2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 107 - Special Appointments, Child Custody Evaluations, and Adoption Evaluations › Subchapter D. Child Custody Evaluation › Section 107.112. Communications and Recordkeeping of Child Custody Evaluator

Sec. 107.112.  COMMUNICATIONS AND RECORDKEEPING OF CHILD CUSTODY EVALUATOR.  (a)  Subject to Subsection (b-1), 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.
(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.
(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)  Subject to Subsection (b-1) and 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.14, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 776 (H.B. 4062), Sec. 1, eff. September 1, 2023.