Bill Text: TX HB4062 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to creating an audiovisual recording of an interview of a child by a child custody evaluator in certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB4062 Detail]
Download: Texas-2023-HB4062-Engrossed.html
Bill Title: Relating to creating an audiovisual recording of an interview of a child by a child custody evaluator in certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB4062 Detail]
Download: Texas-2023-HB4062-Engrossed.html
88R23821 AMF-D | ||
By: Harris of Anderson | H.B. No. 4062 |
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relating to creating an audiovisual recording of an interview of a | ||
child by a child custody evaluator in certain suits affecting the | ||
parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.112, Family Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) Subject to Subsection (b-1), notwithstanding | ||
[ |
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applicable to the professional license held by a child custody | ||
evaluator, a communication made by a participant in a child custody | ||
evaluation is subject to disclosure and may be offered in any | ||
judicial or administrative proceeding if otherwise admissible | ||
under the rules of evidence. | ||
(b-1) A child custody evaluator shall create an audiovisual | ||
recording of each interview the evaluator conducts with a child who | ||
is the subject of a suit seeking conservatorship of, possession of, | ||
or access to the child. A recording created under this subsection | ||
is confidential and may not be released after the completion of the | ||
suit in which the evaluator conducted the evaluation, except by | ||
court order for good cause shown. | ||
(d) Subject to Subsection (b-1) and except [ |
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records obtained from the department in accordance with Section | ||
107.111, records relating to a child custody evaluation conducted | ||
by an employee of or contractor with a domestic relations office | ||
shall, after completion of the evaluation and the preparation and | ||
filing of a child custody evaluation report under Section 107.113, | ||
be made available on written request according to the local rules | ||
and policies of the office. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an interview conducted by a child custody evaluator in a suit | ||
affecting the parent-child relationship on or after the effective | ||
date of this Act. An interview conducted before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
interview was conducted, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |