Bill Text: TX SB1236 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to child custody evaluations; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-13 - Referred to State Affairs [SB1236 Detail]
Download: Texas-2017-SB1236-Introduced.html
85R2142 MM-F | ||
By: Rodríguez | S.B. No. 1236 |
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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) 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; [ |
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(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 [ |
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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[ |
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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 [ |
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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 available 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) records or information from any other | ||
collateral source that may have relevant information; | ||
(6) evaluation of the residence [ |
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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 residence [ |
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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 | ||
(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 | ||
[ |
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(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 [ |
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each party seeking conservatorship of a child who is the subject of | ||
the suit or possession of or access to the child [ |
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(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. Section 107.114(a), Family Code, is amended to | ||
read as follows: | ||
(a) The [ |
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custody evaluation report prepared under Section 107.113 are [ |
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subject to the rules of evidence. | ||
SECTION 8. 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 [ |
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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 9. Section 107.113(b), Family Code, is repealed. | ||
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. |