85R17588 MM-F
By: Thompson of Harris H.B. No. 1501
A BILL TO BE ENTITLED
AN ACT
relating to child custody evaluations; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.009(a), Family Code, is amended to
read as follows:
(a) A guardian ad litem, an attorney ad litem, a child
custody evaluator, or an amicus attorney appointed under this
chapter is not liable for civil damages arising from an action
taken, a recommendation made, or an opinion given in the capacity of
guardian ad litem, attorney ad litem, child custody evaluator, or
amicus attorney.
SECTION 2. Sections 107.103(a) and (c), Family Code, as
redesignated and amended by Chapter 1252 (H.B. 1449), Acts of the
84th Legislature, Regular Session, 2015, are amended to read as
follows:
(a) The court, after notice and hearing or on agreement of
the parties, may order the preparation of a child custody
evaluation regarding:
(1) the circumstances and condition of:
(A) a child who is the subject of a suit;
(B) a party to a suit; and
(C) if appropriate, the residence of any person
requesting conservatorship of, possession of, or access to a child
who is the subject of the suit; and
(2) any issue or question relating to the suit at the
request of the court before or during the evaluation process.
(c) Except for an order appointing a child custody evaluator
who is qualified under Section 107.104(b)(3), an [An] order for a
child custody evaluation must include:
(1) the name of each person who will conduct the
evaluation;
(2) the purpose of the evaluation; [and]
(3) a list of the basic elements of an evaluation
required by Section 107.109(c);
(4) a list of any additional elements of an evaluation
required by the court to be completed, including any additional
elements specified in Section 107.109(d); and
(5) the specific issues or questions to be addressed
in the evaluation.
SECTION 3. Sections 107.109(a), (c), and (d), Family Code,
are amended to read as follows:
(a) A child custody evaluator may not offer an opinion
regarding conservatorship of a child who is the subject of a suit or
possession of or access to the child unless each basic element of a
child custody evaluation as specified in [described by] this
section and each additional element ordered by the court, if any,
has been completed, unless the failure to complete an element is
satisfactorily explained as provided by Subsection (b).
(c) The basic elements of a child custody evaluation under
this subchapter consist of:
(1) a personal interview of each party to the suit
seeking conservatorship of, possession of, or access to the child;
(2) interviews, conducted in a developmentally
appropriate manner, of each child who is the subject of the suit who
is at least four years of age[, regardless of the age of the child,]
during a period of possession of each party to the suit but outside
the presence of the party;
(3) observation of each child who is the subject of the
suit, regardless of the age of the child, in the presence of each
party to the suit, including, as appropriate, during supervised
visitation, unless contact between a party and a child is
prohibited by court order or the person conducting the evaluation
has good cause for not conducting the observation and states the
good cause in writing provided to the parties to the suit before the
completion of the evaluation;
(4) an observation and, if the child is at least four
years of age [old], an interview of any child who is not a subject of
the suit who lives on a full-time basis in a residence that is the
subject of the evaluation, including with other children or parties
who are subjects of the evaluation, where appropriate;
(5) the obtaining of information from relevant
collateral sources, including the review of:
(A) relevant school records;
(B) relevant physical and mental health records
of each party to the suit and each child who is the subject of the
suit;
(C) relevant records of the department obtained
under Section 107.111;
(D) criminal history information relating to
each child who is the subject of the suit, each party to the suit,
and each person who lives with a party to the suit; and
(E) notwithstanding other law, records or
information from any other collateral source that may have relevant
information;
(6) [evaluation of the home environment of each party
seeking conservatorship of a child who is the subject of the suit or
possession of or access to the child, unless the condition of the
home environment is identified as not being in dispute in the court
order requiring the child custody evaluation;
[(7)] for each individual residing in a residence
subject to the child custody evaluation, consideration of any
criminal history information and any contact with the department or
a law enforcement agency regarding abuse or neglect; and
(7) [(8)] assessment of the relationship between each
child who is the subject of the suit and each party seeking
possession of or access to the child.
(d) The court may order additional elements of a child
custody evaluation under this subchapter, including the following
[consist of]:
(1) balanced interviews and observations of each child
who is the subject of the suit so that a child who is interviewed or
observed while in the care of one party to the suit is also
interviewed or observed while in the care of each other party to the
suit;
(2) an interview of each individual, including a child
who is at least four years of age, residing on a full-time or
part-time basis in a residence subject to the child custody
evaluation;
(3) evaluation of the residence [home environment] of
each party seeking conservatorship of a child who is the subject of
the suit or possession of or access to the child [, regardless of
whether the home environment is in dispute];
(4) observation of a child who is the subject of the
suit with each adult who lives in a residence that is the subject of
the evaluation;
(5) an interview, if the child is at least four years
of age, and observation of a child who is not the subject of the suit
but who lives on a full-time or part-time basis in a residence that
is the subject of the evaluation;
(6) psychometric testing, if necessary, consistent
with Section 107.110; and
(7) the performance of other tasks requested of the
evaluator by the court, including:
(A) a joint interview of the parties to the suit;
or
(B) the review of any other information that the
court determines is relevant.
SECTION 4. Section 107.110(d), Family Code, is amended to
read as follows:
(d) If a child custody evaluator considers psychometric
testing necessary but lacks specialized training or expertise to
use the specific tests under this section, the evaluator may
designate a licensed psychologist to conduct the testing and may
request additional orders from the court.
SECTION 5. Section 107.1101(b), Family Code, is amended to
read as follows:
(b) If a child custody evaluator identifies the presence of
a potentially undiagnosed serious mental illness experienced by an
individual who is a subject of the child custody evaluation and the
evaluator is not qualified by the evaluator's licensure,
experience, and training to assess a serious mental illness, the
evaluator shall make one or more appropriate referrals for a mental
examination of the individual and may request additional orders
from the court.
SECTION 6. Subchapter D, Chapter 107, Family Code, is
amended by adding Section 107.1111 to read as follows:
Sec. 107.1111. CHILD CUSTODY EVALUATOR ACCESS TO OTHER
RECORDS. (a) Notwithstanding any other state law regarding
confidentiality, a child custody evaluator appointed by a court is
entitled to obtain records that relate to any person residing in a
residence subject to a child custody evaluation from:
(1) a local law enforcement authority;
(2) a criminal justice agency;
(3) a juvenile justice agency;
(4) a community supervision and corrections
department created under Chapter 76, Government Code; or
(5) any other governmental entity.
(b) Except as provided by this section, records obtained by
a child custody evaluator under this section are confidential and
not subject to disclosure under Chapter 552, Government Code, or to
disclosure in response to a subpoena or a discovery request.
(c) A child custody evaluator may disclose information
obtained under Subsection (a) in the child custody evaluation
report prepared under Section 107.113 only to the extent the
evaluator determines that the information is relevant to the child
custody evaluation or a recommendation made under this subchapter.
(d) A person commits an offense if the person recklessly
discloses confidential information obtained under Subsection (a)
in violation of this section. An offense under this subsection is
a Class A misdemeanor.
SECTION 7. Sections 107.113(a) and (b), Family Code, are
amended to read as follows:
(a) A child custody evaluator who conducts a child custody
evaluation shall prepare [and file] a report containing the
evaluator's findings, opinions, recommendations, and answers to
specific questions asked by the court relating to the evaluation.
(b) The person conducting a child custody evaluation shall
file with the court on a date set by the court notice that the report
under this section is complete. On the earlier of the date the
notice is filed or the date required under Section 107.114, the
person shall provide a copy of the report to:
(1) each party's attorney;
(2) each party who is not represented by an attorney;
and
(3) each attorney ad litem, guardian ad litem, and
amicus attorney appointed in the suit [a report containing the
person's findings and conclusions. The report shall be made a part
of the record of the suit].
SECTION 8. Section 107.114(a), Family Code, is amended to
read as follows:
(a) Disclosure to the court or the jury of the contents of a
child custody evaluation report prepared under Section 107.113 is
subject to the rules of evidence.
SECTION 9. Section 411.1285, Government Code, is amended to
read as follows:
Sec. 411.1285. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DOMESTIC RELATIONS OFFICE AND CHILD CUSTODY
EVALUATOR. (a) A domestic relations office created under Chapter
203, Family Code, is entitled to obtain from the department
criminal history record information that relates to a person who is
a party to a proceeding in which the domestic relations office is
providing services permitted under Chapter 203, Family Code.
(a-1) A domestic relations office created under Chapter
203, Family Code, or a child custody evaluator appointed under
Chapter 107, Family Code, is entitled to obtain from the department
criminal history record information that relates to [, or] a person
involved in a child custody evaluation under Chapter 107, Family
Code, in which the domestic relations office or child custody
evaluator has been appointed to conduct the child custody
evaluation.
(b) The department shall provide the domestic relations
office or the child custody evaluator with criminal history record
information not later than the 10th day after the date on which the
criminal history record information is requested.
(c) Criminal history record information requested under
this section, except for relevant information included in a report
of a child custody evaluation or adoption evaluation filed under
Chapter 107, Family Code, may not be released or disclosed by a
domestic relations office or a child custody evaluator to a person
other than the court ordering the child custody evaluation or
adoption evaluation except on court order or with the consent of the
person who is the subject of the criminal history record
information.
SECTION 10. The changes in law made by this Act apply only
to a suit affecting the parent-child relationship that is filed on
or after the effective date of this Act. A suit affecting the
parent-child relationship filed before the effective date of this
Act is governed by the law in effect on the date the application is
filed, and the former law is continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2017.