALUATIONS IN CONTESTED
995	988		ADOPTIONS. (a) In a suit in which the adoption of a child is being
996	989		contested, the court shall determine the nature of the questions
997	990		posed before appointing an evaluator to conduct either a child
998	991		custody evaluation or an adoption evaluation.
999	992		(b) If the court is attempting to determine whether
1000	993		termination of parental rights is in the best interest of a child
1001	994		who is the subject of the suit, the court shall order the evaluation
1002	995		as a child custody evaluation under Subchapter D and include
1003	996		termination as one of the specific issues to be addressed in the
1004	997		evaluation.
1005	998		(c) When appointing an evaluator to assess the issue of
1006	999		termination of parental rights, the court may, through written
1007	1000		order, modify the requirements of the child custody evaluation to
1008	1001		take into account the circumstances of the family to be assessed.
1009	1002		The court may also appoint the evaluator to concurrently address
1010	1003		the requirements for an adoption evaluation under Subchapter E if
1011	1004		the evaluator recommends that termination of parental rights is in
1012	1005		the best interest of the child who is the subject of the suit.
1013	1006		(d) If the court is attempting to determine whether the
1014	1007		parties seeking adoption would be suitable to adopt the child who is
1015	1008		the subject of the suit if the termination of parental rights is
1016	1009		granted, but the court is not attempting to determine whether such
1017	1010		termination of parental rights is in the child's best interest, the
1018	1011		court may order the evaluation as an adoption evaluation under
1019	1012		Subchapter E.
1020	1013		ARTICLE 2. TESTIMONY IN SUITS AFFECTING THE PARENT-CHILD
1021	1014		RELATIONSHIP
1022	1015		SECTION 2.01. Chapter 104, Family Code, is amended by
1023	1016		adding Section 104.008 to read as follows:
1024	1017		Sec. 104.008. CERTAIN TESTIMONY PROHIBITED. (a) A person
1025	1018		may not offer an expert opinion or recommendation relating to the
1026	1019		conservatorship of or possession of or access to a child at issue in
1027	1020		a suit unless the person has conducted a child custody evaluation
1028	1021		relating to the child under Subchapter D, Chapter 107.
1029	1022		(b) In a contested suit, a mental health professional may
1030	1023		provide other relevant information and opinions, other than those
1031	1024		prohibited by Subsection (a), relating to any party that the mental
1032	1025		health professional has personally evaluated.
1033	1026		(c) This section does not apply to a suit in which the
1034	1027		Department of Family and Protective Services is a party.
1035	1028		ARTICLE 3. CONFORMING AMENDMENTS RELATING TO CHILD CUSTODY
1036	1029		EVALUATIONS AND ADOPTION EVALUATIONS
1037	1030		SECTION 3.01. Section 153.605(d), Family Code, is amended
1038	1031		to read as follows:
1039	1032		(d) An individual appointed as a parenting coordinator may
1040	1033		not serve in any nonconfidential capacity in the same case,
1041	1034		including serving as an amicus attorney, guardian ad litem, child
1042	1035		custody [or social study] evaluator, or adoption evaluator under
1043	1036		Chapter 107, as a friend of the court under Chapter 202, or as a
1044	1037		parenting facilitator under this subchapter.
1045	1038		SECTION 3.02. Section 162.0025, Family Code, is amended to
1046	1039		read as follows:
1047	1040		Sec. 162.0025. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER.
1048	1041		In a suit for adoption, the fact that a petitioner is a member of the
1049	1042		armed forces of the United States, a member of the Texas National
1050	1043		Guard or the National Guard of another state, or a member of a
1051	1044		reserve component of the armed forces of the United States may not
1052	1045		be considered by the court, or any person performing an adoption
1053	1046		evaluation [a social study] or home screening, as a negative factor
1054	1047		in determining whether the adoption is in the best interest of the
1055	1048		child or whether the petitioner would be a suitable parent.
1056	1049		SECTION 3.03. Section 162.003, Family Code, is amended to
1057	1050		read as follows:
1058	1051		Sec. 162.003. ADOPTION EVALUATION [PRE-ADOPTIVE AND
1059	1052		POST-PLACEMENT SOCIAL STUDIES]. In a suit for adoption, an
1060	1053		adoption evaluation [pre-adoptive and post-placement social
1061	1054		studies] must be conducted as provided in Chapter 107.
1062	1055		SECTION 3.04. Section 162.0045, Family Code, is amended to
1063	1056		read as follows:
1064	1057		Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant
1065	1058		a motion for a preferential setting for a final hearing on an
1066	1059		adoption and shall give precedence to that hearing over all other
1067	1060		civil cases not given preference by other law if the adoption
1068	1061		evaluation [social study] has been filed and the criminal history
1069	1062		for the person seeking to adopt the child has been obtained.
1070	1063		SECTION 3.05. Section 203.004(a), Family Code, is amended
1071	1064		to read as follows:
1072	1065		(a) A domestic relations office may:
1073	1066		(1) collect and disburse child support payments that
1074	1067		are ordered by a court to be paid through a domestic relations
1075	1068		registry;
1076	1069		(2) maintain records of payments and disbursements
1077	1070		made under Subdivision (1);
1078	1071		(3) file a suit, including a suit to:
1079	1072		(A) establish paternity;
1080	1073		(B) enforce a court order for child support or
1081	1074		for possession of and access to a child; and
1082	1075		(C) modify or clarify an existing child support
1083	1076		order;
1084	1077		(4) provide an informal forum in which alternative
1085	1078		dispute resolution is used to resolve disputes under this code;
1086	1079		(5) prepare a court-ordered child custody evaluation
1087	1080		or adoption evaluation [social study] under Chapter 107;
1088	1081		(6) represent a child as an amicus attorney, an
1089	1082		attorney ad litem, or a guardian ad litem in a suit in which:
1090	1083		(A) termination of the parent-child relationship
1091	1084		is sought; or
1092	1085		(B) conservatorship of or access to a child is
1093	1086		contested;
1094	1087		(7) serve as a friend of the court;
1095	1088		(8) provide predivorce counseling ordered by a court;
1096	1089		(9) provide community supervision services under
1097	1090		Chapter 157;
1098	1091		(10) provide information to assist a party in
1099	1092		understanding, complying with, or enforcing the party's duties and
1100	1093		obligations under Subdivision (3);
1101	1094		(11) provide, directly or through a contract,
1102	1095		visitation services, including supervision of court-ordered
1103	1096		visitation, visitation exchange, or other similar services;
1104	1097		(12) issue an administrative writ of withholding under
1105	1098		Subchapter F, Chapter 158; and
1106	1099		(13) provide parenting coordinator services under
1107	1100		Chapter 153.
1108	1101		SECTION 3.06. Section 203.005(a), Family Code, is amended
1109	1102		to read as follows:
1110	1103		(a) The administering entity may authorize a domestic
1111	1104		relations office to assess and collect:
1112	1105		(1) an initial operations fee not to exceed $15 to be
1113	1106		paid to the domestic relations office on each filing of an original
1114	1107		suit, motion for modification, or motion for enforcement;
1115	1108		(2) in a county that has a child support enforcement
1116	1109		cooperative agreement with the Title IV-D agency, an initial child
1117	1110		support service fee not to exceed $36 to be paid to the domestic
1118	1111		relations office on the filing of an original suit;
1119	1112		(3) a reasonable application fee to be paid by an
1120	1113		applicant requesting services from the office;
1121	1114		(4) a reasonable attorney's fee and court costs
1122	1115		incurred or ordered by the court;
1123	1116		(5) a monthly service fee not to exceed $3 to be paid
1124	1117		annually in advance by a managing conservator and possessory
1125	1118		conservator for whom the domestic relations office provides child
1126	1119		support services;
1127	1120		(6) community supervision fees as provided by Chapter
1128	1121		157 if community supervision officers are employed by the domestic
1129	1122		relations office;
1130	1123		(7) a reasonable fee for preparation of a
1131	1124		court-ordered child custody evaluation or adoption evaluation
1132	1125		[social study];
1133	1126		(8) in a county that provides visitation services
1134	1127		under Sections 153.014 and 203.004 a reasonable fee to be paid to
1135	1128		the domestic relations office at the time the visitation services
1136	1129		are provided;
1137	1130		(9) a fee to reimburse the domestic relations office
1138	1131		for a fee required to be paid under Section 158.503(d) for filing an
1139	1132		administrative writ of withholding;
1140	1133		(10) a reasonable fee for parenting coordinator
1141	1134		services; and
1142	1135		(11) a reasonable fee for alternative dispute
1143	1136		resolution services.
1144	1137		SECTION 3.07. Sections 411.1285(a) and (c), Government
1145	1138		Code, are amended to read as follows:
1146	1139		(a) A domestic relations office created under Chapter 203,
1147	1140		Family Code, is entitled to obtain from the department criminal
1148	1141		history record information that relates to a person who is a party
1149	1142		to a proceeding in which the domestic relations office is providing
1150	1143		services permitted under Chapter 203, Family Code, or a person
1151	1144		involved in a child custody evaluation under Chapter 107, Family
1152	1145		Code, in which the domestic relations office has been appointed to
1153	1146		conduct the child custody evaluation.
1154	1147		(c) Criminal history record information requested under
1155	1148		this section, except for relevant [including] information included
1156	1149		in a report of a child custody evaluation or adoption evaluation
1157	1150		[social study] filed under Chapter 107 [Section 107.054], Family
1158	1151		Code, may not be released or disclosed by a domestic relations
1159	1152		office to a person other than the court ordering the child custody
1160	1153		evaluation or adoption evaluation [social study] except on court
1161	1154		order or with the consent of the person who is the subject of the
1162	1155		criminal history record information.
1163	1156		SECTION 3.08. Section 152.06331(f), Human Resources Code,
1164	1157		is amended to read as follows:
1165	1158		(f) Fees for the preparation of a court-ordered child
1166	1159		custody evaluation or adoption evaluation [social study] or any
1167	1160		other services provided by the domestic relations office, other
1168	1161		than services related to the collection of child support, must be
1169	1162		reasonable and imposed on a sliding scale according to the
1170	1163		financial resources of the parties using the services.
1171	1164		ARTICLE 4. REPEALERS
1172	1165		SECTION 4.01. Sections 107.0515, 107.0519, 107.052, and
1173	1166		107.053, Family Code, are repealed.
1174	1167		ARTICLE 5. TRANSITION AND EFFECTIVE DATE
1175	1168		SECTION 5.01. (a) Not later than March 1, 2016, the Texas
1176	1169		State Board of Examiners of Psychologists, the Texas State Board of
1177	1170		Examiners of Professional Counselors, the Texas State Board of
1178	1171		Social Worker Examiners, the Texas State Board of Examiners of
1179	1172		Marriage and Family Therapists, and the Texas Medical Board shall
1180	1173		adopt any rules necessary for license holders to comply with the
1181	1174		requirements of Subchapter D, Chapter 107, Family Code, as amended
1182	1175		by this Act, and Subchapters E and F, Chapter 107, Family Code, as
1183	1176		added by this Act, and specifying that a person licensed by any of
1184	1177		the boards is subject to the rules of the board that licensed the
1185	1178		person when appointed by a court to conduct a child custody
1186	1179		evaluation under Subchapter D, Chapter 107, Family Code, as amended
1187	1180		by this Act, or adoption evaluation under Subchapter E, Chapter
1188	1181		107, Family Code, as added by this Act. The rules adopted under this
1189	1182		subsection must:
1190	1183		(1) specify that any complaint relating to the outcome
1191	1184		of a child custody evaluation or adoption evaluation conducted by a
1192	1185		person licensed by any of the boards must be reported to the court
1193	1186		that ordered the evaluation; and
1194	1187		(2) require that license holders receive notice that
1195	1188		the disclosure of confidential information in violation of Section
1196	1189		107.111 or 107.163, Family Code, as added by this Act, is grounds
1197	1190		for disciplinary action.
1198	1191		(b) Subsection (a) of this section does not affect the
1199	1192		authority of a licensing agency that issues a license to a child
1200	1193		custody evaluator to enforce compliance with state law and
1201	1194		administrative rules applicable to the license holder.
1202	1195		(c) As soon as possible after the effective date of this
1203	1196		Act, the Texas State Board of Examiners of Psychologists, the Texas
1204	1197		State Board of Examiners of Professional Counselors, and the Texas
1205	1198		State Board of Examiners of Marriage and Family Therapists shall
1206	1199		adopt rules prohibiting a psychological associate, a licensed
1207	1200		specialist in school psychology, a provisionally licensed
1208	1201		psychologist, a licensed professional counselor intern, and a
1209	1202		licensed marriage and family therapist associate from conducting a
1210	1203		child custody evaluation under Subchapter D, Chapter 107, Family
1211	1204		Code, as amended by this Act, unless the person is otherwise
1212	1205		qualified to conduct the evaluation.
1213	1206		(d) As soon as possible after the effective date of this
1214	1207		Act, the executive commissioner of the Health and Human Services
1215	1208		Commission shall adopt rules prohibiting a licensed chemical
1216	1209		dependency counselor from conducting a child custody evaluation as
1217	1210		a child custody evaluator under Subchapter D, Chapter 107, Family
1218	1211		Code, as amended by this Act, unless the person is otherwise
1219	1212		qualified to conduct the evaluation or is appointed by a court to
1220	1213		conduct the evaluation under Section 107.106, Family Code, as added
1221	1214		by this Act.
1222	1215		(e) Not later than March 1, 2016, the executive commissioner
1223	1216		of the Health and Human Services Commission shall adopt any rules
1224	1217		necessary to implement Subchapter E, Chapter 107, Family Code, as
1225	1218		added by this Act. Subchapter E, Chapter 107, Family Code, as added
1226	1219		by this Act, applies to an adoption evaluation ordered by a court on
1227	1220		or after March 1, 2016, or the date the executive commissioner
1228	1221		adopts rules under this subsection, whichever date occurs first.
1229	1222		An adoption evaluation, pre-placement adoptive social study, or
1230	1223		post-placement adoptive social study ordered by a court before that
1231	1224		date is governed by the law in effect immediately before the
1232	1225		effective date of this Act, and the former law is continued in
1233	1226		effect for that purpose.
1234	1227		SECTION 5.02. (a) Notwithstanding any other law, a person
1235	1228		is qualified to conduct a child custody evaluation under Section
1236	1229		107.104, Family Code, as redesignated and amended by this Act, or an
1237	1230		adoption evaluation under Section 107.154, Family Code, as added by
1238	1231		this Act, without satisfying the supervision requirements of
1239	1232		Section 107.104(b)(1) or (2) if, on or before the effective date of
1240	1233		this Act, the person completes at least 10 social studies or other
1241	1234		child custody evaluations ordered by a court in suits affecting the
1242	1235		parent-child relationship.
1243	1236		(b) Notwithstanding any other law, a person who is qualified
1244	1237		to conduct a social study evaluation under former Section
1245	1238		107.0511(g), Family Code, is authorized to conduct a child custody
1246	1239		evaluation before September 1, 2017, without meeting the
1247	1240		requirements under Section 107.104, Family Code, as redesignated
1248	1241		and amended by this Act, and the former law is continued in effect
1249	1242		for that purpose.
1250	1243		(c) Notwithstanding Section 107.104(b)(1), Family Code, as
1251	1244		redesignated and amended by this Act, an individual who on or before
1252	1245		the effective date of this Act has completed at least 20 social
1253	1246		studies ordered by a court in suits affecting the parent-child
1254	1247		relationship and who holds a license to practice in this state as a
1255	1248		social worker, professional counselor, marriage and family
1256	1249		therapist, or psychologist is not required to comply with Section
1257	1250		107.104(b)(1), Family Code, as redesignated and amended by this
1258	1251		Act.
1259	1252		SECTION 5.03. The changes in law made by this Act apply to a
1260	1253		suit affecting the parent-child relationship that is filed on or
1261	1254		after March 1, 2016.
1262	1255		SECTION 5.04. This Act takes effect September 1, 2015.
1263		-	* * * * *
	1256	+	______________________________ ______________________________
	1257	+	President of the Senate Speaker of the House
	1258	+	I certify that H.B. No. 1449 was passed by the House on May 8,
	1259	+	2015, by the following vote: Yeas 120, Nays 19, 1 present, not
	1260	+	voting.
	1261	+	______________________________
	1262	+	Chief Clerk of the House
	1263	+	I certify that H.B. No. 1449 was passed by the Senate on May
	1264	+	26, 2015, by the following vote: Yeas 30, Nays 1.
	1265	+	______________________________
	1266	+	Secretary of the Senate
	1267	+	APPROVED: _____________________
	1268	+	Date
	1269	+	_____________________
	1270	+	Governor