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 E. Adoption Evaluation › Section 107.156. Adoption Evaluator: Conflicts of Interest and Bias

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.