Texas 2017 - 85th Regular

Texas House Bill HB1501 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Harris (Senate Sponsor - Rodríguez) H.B. No. 1501
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 5, 2017, read first time and referred to Committee on State
4		-	Affairs; May 12, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 12, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1501
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to child custody evaluations; creating an offense.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. Section 107.009(a), Family Code, is amended to
14	8		read as follows:
15	9		(a) A guardian ad litem, an attorney ad litem, a child
16	10		custody evaluator, or an amicus attorney appointed under this
17	11		chapter is not liable for civil damages arising from an action
18	12		taken, a recommendation made, or an opinion given in the capacity of
19	13		guardian ad litem, attorney ad litem, child custody evaluator, or
20	14		amicus attorney.
21	15		SECTION 2. Sections 107.103(a) and (c), Family Code, as
22	16		redesignated and amended by Chapter 1252 (H.B. 1449), Acts of the
23	17		84th Legislature, Regular Session, 2015, are amended to read as
24	18		follows:
25	19		(a) The court, after notice and hearing or on agreement of
26	20		the parties, may order the preparation of a child custody
27	21		evaluation regarding:
28	22		(1) the circumstances and condition of:
29	23		(A) a child who is the subject of a suit;
30	24		(B) a party to a suit; and
31	25		(C) if appropriate, the residence of any person
32	26		requesting conservatorship of, possession of, or access to a child
33	27		who is the subject of the suit; and
34	28		(2) any issue or question relating to the suit at the
35	29		request of the court before or during the evaluation process.
36	30		(c) Except for an order appointing a child custody evaluator
37	31		who is qualified under Section 107.104(b)(3), an [An] order for a
38	32		child custody evaluation must include:
39	33		(1) the name of each person who will conduct the
40	34		evaluation;
41	35		(2) the purpose of the evaluation; [and]
42	36		(3) a list of the basic elements of an evaluation
43	37		required by Section 107.109(c);
44	38		(4) a list of any additional elements of an evaluation
45	39		required by the court to be completed, including any additional
46	40		elements specified in Section 107.109(d); and
47	41		(5) the specific issues or questions to be addressed
48	42		in the evaluation.
49	43		SECTION 3. Sections 107.109(a), (c), and (d), Family Code,
50	44		are amended to read as follows:
51	45		(a) A child custody evaluator may not offer an opinion
52	46		regarding conservatorship of a child who is the subject of a suit or
53	47		possession of or access to the child unless each basic element of a
54	48		child custody evaluation as specified in [described by] this
55	49		section and each additional element ordered by the court, if any,
56	50		has been completed, unless the failure to complete an element is
57	51		satisfactorily explained as provided by Subsection (b).
58	52		(c) The basic elements of a child custody evaluation under
59	53		this subchapter consist of:
60	54		(1) a personal interview of each party to the suit
61	55		seeking conservatorship of, possession of, or access to the child;
62	56		(2) interviews, conducted in a developmentally
63	57		appropriate manner, of each child who is the subject of the suit who
64	58		is at least four years of age[, regardless of the age of the child,]
65	59		during a period of possession of each party to the suit but outside
66	60		the presence of the party;
67	61		(3) observation of each child who is the subject of the
68	62		suit, regardless of the age of the child, in the presence of each
69	63		party to the suit, including, as appropriate, during supervised
70	64		visitation, unless contact between a party and a child is
71	65		prohibited by court order or the person conducting the evaluation
72	66		has good cause for not conducting the observation and states the
73	67		good cause in writing provided to the parties to the suit before the
74	68		completion of the evaluation;
75	69		(4) an observation and, if the child is at least four
76	70		years of age [old], an interview of any child who is not a subject of
77	71		the suit who lives on a full-time basis in a residence that is the
78	72		subject of the evaluation, including with other children or parties
79	73		who are subjects of the evaluation, where appropriate;
80	74		(5) the obtaining of information from relevant
81	75		collateral sources, including the review of:
82	76		(A) relevant school records;
83	77		(B) relevant physical and mental health records
84	78		of each party to the suit and each child who is the subject of the
85	79		suit;
86	80		(C) relevant records of the department obtained
87	81		under Section 107.111;
88	82		(D) criminal history information relating to
89	83		each child who is the subject of the suit, each party to the suit,
90	84		and each person who lives with a party to the suit; and
91	85		(E) notwithstanding other law, records or
92	86		information from any other collateral source that may have relevant
93	87		information;
94	88		(6) [evaluation of the home environment of each party
95	89		seeking conservatorship of a child who is the subject of the suit or
96	90		possession of or access to the child, unless the condition of the
97	91		home environment is identified as not being in dispute in the court
98	92		order requiring the child custody evaluation;
99	93		[(7)] for each individual residing in a residence
100	94		subject to the child custody evaluation, consideration of any
101	95		criminal history information and any contact with the department or
102	96		a law enforcement agency regarding abuse or neglect; and
103	97		(7) [(8)] assessment of the relationship between each
104	98		child who is the subject of the suit and each party seeking
105	99		possession of or access to the child.
106	100		(d) The court may order additional elements of a child
107	101		custody evaluation under this subchapter, including the following
108	102		[consist of]:
109	103		(1) balanced interviews and observations of each child
110	104		who is the subject of the suit so that a child who is interviewed or
111	105		observed while in the care of one party to the suit is also
112	106		interviewed or observed while in the care of each other party to the
113	107		suit;
114	108		(2) an interview of each individual, including a child
115	109		who is at least four years of age, residing on a full-time or
116	110		part-time basis in a residence subject to the child custody
117	111		evaluation;
118	112		(3) evaluation of the residence [home environment] of
119	113		each party seeking conservatorship of a child who is the subject of
120	114		the suit or possession of or access to the child [, regardless of
121	115		whether the home environment is in dispute];
122	116		(4) observation of a child who is the subject of the
123	117		suit with each adult who lives in a residence that is the subject of
124	118		the evaluation;
125	119		(5) an interview, if the child is at least four years
126	120		of age, and observation of a child who is not the subject of the suit
127	121		but who lives on a full-time or part-time basis in a residence that
128	122		is the subject of the evaluation;
129	123		(6) psychometric testing, if necessary, consistent
130	124		with Section 107.110; and
131	125		(7) the performance of other tasks requested of the
132	126		evaluator by the court, including:
133	127		(A) a joint interview of the parties to the suit;
134	128		or
135	129		(B) the review of any other information that the
136	130		court determines is relevant.
137	131		SECTION 4. Section 107.110(d), Family Code, is amended to
138	132		read as follows:
139	133		(d) If a child custody evaluator considers psychometric
140	134		testing necessary but lacks specialized training or expertise to
141	135		use the specific tests under this section, the evaluator may
142	136		designate a licensed psychologist to conduct the testing and may
143	137		request additional orders from the court.
144	138		SECTION 5. Section 107.1101(b), Family Code, is amended to
145	139		read as follows:
146	140		(b) If a child custody evaluator identifies the presence of
147	141		a potentially undiagnosed serious mental illness experienced by an
148	142		individual who is a subject of the child custody evaluation and the
149	143		evaluator is not qualified by the evaluator's licensure,
150	144		experience, and training to assess a serious mental illness, the
151	145		evaluator shall make one or more appropriate referrals for a mental
152	146		examination of the individual and may request additional orders
153	147		from the court.
154	148		SECTION 6. Subchapter D, Chapter 107, Family Code, is
155	149		amended by adding Section 107.1111 to read as follows:
156	150		Sec. 107.1111. CHILD CUSTODY EVALUATOR ACCESS TO OTHER
157	151		RECORDS. (a) Notwithstanding any other state law regarding
158	152		confidentiality, a child custody evaluator appointed by a court is
159	153		entitled to obtain records that relate to any person residing in a
160	154		residence subject to a child custody evaluation from:
161	155		(1) a local law enforcement authority;
162	156		(2) a criminal justice agency;
163	157		(3) a juvenile justice agency;
164	158		(4) a community supervision and corrections
165	159		department created under Chapter 76, Government Code; or
166	160		(5) any other governmental entity.
167	161		(b) Except as provided by this section, records obtained by
168	162		a child custody evaluator under this section are confidential and
169	163		not subject to disclosure under Chapter 552, Government Code, or to
170	164		disclosure in response to a subpoena or a discovery request.
171	165		(c) A child custody evaluator may disclose information
172	166		obtained under Subsection (a) in the child custody evaluation
173	167		report prepared under Section 107.113 only to the extent the
174	168		evaluator determines that the information is relevant to the child
175	169		custody evaluation or a recommendation made under this subchapter.
176	170		(d) A person commits an offense if the person recklessly
177	171		discloses confidential information obtained under Subsection (a)
178	172		in violation of this section. An offense under this subsection is
179	173		a Class A misdemeanor.
180	174		SECTION 7. Sections 107.113(a) and (b), Family Code, are
181	175		amended to read as follows:
182	176		(a) A child custody evaluator who conducts a child custody
183	177		evaluation shall prepare [and file] a report containing the
184	178		evaluator's findings, opinions, recommendations, and answers to
185	179		specific questions asked by the court relating to the evaluation.
186	180		(b) The person conducting a child custody evaluation shall
187	181		file with the court on a date set by the court notice that the report
188	182		under this section is complete. On the earlier of the date the
189	183		notice is filed or the date required under Section 107.114, the
190	184		person shall provide a copy of the report to:
191	185		(1) each party's attorney;
192	186		(2) each party who is not represented by an attorney;
193	187		and
194	188		(3) each attorney ad litem, guardian ad litem, and
195	189		amicus attorney appointed in the suit [a report containing the
196	190		person's findings and conclusions. The report shall be made a part
197	191		of the record of the suit].
198	192		SECTION 8. Section 107.114(a), Family Code, is amended to
199	193		read as follows:
200	194		(a) Disclosure to the court or the jury of the contents of a
201	195		child custody evaluation report prepared under Section 107.113 is
202	196		subject to the rules of evidence.
203	197		SECTION 9. Section 411.1285, Government Code, is amended to
204	198		read as follows:
205	199		Sec. 411.1285. ACCESS TO CRIMINAL HISTORY RECORD
206	200		INFORMATION: DOMESTIC RELATIONS OFFICE AND CHILD CUSTODY
207	201		EVALUATOR. (a) A domestic relations office created under Chapter
208	202		203, Family Code, is entitled to obtain from the department
209	203		criminal history record information that relates to a person who is
210	204		a party to a proceeding in which the domestic relations office is
211	205		providing services permitted under Chapter 203, Family Code.
212	206		(a-1) A domestic relations office created under Chapter
213	207		203, Family Code, or a child custody evaluator appointed under
214	208		Chapter 107, Family Code, is entitled to obtain from the department
215	209		criminal history record information that relates to [, or] a person
216	210		involved in a child custody evaluation under Chapter 107, Family
217	211		Code, in which the domestic relations office or child custody
218	212		evaluator has been appointed to conduct the child custody
219	213		evaluation.
220	214		(b) The department shall provide the domestic relations
221	215		office or the child custody evaluator with criminal history record
222	216		information not later than the 10th day after the date on which the
223	217		criminal history record information is requested.
224	218		(c) Criminal history record information requested under
225	219		this section, except for relevant information included in a report
226	220		of a child custody evaluation or adoption evaluation filed under
227	221		Chapter 107, Family Code, may not be released or disclosed by a
228	222		domestic relations office or a child custody evaluator to a person
229	223		other than the court ordering the child custody evaluation or
230	224		adoption evaluation except on court order or with the consent of the
231	225		person who is the subject of the criminal history record
232	226		information.
233	227		SECTION 10. The changes in law made by this Act apply only
234	228		to a suit affecting the parent-child relationship that is filed on
235	229		or after the effective date of this Act. A suit affecting the
236	230		parent-child relationship filed before the effective date of this
237	231		Act is governed by the law in effect on the date the application is
238	232		filed, and the former law is continued in effect for that purpose.
239	233		SECTION 11. This Act takes effect September 1, 2017.
240		-	* * * * *
	234	+	______________________________ ______________________________
	235	+	President of the Senate Speaker of the House
	236	+	I certify that H.B. No. 1501 was passed by the House on May 4,
	237	+	2017, by the following vote: Yeas 139, Nays 4, 2 present, not
	238	+	voting.
	239	+	______________________________
	240	+	Chief Clerk of the House
	241	+	I certify that H.B. No. 1501 was passed by the Senate on May
	242	+	17, 2017, by the following vote: Yeas 29, Nays 1.
	243	+	______________________________
	244	+	Secretary of the Senate
	245	+	APPROVED: _____________________
	246	+	Date
	247	+	_____________________
	248	+	Governor