Bill Text: TX HB4062 | 2023-2024 | 88th Legislature | Enrolled
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-Enrolled.html
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 4062 was passed by the House on May 6, | ||
| 2023, by the following vote: Yeas 133, Nays 1, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4062 was passed by the Senate on May | ||
| 24, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
