Texas 2015 - 84th Regular

Texas Senate Bill SB820 Compare Versions

Version 1 (Old)

Version 2 (New)

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