By: Thompson of Harris	H.B. No. 1449
	(Senate Sponsor - Rodríguez)
	(In the Senate - Received from the House May 11, 2015;
	May 11, 2015, read first time and referred to Committee on State
	Affairs; May 21, 2015, reported favorably by the following vote:
	Yeas 9, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to child custody evaluations and adoption evaluations
	conducted and testimony provided in certain suits affecting the
	parent-child relationship; providing penalties; creating an
	offense; authorizing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CHILD CUSTODY EVALUATION AND ADOPTION EVALUATION
	SECTION 1.01.  The heading to Chapter 107, Family Code, is
	amended to read as follows:
	CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND
	ADOPTION EVALUATIONS [SOCIAL STUDIES]
	SECTION 1.02.  The heading to Subchapter D, Chapter 107,
	Family Code, is amended to read as follows:
	SUBCHAPTER D. CHILD CUSTODY EVALUATION [SOCIAL STUDY]
	SECTION 1.03.  Section 107.0501, Family Code, is
	redesignated as Section 107.101, Family Code, and amended to read
	as follows:
	Sec. 107.101 [107.0501].  DEFINITIONS. In this subchapter:
	(1)  "Child custody evaluation" ["Social study"] means
	an evaluative process ordered by a court in a contested case through
	which information, opinions, [and] recommendations, and answers to
	specific questions asked by the court may be:
	(A)  made regarding:
	(i)  [adoption of a child,] conservatorship
	of a child, including the terms and conditions of conservatorship;
	(ii)  [or] possession of or access to a
	child, including the terms and conditions of possession or access;
	or
	(iii)  any other issue affecting the best
	interest of a child; and
	(B)  [may be] made to the [a] court, the parties to
	the suit, [and] the parties' attorneys, and any other person
	appointed under this chapter by the court in the suit. [The term
	does not include services provided in accordance with the
	Interstate Compact on the Placement of Children adopted under
	Subchapter B, Chapter 162, or an evaluation conducted in accordance
	with Section 262.114 by an employee of or contractor with the
	Department of Family and Protective Services.]
	(2)  "Child custody ["Social study] evaluator" means an
	individual who conducts a child custody evaluation [social study]
	under this subchapter. The term includes a private child custody
	evaluator.
	(3)  "Department" means the Department of Family and
	Protective Services.
	(4)  "Person" includes an agency or a domestic
	relations office.
	(5)  "Private child custody evaluator" means a person
	conducting a child custody evaluation who is not conducting the
	evaluation as an employee of or contractor with a domestic
	relations office.
	(6)  "Supervision" means directing, regularly
	reviewing, and meeting with a person with respect to the completion
	of work for which the supervisor is responsible for the outcome.
	The term does not require the constant physical presence of the
	person providing supervision and may include telephonic or other
	electronic communication.
	SECTION 1.04.  Subchapter D, Chapter 107, Family Code, is
	amended by adding Sections 107.102 and 107.1025 to read as follows:
	Sec. 107.102.  APPLICABILITY. (a) For purposes of this
	subchapter, a child custody evaluation does not include services
	provided in accordance with the Interstate Compact on the Placement
	of Children adopted under Subchapter B, Chapter 162, or an
	evaluation conducted in accordance with Section 262.114 by an
	employee of or contractor with the department.
	(b)  The department may not conduct a child custody
	evaluation.
	(c)  Except as provided by Subsections (a) and (b), this
	subchapter does not apply to the department or to a suit to which
	the department is a party.
	Sec. 107.1025.  EFFECT OF MENTAL EXAMINATION. A mental
	examination described by Rule 204.4, Texas Rules of Civil
	Procedure, does not by itself satisfy the requirements for a child
	custody evaluation under this subchapter. A mental examination may
	be included in the report required under this subchapter and relied
	on by the child custody evaluator to the extent the evaluator
	considers appropriate under the circumstances.
	SECTION 1.05.  Section 107.051, Family Code, is redesignated
	as Section 107.103, Family Code, and amended to read as follows:
	Sec. 107.103 [107.051].  ORDER FOR CHILD CUSTODY EVALUATION
	[SOCIAL STUDY]. (a) The court, after notice and hearing or on
	agreement of the parties, may order the preparation of a child
	custody evaluation regarding:
	(1)  [social study into] the circumstances and
	condition of:
	(A) [(1)]  a child who is the subject of a suit;
	(B)  [or] a party to a suit; and
	(C) [(2)]  the residence [home] 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.
	(b)  The court may not appoint a child custody evaluator in a
	suit involving a nonparent seeking conservatorship of a child
	unless, after notice and hearing or on agreement of the parties, the
	court makes a specific finding that good cause has been shown for
	the appointment of a child custody evaluator [social study may be
	made by a private entity, a person appointed by the court, a
	domestic relations office, or a state agency, including the
	Department of Family and Protective Services if the department is a
	party to the suit].
	(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; and
	(3)  the specific issues or questions to be addressed
	in the evaluation [In a suit in which adoption is requested or
	conservatorship of, possession of, or access to a child is an issue
	and in which a social study has been ordered and the Department of
	Family and Protective Services is not a party, the court shall
	appoint a private agency, another person, or a domestic relations
	office to conduct the social study].
	(d)  Except as provided by Section 107.106 [107.0511(b)],
	each individual who conducts a child custody evaluation [social
	study] must be qualified under Section 107.104 [107.0511].
	SECTION 1.06.  Section 107.0511, Family Code, is
	redesignated as Section 107.104, Family Code, and amended to read
	as follows:
	Sec. 107.104 [107.0511].  CHILD CUSTODY [SOCIAL STUDY]
	EVALUATOR: MINIMUM QUALIFICATIONS. (a) In this section:
	(1)  "Full-time experience" means a period during which
	an individual works at least 30 hours per week.
	(2)  "Human services field of study" means a field of
	study designed to prepare an individual in the disciplined
	application of counseling, family therapy, psychology, or social
	work values, principles, and methods.
	(b)  [The minimum qualifications prescribed by this section
	do not apply to an individual conducting a social study:
	[(1)     in connection with a suit pending before a court
	located in a county with a population of less than 500,000;
	[(2)     in connection with an adoption governed by rules
	adopted under Section 107.0519(a);
	[(3)     as an employee or other authorized representative
	of a licensed child-placing agency; or
	[(4)     as an employee or other authorized representative
	of the Department of Family and Protective Services.
	[(c)     The executive commissioner of the Health and Human
	Services Commission shall adopt rules prescribing the minimum
	qualifications that an individual described by Subsection (b)(3) or
	(4) must possess in order to conduct a social study under this
	subchapter.
	[(d)] To be qualified to conduct a child custody evaluation
	[social study under this subchapter], an individual must:
	(1)  have at least a master's [bachelor's] degree from
	an accredited college or university in a human services field of
	study and a license to practice in this state as a social worker,
	professional counselor, marriage and family therapist, or
	psychologist, or have a license to practice medicine in this state
	and a board certification in psychiatry and:
	(A)  after completing any degree required by this
	subdivision, have two years of full-time experience or equivalent
	part-time experience under professional supervision during which
	the individual performed functions involving the evaluation of
	physical, intellectual, social, and psychological functioning and
	needs and developed an understanding [the potential] of the social
	and physical environment, both present and prospective, to meet
	those needs; and
	(B)  after obtaining a license required by this
	subdivision, have performed [participated in the performance of] at
	least 10 court-ordered child custody evaluations [social studies]
	under the supervision of an individual qualified under this
	section;
	(2)  meet the requirements of Subdivision (1)(A) and be
	practicing under the direct supervision of an individual qualified
	under this section in order to complete at least 10 court-ordered
	child custody evaluations [social studies] under supervision; or
	(3)  be employed by or under contract with a domestic
	relations office, provided that the individual conducts child
	custody evaluations [social studies] relating only to families
	ordered by a court to participate in child custody evaluations
	[social studies] conducted by the domestic relations office.
	(c)  Notwithstanding Subsections (b)(1) and (2), an
	individual with a doctoral degree and who holds a license in a human
	services field of study is qualified to conduct a child custody
	evaluation if the individual has completed a number of hours of
	professional development coursework and practice experience
	directly related to the performance of child custody evaluations as
	described by this chapter, satisfactory to the licensing agency
	that issues the individual's license.
	(d)  The licensing agency that issues a license to an
	individual described by Subsection (c) may determine by rule that
	internships, practicums, and other professional preparatory
	activities completed by the individual during the course of
	achieving the person's doctoral degree satisfy the requirements of
	Subsection (c) in whole or in part.
	(e)  [If an individual meeting the requirements of this
	section is not available in the county served by the court, the
	court may authorize an individual determined by the court to be
	otherwise qualified to conduct the social study.
	[(f)]  In addition to the qualifications prescribed by this
	section, an individual must complete at least eight hours of family
	violence dynamics training provided by a family violence service
	provider to be qualified to conduct a child custody evaluation
	[social study] under this subchapter.
	[(g)     The minimum qualifications prescribed by this section
	do not apply to an individual who, before September 1, 2007:
	[(1)     lived in a county that has a population of 500,000
	or more and is adjacent to two or more counties each of which has a
	population of 50,000 or more;
	[(2)     received a four-year degree from an accredited
	institution of higher education;
	[(3)     worked as a child protective services
	investigator for the Department of Family and Protective Services
	for at least four years;
	[(4)     worked as a community supervision and corrections
	department officer; and
	[(5)     conducted at least 100 social studies in the
	previous five years.
	[(h)     A person described by Subsection (g) who performs a
	social study must:
	[(1)     complete at least eight hours of family violence
	dynamics training provided by a family violence service provider;
	and
	[(2)     participate annually in at least 15 hours of
	continuing education for child custody evaluators that meets the
	Model Standards of Practice for Child Custody Evaluation adopted by
	the Association of Family and Conciliation Courts as those
	standards existed May 1, 2009, or a later version of those standards
	if adopted by rule of the executive commissioner of the Health and
	Human Services Commission.
	[(i)     Subsections (g) and (h) and this subsection expire
	September 1, 2017.]
	SECTION 1.07.  Subchapter D, Chapter 107, Family Code, is
	amended by adding Sections 107.105 and 107.106 to read as follows:
	Sec. 107.105.  CHILD CUSTODY EVALUATION:  SPECIALIZED
	TRAINING REQUIRED. (a) The court shall determine whether the
	qualifications of a child custody evaluator satisfy the
	requirements of this subchapter.
	(b)  A child custody evaluator must demonstrate, if
	requested, appropriate knowledge and competence in child custody
	evaluation services consistent with professional models,
	standards, and guidelines.
	Sec. 107.106.  EXCEPTION TO QUALIFICATIONS REQUIRED TO
	CONDUCT CHILD CUSTODY EVALUATION. (a)  In a county with a
	population of less than 500,000, if a court finds that an individual
	who meets the requirements of Section 107.104 is not available in
	the county to conduct a child custody evaluation in a timely manner,
	the court, after notice and hearing or on agreement of the parties,
	may appoint an individual the court determines to be otherwise
	qualified to conduct the evaluation.
	(b)  An individual appointed under this section shall comply
	with all provisions of this subchapter, other than Section 107.104.
	SECTION 1.08.  Section 107.0512, Family Code, is
	redesignated as Section 107.107, Family Code, and amended to read
	as follows:
	Sec. 107.107 [107.0512].  CHILD CUSTODY [SOCIAL STUDY]
	EVALUATOR:  CONFLICTS OF INTEREST AND BIAS. (a) Before accepting
	appointment as a child custody [A social study] evaluator in a suit,
	a person must disclose to the court, each attorney for a party to
	the suit, any attorney for a child who is the subject of the suit,
	and any party to the suit who does not have an attorney:
	(1)  any [who has a] conflict of interest that the
	person believes the person has with any party to the [in a disputed]
	suit or a child who is the subject of the suit;
	(2)  any [who may be biased on the basis of] previous
	knowledge that the person has of a party to the suit or a child who
	is the subject of the suit, other than knowledge obtained in a
	court-ordered evaluation;
	(3)  any pecuniary relationship that the person
	believes the person has with an attorney in the suit;
	(4)  any relationship of confidence or trust that the
	person believes the person has with an attorney in the suit; and
	(5)  any other information relating to the person's
	relationship with an attorney in the suit that a reasonable,
	prudent person would believe would affect the ability of the person
	to act impartially in conducting a child custody evaluation[,
	shall:
	[(1)  decline to conduct a social study for the suit; or
	[(2)     disclose any issue or concern to the court before
	accepting the appointment or assignment].
	(b)  The court may not appoint a person as a child custody
	evaluator in a suit if the person makes any of the disclosures in
	Subsection (a) unless:
	(1)  the court finds that:
	(A)  the person has no conflict of interest with a
	party to the suit or a child who is the subject of the suit;
	(B)  the person's previous knowledge of a party to
	the suit or a child who is the subject of the suit is not relevant;
	(C)  the person does not have a pecuniary
	relationship with an attorney in the suit; and
	(D)  the person does not have a relationship of
	trust or confidence with an attorney in the suit; or
	(2)  the parties and any attorney for a child who is the
	subject of the suit agree in writing to the person's appointment as
	the child custody evaluator.
	(c)  After being appointed as a child custody evaluator in a
	suit, a person shall immediately disclose to the court, each
	attorney for a party to the suit, any attorney for a child who is the
	subject of the suit, and any party to the suit who does not have an
	attorney any discovery of:
	(1)  a conflict of interest that the person believes
	the person has with a party to the suit or a child who is the subject
	of the suit; and
	(2)  previous knowledge that the person has of a party
	to the suit or a child who is the subject of the suit, other than
	knowledge obtained in a court-ordered evaluation.
	(d)  A person shall resign from the person's appointment as a
	child custody evaluator in a suit if the person makes any of the
	disclosures in Subsection (c) unless:
	(1)  the court finds that:
	(A)  the person has no conflict of interest with a
	party to the suit or a child who is the subject of the suit; and
	(B)  the person's previous knowledge of a party to
	the suit or a child who is the subject of the suit is not relevant;
	or
	(2)  the parties and any attorney for a child who is the
	subject of the suit agree in writing to the person's continued
	appointment as the child custody evaluator.
	(e)  A child custody [social study] evaluator who has
	previously conducted a child custody evaluation [social study] for
	a suit may conduct all subsequent evaluations in the suit unless the
	court finds that the evaluator is biased.
	(f)  An individual may not be appointed as a child custody
	evaluator in a suit if the individual has worked in a professional
	capacity with a party to the suit, a child who is the subject of the
	suit, or a member of the party's or child's family who is involved in
	the suit. This subsection does not apply to an individual who has
	worked in a professional capacity with a party, a child, or a member
	of the party's or child's family only as a teacher of parenting
	skills in a group setting, with no individualized interaction with
	any party, the child, any party's family, or the child's family, or
	as a child custody evaluator who performed a previous evaluation. A
	child custody evaluator who has worked as a teacher of parenting
	skills in a group setting that included a party, a child, or another
	person who will be the subject of an evaluation or has worked as a
	child custody evaluator for a previous evaluation must notify the
	court and the attorney of each represented party or, if a party is
	not represented, the evaluator must notify the party. For purposes
	of this subsection, "family" has the meaning assigned by Section
	71.003.
	[(c)     This section does not prohibit a court from appointing
	an employee of the Department of Family and Protective Services to
	conduct a social study in a suit in which adoption is requested or
	possession of or access to a child is an issue and in which the
	department is a party or has an interest.]
	SECTION 1.09.  Section 107.0513, Family Code, is
	redesignated as Section 107.108, Family Code, and amended to read
	as follows:
	Sec. 107.108 [107.0513].  GENERAL PROVISIONS APPLICABLE TO
	CONDUCT OF CHILD CUSTODY EVALUATION [SOCIAL STUDY] AND PREPARATION
	OF REPORT. (a) Unless otherwise directed by a court or prescribed
	by a provision of this title, a child custody [social study]
	evaluator's actions in conducting a child custody evaluation must
	[social study shall] be in conformance with the professional
	standard of care applicable to the evaluator's licensure and any
	administrative rules, ethical standards, or guidelines adopted by
	the licensing authority [state agency] that licenses the evaluator.
	(b)  A [In addition to the requirements prescribed by this
	subchapter, a] court may impose requirements or adopt local rules
	applicable to a child custody evaluation [social study] or a child
	custody [social study] evaluator that do not conflict with this
	subchapter.
	(c)  A child custody [social study] evaluator shall follow
	evidence-based practice methods and make use of current best
	evidence in making assessments and recommendations.
	(d)  A child custody [social study] evaluator shall disclose
	to each attorney of record any communication regarding a
	substantive issue between the evaluator and an attorney of record
	representing a party in a contested [disputed] suit. This
	subsection does not apply to a communication between a child
	custody [social study] evaluator and an attorney ad litem or amicus
	attorney.
	(e)  To the extent possible, a child custody [social study]
	evaluator shall verify each statement of fact pertinent to a child
	custody evaluation [social study] and shall note the sources of
	verification and information in the child custody evaluation report
	prepared under Section 107.113.
	(f)  A child custody [social study] evaluator shall state the
	basis for the evaluator's conclusions or recommendations, and the
	extent to which information obtained limits the reliability and
	validity of the opinion and the conclusions and recommendations of
	the evaluator, in the child custody evaluation report prepared
	under Section 107.113. A child custody [social study] evaluator
	who has evaluated only one side of a contested suit [disputed case]
	shall refrain from making a recommendation regarding
	conservatorship of a child or possession of or access to a child,
	but may state whether any information obtained regarding a child's
	placement with a party indicates concerns for:
	(1)  the safety of the child;
	(2)  the party's parenting skills or capability;
	(3)  the party's relationship with the child; or
	(4)  the mental health of the party [the party
	evaluated appears to be suitable for conservatorship].
	(g)  A child custody evaluation [Each social study subject to
	this subchapter] must be conducted in compliance with this
	subchapter, regardless of whether the child custody evaluation
	[study] is conducted:
	(1)  by a single child custody [social study] evaluator
	or multiple evaluators working separately or together; or
	(2)  within a county served by the court with
	continuing jurisdiction or at a geographically distant location.
	(h)  A child custody evaluation [social study] report must
	include for each child custody evaluator who conducted any portion
	of the child custody evaluation:
	(1)  the name and[,] license number of the child
	custody evaluator;[,] and
	(2)  a statement that the child custody evaluator:
	(A)  has read and meets the requirements of [basis
	for qualification under] Section 107.104; or
	(B)  was appointed under Section 107.106
	[107.0511 of each social study evaluator who conducted any portion
	of the social study].
	SECTION 1.10.  Section 107.0514, Family Code, is
	redesignated as Section 107.109, Family Code, and amended to read
	as follows:
	Sec. 107.109 [107.0514].  ELEMENTS OF CHILD CUSTODY
	EVALUATION [SOCIAL STUDY]. (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 described by
	this section has been completed.
	(b)  A child custody evaluator shall:
	(1)  identify in the report required by Section 107.113
	any basic element or any additional element of a child custody
	evaluation described by this section that was not completed;
	(2)  explain the reasons the element was not completed;
	and
	(3)  include an explanation of the likely effect of the
	missing element on the confidence the child custody evaluator has
	in the evaluator's expert opinion.
	(c)  The basic elements of a child custody evaluation [social
	study] under this subchapter consist of:
	(1)  a personal interview of each party to the suit;
	(2)  interviews [an interview], conducted in a
	developmentally appropriate manner, of each child who is the
	subject of [at issue in] the suit, 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 [who is at least four years of
	age];
	(3)  observation of each child who is the subject of [at
	issue in] 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 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)  any other collateral source that may have
	relevant information;
	(6) [(5)]  evaluation of the home environment of each
	party seeking conservatorship of a child who is the subject of [at
	issue in] 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
	[social study];
	(7) [(6)]  for each individual residing in a residence
	subject to the child custody evaluation [social study],
	consideration of any criminal history information and any contact
	with the department [Department of Family and Protective Services]
	or a law enforcement agency regarding abuse or neglect; and
	(8) [(7)]  assessment of the relationship between each
	child who is the subject of [at issue in] the suit and each party
	seeking possession of or access to the child.
	(d) [(b)]  The additional elements of a child custody
	evaluation [social study] under this subchapter consist of:
	(1)  balanced interviews and observations
	[observation] of each child who is the subject of [at issue in] 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 [social study]; [and]
	(3)  evaluation of the home environment of each party
	seeking conservatorship of a child who is the subject of [at issue
	in] 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.
	[(c)     A social study evaluator may not offer an opinion
	regarding conservatorship of a child at issue in a suit or
	possession of or access to the child unless each basic element of a
	social study under Subsection (a) has been completed. A social
	study evaluator shall identify in the report any additional element
	of a social study under Subsection (b) that was not completed and
	shall explain the reasons that the element was not completed.]
	SECTION 1.11.  Subchapter D, Chapter 107, Family Code, is
	amended by adding Section 107.110 to read as follows:
	Sec. 107.110.  PSYCHOMETRIC TESTING. (a) A child custody
	evaluator may conduct psychometric testing as part of a child
	custody evaluation if:
	(1)  ordered by the court or determined necessary by
	the child custody evaluator; and
	(2)  the child custody evaluator is:
	(A)  appropriately licensed and trained to
	administer and interpret the specific psychometric tests selected;
	and
	(B)  trained in the specialized forensic
	application of psychometric testing.
	(b)  Selection of a specific psychometric test is at the
	professional discretion of the child custody evaluator based on the
	specific issues raised in the suit.
	(c)  A child custody evaluator may only use psychometric
	tests if the evaluator is familiar with the reliability,
	validation, and related standardization or outcome studies of, and
	proper applications and use of, the tests within a forensic
	setting.
	(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.
	SECTION 1.12.  Subchapter D, Chapter 107, Family Code, is
	amended by adding Section 107.1101 to read as follows:
	Sec. 107.1101.  EFFECT OF POTENTIALLY UNDIAGNOSED SERIOUS
	MENTAL ILLNESS. (a) In this section, "serious mental illness" has
	the meaning assigned by Section 1355.001, Insurance Code.
	(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.
	(c)  The child custody evaluation report must include any
	information that the evaluator considers appropriate under the
	circumstances regarding the possible effects of an individual's
	potentially undiagnosed serious mental illness on the evaluation
	and the evaluator's recommendations.
	SECTION 1.13.  Section 107.05145, Family Code, is
	redesignated as Section 107.111, Family Code, and amended to read
	as follows:
	Sec. 107.111 [107.05145].  CHILD CUSTODY [SOCIAL STUDY]
	EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT [OF FAMILY
	AND PROTECTIVE SERVICES]; OFFENSE. (a) A child custody [social
	study] evaluator appointed by a court is entitled to obtain from the
	department [Department of Family and Protective Services] a
	complete, unredacted copy of any investigative record regarding
	abuse or neglect that relates to any person residing in the
	residence subject to the child custody evaluation [social study].
	(b)  Except as provided by this section, records obtained by
	a child custody [social study] evaluator from the department
	[Department of Family and Protective Services] 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 [social study] evaluator may disclose
	information obtained under Subsection (a) in the child custody
	evaluation [social study] report prepared under Section 107.113
	only to the extent the evaluator determines that the information is
	relevant to the child custody evaluation [social study] or a
	recommendation made under this subchapter.
	(d)  A person commits an offense if the person recklessly
	discloses confidential information obtained from the department
	[Department of Family and Protective Services] in violation of this
	section. An offense under this subsection is a Class A misdemeanor.
	SECTION 1.14.  Subchapter D, Chapter 107, Family Code, is
	amended by adding Section 107.112 to read as follows:
	Sec. 107.112.  COMMUNICATIONS AND RECORDKEEPING OF CHILD
	CUSTODY EVALUATOR. (a) Notwithstanding any rule, standard of
	care, or privilege 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)  A child custody evaluator shall:
	(1)  keep a detailed record of interviews that the
	evaluator conducts, observations that the evaluator makes, and
	substantive interactions that the evaluator has as part of a child
	custody evaluation; and
	(2)  maintain the evaluator's records consistent with
	applicable laws, including rules applicable to the evaluator's
	license.
	(c)  Except for records obtained from the department in
	accordance with Section 107.111, a private child custody evaluator
	shall, after completion of an evaluation and the preparation and
	filing of a child custody evaluation report under Section 107.113,
	make available in a reasonable time the evaluator's records
	relating to the evaluation on the written request of an attorney for
	a party, a party who does not have an attorney, and any person
	appointed under this chapter in the suit in which the evaluator
	conducted the evaluation, unless a court has issued an order
	restricting disclosure of the records.
	(d)  Except for 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.
	(e)  A person maintaining records subject to disclosure
	under this section may charge a reasonable fee for producing the
	records before copying the records.
	(f)  A private child custody evaluator shall retain all
	records relating to a child custody evaluation conducted by the
	evaluator until the ending date of the retention period adopted by
	the licensing authority that issues the professional license held
	by the evaluator based on the date the evaluator filed the child
	custody evaluation report prepared under this section with the
	court.
	(g)  A domestic relations office shall retain records
	relating to a child custody evaluation conducted by a child custody
	evaluator acting as an employee of or contractor with the office for
	the retention period established by the office.
	(h)  A person who participates in a child custody evaluation
	is not a patient as that term is defined by Section 611.001(1),
	Health and Safety Code.
	SECTION 1.15.  Section 107.054, Family Code, is redesignated
	as Section 107.113, Family Code, and amended to read as follows:
	Sec. 107.113 [107.054].  CHILD CUSTODY EVALUATION REPORT
	REQUIRED [FILED WITH COURT]. (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 [agency or] person conducting a child custody
	evaluation [making the social study] shall file with the court on a
	date set by the court a report containing the person's [its]
	findings and conclusions. The report shall be made a part of the
	record of the suit.
	(c)  If the suit is settled before completion of the child
	custody evaluation report, the report under this section is not
	required.
	(d)  A report prepared under this section must include the
	information required by Section 107.108(h) for each child custody
	evaluator who conducted any portion of the evaluation.
	SECTION 1.16.  Section 107.055, Family Code, is redesignated
	as Section 107.114, Family Code, and amended to read as follows:
	Sec. 107.114 [107.055].  INTRODUCTION AND PROVISION OF
	CHILD CUSTODY EVALUATION REPORT [AT TRIAL]. (a) Disclosure to the
	jury of the contents of a child custody evaluation report prepared
	under Section 107.113 [to the court of a social study] is subject to
	the rules of evidence.
	(b)  Unless the court has rendered an order restricting
	disclosure, a private child custody evaluator shall provide to the
	attorneys of the parties to a suit, any party who does not have an
	attorney, and any other person appointed by the court under this
	chapter in a suit a copy [In a contested case, the agency or person
	making the social study shall furnish copies] of the child custody
	evaluation report [to the attorneys for the parties] before the
	earlier of:
	(1)  the third [seventh] day after the date the child
	custody evaluation report [social study] is completed; or
	(2)  the 30th [fifth] day before the date of
	commencement of the trial.
	(c)  A child custody evaluator who conducts a child custody
	evaluation as an employee of or under contract with a domestic
	relations office shall provide to the attorneys of the parties to a
	suit and any person appointed in the suit under this chapter a copy
	of the child custody evaluation report before the earlier of:
	(1)  the seventh day after the date the child custody
	evaluation report is completed; or
	(2)  the fifth day before the date the trial commences.
	(d)  A child custody evaluator who conducts a child custody
	evaluation as an employee of or under contract with a domestic
	relations office shall provide a copy of the report to a party to
	the suit as provided by the local rules and policies of the office
	or by a court order  [The court may compel the attendance of
	witnesses necessary for the proper disposition of the suit,
	including a representative of the agency making the social study,
	who may be compelled to testify].
	SECTION 1.17.  Section 107.056, Family Code, is redesignated
	as Section 107.115, Family Code, and amended to read as follows:
	Sec. 107.115 [107.056].  CHILD CUSTODY EVALUATION
	[PREPARATION] FEE. If the court orders a child custody evaluation
	[social study] to be conducted, the court shall award the [agency or
	other] person appointed as the child custody evaluator a reasonable
	fee for the preparation of the child custody evaluation [study]
	that shall be imposed in the form of a money judgment and paid
	directly to the [agency or other] person. The person [or agency]
	may enforce the judgment for the fee by any means available under
	law for civil judgments.
	SECTION 1.18.  Chapter 107, Family Code, is amended by
	adding Subchapters E and F to read as follows:
	SUBCHAPTER E. ADOPTION EVALUATION
	Sec. 107.151.  DEFINITIONS. In this subchapter:
	(1)  "Adoption evaluation" means a pre-placement or
	post-placement evaluative process through which information and
	recommendations regarding adoption of a child may be made to the
	court, the parties, and the parties' attorneys.
	(2)  "Adoption evaluator" means a person who conducts
	an adoption evaluation under this subchapter.
	(3)  "Department" means the Department of Family and
	Protective Services.
	(4)  "Supervision" means directing, regularly
	reviewing, and meeting with a person with respect to the completion
	of work for which the supervisor is responsible for the outcome.
	The term does not require the constant physical presence of the
	person providing supervision and may include telephonic or other
	electronic communication.
	Sec. 107.152.  APPLICABILITY. (a) For purposes of this
	subchapter, an adoption evaluation does not include services
	provided in accordance with the Interstate Compact on the Placement
	of Children adopted under Subchapter B, Chapter 162, or an
	evaluation conducted in accordance with Section 262.114 by an
	employee of or contractor with the department.
	(b)  This subchapter does not apply to the pre-placement and
	post-placement parts of an adoption evaluation conducted by a
	licensed child-placing agency or the department.
	(c)  The pre-placement and post-placement parts of an
	adoption evaluation conducted by a licensed child-placing agency or
	the department are governed by rules adopted by the executive
	commissioner of the Health and Human Services Commission.
	(d)  In a suit involving a licensed child-placing agency or
	the department, a licensed child-placing agency or the department
	shall conduct the pre-placement and post-placement parts of the
	adoption evaluation and file reports on those parts with the court
	before the court renders a final order of adoption.
	(e)  A court may appoint the department to conduct the
	pre-placement and post-placement parts of an adoption evaluation in
	a suit only if the department is:
	(1)  a party to the suit; or
	(2)  the managing conservator of the child who is the
	subject of the suit.
	Sec. 107.153.  ORDER FOR ADOPTION EVALUATION. (a) The court
	shall order the performance of an adoption evaluation to evaluate
	each party who requests termination of the parent-child
	relationship or an adoption in a suit for:
	(1)  termination of the parent-child relationship in
	which a person other than a parent may be appointed managing
	conservator of a child; or
	(2)  an adoption.
	(b)  The adoption evaluation required under Subsection (a)
	must include an evaluation of the circumstances and the condition
	of the home and social environment of any person requesting to adopt
	a child who is at issue in the suit.
	(c)  The court may appoint a qualified individual, a
	qualified private entity, or a domestic relations office to conduct
	the adoption evaluation.
	(d)  Except as provided by Section 107.155, a person who
	conducts an adoption evaluation must meet the requirements of
	Section 107.154.
	(e)  The costs of an adoption evaluation under this section
	shall be paid by the prospective adoptive parent.
	Sec. 107.154.  ADOPTION EVALUATOR: MINIMUM QUALIFICATIONS.
	(a) In this section:
	(1)  "Full-time experience" means a period during which
	a person works at least 30 hours per week.
	(2)  "Human services field of study" means a field of
	study designed to prepare a person in the disciplined application
	of counseling, family therapy, psychology, or social work values,
	principles, and methods.
	(b)  To be qualified to conduct an adoption evaluation under
	this subchapter, a person must:
	(1)  have a degree from an accredited college or
	university in a human services field of study and a license to
	practice in this state as a social worker, professional counselor,
	marriage and family therapist, or psychologist and:
	(A)  have one year of full-time experience working
	at a child-placing agency conducting child-placing activities; or
	(B)  be practicing under the direct supervision of
	a person qualified under this section to conduct adoption
	evaluations;
	(2)  be employed by a domestic relations office,
	provided that the person conducts adoption evaluations relating
	only to families ordered to participate in adoption evaluations
	conducted by the domestic relations office; or
	(3)  be qualified as a child custody evaluator under
	Section 107.104.
	(c)  In addition to the other qualifications prescribed by
	this section, an individual must complete at least eight hours of
	family violence dynamics training provided by a family violence
	service provider to be qualified to conduct an adoption evaluation
	under this subchapter.
	Sec. 107.155.  EXCEPTION TO QUALIFICATIONS REQUIRED TO
	CONDUCT ADOPTION EVALUATION. (a)  In a county with a population of
	less than 500,000, if a court finds that an individual who meets the
	requirements of Section 107.154 is not available in the county to
	conduct an adoption evaluation in a timely manner, the court, after
	notice and hearing or on agreement of the parties, may appoint a
	person the court determines to be otherwise qualified to conduct
	the evaluation.
	(b)  An individual appointed under this section shall comply
	with all provisions of this subchapter, other than Section 107.154.
	Sec. 107.156.  ADOPTION EVALUATOR: CONFLICTS OF INTEREST AND
	BIAS. (a) Before accepting appointment as an adoption evaluator in
	a suit, a person must disclose to the court, each attorney for a
	party to the suit, any attorney for a child who is the subject of the
	suit, and any party to the suit who does not have an attorney:
	(1)  any conflict of interest that the person believes
	the person has with a party to the suit or a child who is the subject
	of the suit;
	(2)  any previous knowledge that the person has of a
	party to the suit or a child who is the subject of the suit;
	(3)  any pecuniary relationship that the person
	believes the person has with an attorney in the suit;
	(4)  any relationship of confidence or trust that the
	person believes the person has with an attorney in the suit; and
	(5)  any other information relating to the person's
	relationship with an attorney in the suit that a reasonable,
	prudent person would believe would affect the ability of the person
	to act impartially in conducting an adoption evaluation.
	(b)  The court may not appoint a person as an adoption
	evaluator in a suit if the person makes any of the disclosures in
	Subsection (a) unless:
	(1)  the court finds that:
	(A)  the person has no conflict of interest with a
	party to the suit or a child who is the subject of the suit;
	(B)  the person's previous knowledge of a party to
	the suit or a child who is the subject of the suit is not relevant;
	(C)  the person does not have a pecuniary
	relationship with an attorney in the suit; and
	(D)  the person does not have a relationship of
	trust or confidence with an attorney in the suit; or
	(2)  the parties and any attorney for a child who is the
	subject of the suit agree in writing to the person's appointment as
	the adoption evaluator.
	(c)  After being appointed as an adoption evaluator in a
	suit, a person shall immediately disclose to the court, each
	attorney for a party to the suit, any attorney for a child who is the
	subject of the suit, and any party to the suit who does not have an
	attorney any discovery of:
	(1)  a conflict of interest that the person believes
	the person has with a party to the suit or a child who is the subject
	of the suit; and
	(2)  previous knowledge that the person has of a party
	to the suit or a child who is the subject of the suit, other than
	knowledge obtained in a court-ordered evaluation.
	(d)  A person shall resign from the person's appointment as
	an adoption evaluator in a suit if the person makes any of the
	disclosures in Subsection (c) unless:
	(1)  the court finds that:
	(A)  the person has no conflict of interest with a
	party to the suit or a child who is the subject of the suit; and
	(B)  the person's previous knowledge of a party to
	the suit or a child who is the subject of the suit is not relevant;
	or
	(2)  the parties and any attorney for a child who is the
	subject of the suit agree in writing to the person's continued
	appointment as the adoption evaluator.
	(e)  An individual may not be appointed as an adoption
	evaluator in a suit if the individual has worked in a professional
	capacity with a party to the suit, a child who is the subject of the
	suit, or a member of the party's or child's family who is involved in
	the suit. This subsection does not apply to an individual who has
	worked in a professional capacity with a party, a child, or a member
	of the party's or child's family only as a teacher of parenting
	skills in a group setting, with no individualized interaction with
	any party, the child, any party's family, or the child's family, or
	as a child custody evaluator or adoption evaluator who performed a
	previous evaluation. For purposes of this subsection, "family" has
	the meaning assigned by Section 71.003.
	Sec. 107.157.  REPORTING CERTAIN PLACEMENTS FOR ADOPTION.
	An adoption evaluator shall report to the department any adoptive
	placement that appears to have been made by someone other than a
	licensed child-placing agency or a child's parent or managing
	conservator.
	Sec. 107.158.  GENERAL PROVISIONS APPLICABLE TO CONDUCT OF
	ADOPTION EVALUATOR AND PREPARATION OF REPORTS. (a) Unless
	otherwise directed by a court or prescribed by this subchapter, an
	adoption evaluator's actions in conducting an adoption evaluation
	must be in conformance with the professional standard of care
	applicable to the evaluator's licensure and any administrative
	rules, ethical standards, or guidelines adopted by the licensing
	authority that licenses the evaluator.
	(b)  A court may impose requirements or adopt local rules
	applicable to an adoption evaluation or an adoption evaluator that
	do not conflict with this subchapter.
	(c)  An adoption evaluator shall follow evidence-based
	practice methods and make use of current best evidence in making
	assessments and recommendations.
	(d)  An adoption evaluator shall disclose to each attorney of
	record any communication regarding a substantive issue between the
	evaluator and an attorney of record representing a party in a
	contested suit. This subsection does not apply to a communication
	between an adoption evaluator and an amicus attorney.
	(e)  To the extent possible, an adoption evaluator shall
	verify each statement of fact pertinent to an adoption evaluation
	and shall note the sources of verification and information in any
	report prepared on the evaluation.
	(f)  An adoption evaluator shall state the basis for the
	evaluator's conclusions or recommendations in any report prepared
	on the evaluation.
	(g)  An adoption evaluation report must include for each
	adoption evaluator who conducted any portion of the adoption
	evaluation:
	(1)  the name and license number of the adoption
	evaluator; and
	(2)  a statement that the adoption evaluator:
	(A)  has read and meets the requirements of
	Section 107.154; or
	(B)  was appointed under Section 107.155.
	Sec. 107.159.  REQUIREMENTS FOR PRE-PLACEMENT PORTION OF
	ADOPTION EVALUATION AND REPORT.  (a)  Unless otherwise agreed to by
	the court, the pre-placement part of an adoption evaluation must
	comply with the minimum requirements for the pre-placement part of
	an adoption evaluation under rules adopted by the executive
	commissioner of the Health and Human Services Commission.
	(b)  Unless a child who is the subject of the suit begins to
	reside in a prospective adoptive home before the suit is commenced,
	an adoption evaluator shall file with the court a report containing
	the evaluator's findings and conclusions made after completion of
	the pre-placement portion of the adoption evaluation.
	(c)  In a suit filed after the date a child who is the subject
	of the suit begins to reside in a prospective adoptive home, the
	report required under this section and the post-placement adoption
	evaluation report required under Section 107.160 may be combined in
	a single report.
	(d)  The report required under this section must be filed
	with the court before the court may sign the final order for
	termination of the parent-child relationship. The report shall be
	included in the record of the suit.
	(e)  A copy of the report prepared under this section must be
	made available to the prospective adoptive parents before the court
	renders a final order of adoption.
	Sec. 107.160.  REQUIREMENTS FOR POST-PLACEMENT PORTION OF
	ADOPTION EVALUATION AND REPORT.  (a)  Unless otherwise agreed to by
	the court, the post-placement part of an adoption evaluation must
	comply with the minimum requirements for the post-placement part of
	an adoption evaluation under rules adopted by the executive
	commissioner of the Health and Human Services Commission.
	(b)  An adoption evaluator shall file with the court a report
	containing the evaluator's findings and conclusions made after a
	child who is the subject of the suit in which the evaluation is
	ordered begins to reside in a prospective adoptive home.
	(c)  The report required under this section must be filed
	with the court before the court renders a final order of adoption.
	The report shall be included in the record of the suit.
	(d)  A copy of the report prepared under this section must be
	made available to the prospective adoptive parents before the court
	renders a final order of adoption.
	Sec. 107.161.  INTRODUCTION AND PROVISION OF ADOPTION
	EVALUATION REPORT AND TESTIMONY RELATING TO ADOPTION EVALUATION.
	(a) Disclosure to the jury of the contents of an adoption
	evaluation report prepared under Section 107.159 or 107.160 is
	subject to the rules of evidence.
	(b)  The court may compel the attendance of witnesses
	necessary for the proper disposition of a suit, including a
	representative of an agency that conducts an adoption evaluation,
	who may be compelled to testify.
	Sec. 107.162.  ADOPTION EVALUATION FEE. If the court orders
	an adoption evaluation to be conducted, the court shall award the
	adoption evaluator a reasonable fee for the preparation of the
	evaluation that shall be imposed in the form of a money judgment and
	paid directly to the evaluator. The evaluator may enforce the
	judgment for the fee by any means available under law for civil
	judgments.
	Sec. 107.163.  ADOPTION EVALUATOR ACCESS TO INVESTIGATIVE
	RECORDS OF DEPARTMENT; OFFENSE. (a)  An adoption evaluator is
	entitled to obtain from the department a complete, unredacted copy
	of any investigative record regarding abuse or neglect that relates
	to any person residing in the residence subject to the adoption
	evaluation.
	(b)  Except as provided by this section, records obtained by
	an adoption evaluator from the department 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)  An adoption evaluator may disclose information obtained
	under Subsection (a) in the adoption evaluation report prepared
	under Section 107.159 or 107.160 only to the extent the evaluator
	determines that the information is relevant to the adoption
	evaluation or a recommendation made under this subchapter.
	(d)  A person commits an offense if the person recklessly
	discloses confidential information obtained from the department in
	violation of this section. An offense under this subsection is a
	Class A misdemeanor.
	SUBCHAPTER F. EVALUATIONS IN CONTESTED ADOPTIONS
	Sec. 107.201.  APPLICABILITY. This subchapter does not
	apply to services provided in accordance with the Interstate
	Compact on the Placement of Children adopted under Subchapter B,
	Chapter 162, to an evaluation conducted in accordance with Section
	262.114 by an employee of or contractor with the department, or to a
	suit in which the Department of Family and Protective Services is a
	party.
	Sec. 107.202.  ASSIGNMENT OF EVALUATIONS IN CONTESTED
	ADOPTIONS. (a) In a suit in which the adoption of a child is being
	contested, the court shall determine the nature of the questions
	posed before appointing an evaluator to conduct either a child
	custody evaluation or an adoption evaluation.
	(b)  If the court is attempting to determine whether
	termination of parental rights is in the best interest of a child
	who is the subject of the suit, the court shall order the evaluation
	as a child custody evaluation under Subchapter D and include
	termination as one of the specific issues to be addressed in the
	evaluation.
	(c)  When appointing an evaluator to assess the issue of
	termination of parental rights, the court may, through written
	order, modify the requirements of the child custody evaluation to
	take into account the circumstances of the family to be assessed.
	The court may also appoint the evaluator to concurrently address
	the requirements for an adoption evaluation under Subchapter E if
	the evaluator recommends that termination of parental rights is in
	the best interest of the child who is the subject of the suit.
	(d)  If the court is attempting to determine whether the
	parties seeking adoption would be suitable to adopt the child who is
	the subject of the suit if the termination of parental rights is
	granted, but the court is not attempting to determine whether such
	termination of parental rights is in the child's best interest, the
	court may order the evaluation as an adoption evaluation under
	Subchapter E.
	ARTICLE 2. TESTIMONY IN SUITS AFFECTING THE PARENT-CHILD
	RELATIONSHIP
	SECTION 2.01.  Chapter 104, Family Code, is amended by
	adding Section 104.008 to read as follows:
	Sec. 104.008.  CERTAIN TESTIMONY PROHIBITED. (a) A person
	may not offer an expert opinion or recommendation relating to the
	conservatorship of or possession of or access to a child at issue in
	a suit unless the person has conducted a child custody evaluation
	relating to the child under Subchapter D, Chapter 107.
	(b)  In a contested suit, a mental health professional may
	provide other relevant information and opinions, other than those
	prohibited by Subsection (a), relating to any party that the mental
	health professional has personally evaluated.
	(c)  This section does not apply to a suit in which the
	Department of Family and Protective Services is a party.
	ARTICLE 3. CONFORMING AMENDMENTS RELATING TO CHILD CUSTODY
	EVALUATIONS AND ADOPTION EVALUATIONS
	SECTION 3.01.  Section 153.605(d), Family Code, is amended
	to read as follows:
	(d)  An individual appointed as a parenting coordinator may
	not serve in any nonconfidential capacity in the same case,
	including serving as an amicus attorney, guardian ad litem, child
	custody [or social study] evaluator, or adoption evaluator under
	Chapter 107, as a friend of the court under Chapter 202, or as a
	parenting facilitator under this subchapter.
	SECTION 3.02.  Section 162.0025, Family Code, is amended to
	read as follows:
	Sec. 162.0025.  ADOPTION SOUGHT BY MILITARY SERVICE MEMBER.
	In a suit for adoption, the fact that a petitioner is a member of the
	armed forces of the United States, a member of the Texas National
	Guard or the National Guard of another state, or a member of a
	reserve component of the armed forces of the United States may not
	be considered by the court, or any person performing an adoption
	evaluation [a social study] or home screening, as a negative factor
	in determining whether the adoption is in the best interest of the
	child or whether the petitioner would be a suitable parent.
	SECTION 3.03.  Section 162.003, Family Code, is amended to
	read as follows:
	Sec. 162.003.  ADOPTION EVALUATION [PRE-ADOPTIVE AND
	POST-PLACEMENT SOCIAL STUDIES]. In a suit for adoption, an
	adoption evaluation [pre-adoptive and post-placement social
	studies] must be conducted as provided in Chapter 107.
	SECTION 3.04.  Section 162.0045, Family Code, is amended to
	read as follows:
	Sec. 162.0045.  PREFERENTIAL SETTING. The court shall grant
	a motion for a preferential setting for a final hearing on an
	adoption and shall give precedence to that hearing over all other
	civil cases not given preference by other law if the adoption
	evaluation [social study] has been filed and the criminal history
	for the person seeking to adopt the child has been obtained.
	SECTION 3.05.  Section 203.004(a), Family Code, is amended
	to read as follows:
	(a)  A domestic relations office may:
	(1)  collect and disburse child support payments that
	are ordered by a court to be paid through a domestic relations
	registry;
	(2)  maintain records of payments and disbursements
	made under Subdivision (1);
	(3)  file a suit, including a suit to:
	(A)  establish paternity;
	(B)  enforce a court order for child support or
	for possession of and access to a child; and
	(C)  modify or clarify an existing child support
	order;
	(4)  provide an informal forum in which alternative
	dispute resolution is used to resolve disputes under this code;
	(5)  prepare a court-ordered child custody evaluation
	or adoption evaluation [social study] under Chapter 107;
	(6)  represent a child as an amicus attorney, an
	attorney ad litem, or a guardian ad litem in a suit in which:
	(A)  termination of the parent-child relationship
	is sought; or
	(B)  conservatorship of or access to a child is
	contested;
	(7)  serve as a friend of the court;
	(8)  provide predivorce counseling ordered by a court;
	(9)  provide community supervision services under
	Chapter 157;
	(10)  provide information to assist a party in
	understanding, complying with, or enforcing the party's duties and
	obligations under Subdivision (3);
	(11)  provide, directly or through a contract,
	visitation services, including supervision of court-ordered
	visitation, visitation exchange, or other similar services;
	(12)  issue an administrative writ of withholding under
	Subchapter F, Chapter 158; and
	(13)  provide parenting coordinator services under
	Chapter 153.
	SECTION 3.06.  Section 203.005(a), Family Code, is amended
	to read as follows:
	(a)  The administering entity may authorize a domestic
	relations office to assess and collect:
	(1)  an initial operations fee not to exceed $15 to be
	paid to the domestic relations office on each filing of an original
	suit, motion for modification, or motion for enforcement;
	(2)  in a county that has a child support enforcement
	cooperative agreement with the Title IV-D agency, an initial child
	support service fee not to exceed $36 to be paid to the domestic
	relations office on the filing of an original suit;
	(3)  a reasonable application fee to be paid by an
	applicant requesting services from the office;
	(4)  a reasonable attorney's fee and court costs
	incurred or ordered by the court;
	(5)  a monthly service fee not to exceed $3 to be paid
	annually in advance by a managing conservator and possessory
	conservator for whom the domestic relations office provides child
	support services;
	(6)  community supervision fees as provided by Chapter
	157 if community supervision officers are employed by the domestic
	relations office;
	(7)  a reasonable fee for preparation of a
	court-ordered child custody evaluation or adoption evaluation
	[social study];
	(8)  in a county that provides visitation services
	under Sections 153.014 and 203.004 a reasonable fee to be paid to
	the domestic relations office at the time the visitation services
	are provided;
	(9)  a fee to reimburse the domestic relations office
	for a fee required to be paid under Section 158.503(d) for filing an
	administrative writ of withholding;
	(10)  a reasonable fee for parenting coordinator
	services; and
	(11)  a reasonable fee for alternative dispute
	resolution services.
	SECTION 3.07.  Sections 411.1285(a) and (c), Government
	Code, are amended to read as follows:
	(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, or a person
	involved in a child custody evaluation under Chapter 107, Family
	Code, in which the domestic relations office has been appointed to
	conduct the child custody evaluation.
	(c)  Criminal history record information requested under
	this section, except for relevant [including] information included
	in a report of a child custody evaluation or adoption evaluation
	[social study] filed under Chapter 107 [Section 107.054], Family
	Code, may not be released or disclosed by a domestic relations
	office to a person other than the court ordering the child custody
	evaluation or adoption evaluation [social study] except on court
	order or with the consent of the person who is the subject of the
	criminal history record information.
	SECTION 3.08.  Section 152.06331(f), Human Resources Code,
	is amended to read as follows:
	(f)  Fees for the preparation of a court-ordered child
	custody evaluation or adoption evaluation [social study] or any
	other services provided by the domestic relations office, other
	than services related to the collection of child support, must be
	reasonable and imposed on a sliding scale according to the
	financial resources of the parties using the services.
	ARTICLE 4. REPEALERS
	SECTION 4.01.  Sections 107.0515, 107.0519, 107.052, and
	107.053, Family Code, are repealed.
	ARTICLE 5. TRANSITION AND EFFECTIVE DATE
	SECTION 5.01.  (a) Not later than March 1, 2016, the Texas
	State Board of Examiners of Psychologists, the Texas State Board of
	Examiners of Professional Counselors, the Texas State Board of
	Social Worker Examiners, the Texas State Board of Examiners of
	Marriage and Family Therapists, and the Texas Medical Board shall
	adopt any rules necessary for license holders to comply with the
	requirements of Subchapter D, Chapter 107, Family Code, as amended
	by this Act, and Subchapters E and F, Chapter 107, Family Code, as
	added by this Act, and specifying that a person licensed by any of
	the boards is subject to the rules of the board that licensed the
	person when appointed by a court to conduct a child custody
	evaluation under Subchapter D, Chapter 107, Family Code, as amended
	by this Act, or adoption evaluation under Subchapter E, Chapter
	107, Family Code, as added by this Act. The rules adopted under this
	subsection must:
	(1)  specify that any complaint relating to the outcome
	of a child custody evaluation or adoption evaluation conducted by a
	person licensed by any of the boards must be reported to the court
	that ordered the evaluation; and
	(2)  require that license holders receive notice that
	the disclosure of confidential information in violation of Section
	107.111 or 107.163, Family Code, as added by this Act, is grounds
	for disciplinary action.
	(b)  Subsection (a) of this section does not affect the
	authority of a licensing agency that issues a license to a child
	custody evaluator to enforce compliance with state law and
	administrative rules applicable to the license holder.
	(c)  As soon as possible after the effective date of this
	Act, the Texas State Board of Examiners of Psychologists, the Texas
	State Board of Examiners of Professional Counselors, and the Texas
	State Board of Examiners of Marriage and Family Therapists shall
	adopt rules prohibiting a psychological associate, a licensed
	specialist in school psychology, a provisionally licensed
	psychologist, a licensed professional counselor intern, and a
	licensed marriage and family therapist associate from conducting a
	child custody evaluation under Subchapter D, Chapter 107, Family
	Code, as amended by this Act, unless the person is otherwise
	qualified to conduct the evaluation.
	(d)  As soon as possible after the effective date of this
	Act, the executive commissioner of the Health and Human Services
	Commission shall adopt rules prohibiting a licensed chemical
	dependency counselor from conducting a child custody evaluation as
	a child custody evaluator under Subchapter D, Chapter 107, Family
	Code, as amended by this Act, unless the person is otherwise
	qualified to conduct the evaluation or is appointed by a court to
	conduct the evaluation under Section 107.106, Family Code, as added
	by this Act.
	(e)  Not later than March 1, 2016, the executive commissioner
	of the Health and Human Services Commission shall adopt any rules
	necessary to implement Subchapter E, Chapter 107, Family Code, as
	added by this Act. Subchapter E, Chapter 107, Family Code, as added
	by this Act, applies to an adoption evaluation ordered by a court on
	or after March 1, 2016, or the date the executive commissioner
	adopts rules under this subsection, whichever date occurs first.
	An adoption evaluation, pre-placement adoptive social study, or
	post-placement adoptive social study ordered by a court before that
	date is governed by the law in effect immediately before the
	effective date of this Act, and the former law is continued in
	effect for that purpose.
	SECTION 5.02.  (a)  Notwithstanding any other law, a person
	is qualified to conduct a child custody evaluation under Section
	107.104, Family Code, as redesignated and amended by this Act, or an
	adoption evaluation under Section 107.154, Family Code, as added by
	this Act, without satisfying the supervision requirements of
	Section 107.104(b)(1) or (2) if, on or before the effective date of
	this Act, the person completes at least 10 social studies or other
	child custody evaluations ordered by a court in suits affecting the
	parent-child relationship.
	(b)  Notwithstanding any other law, a person who is qualified
	to conduct a social study evaluation under former Section
	107.0511(g), Family Code, is authorized to conduct a child custody
	evaluation before September 1, 2017, without meeting the
	requirements under Section 107.104, Family Code, as redesignated
	and amended by this Act, and the former law is continued in effect
	for that purpose.
	(c)  Notwithstanding Section 107.104(b)(1), Family Code, as
	redesignated and amended by this Act, an individual who on or before
	the effective date of this Act has completed at least 20 social
	studies ordered by a court in suits affecting the parent-child
	relationship and who holds a license to practice in this state as a
	social worker, professional counselor, marriage and family
	therapist, or psychologist is not required to comply with Section
	107.104(b)(1), Family Code, as redesignated and amended by this
	Act.
	SECTION 5.03.  The changes in law made by this Act apply to a
	suit affecting the parent-child relationship that is filed on or
	after March 1, 2016.
	SECTION 5.04.  This Act takes effect September 1, 2015.
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