reglab/statecodes huggingface dataset:
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.016. Continued Representation; Duration of Appointment

Sec. 107.016.  CONTINUED REPRESENTATION; DURATION OF APPOINTMENT.  In a suit filed by a governmental entity in which termination of the parent-child relationship or appointment of the entity as conservator of the child is requested:
(1)   an order appointing the Department of Family and Protective Services as the child's managing conservator:
(A)  shall provide for the continuation of the appointment of the guardian ad litem or the attorney ad litem for the child, or an attorney appointed to serve in the dual role, as long as the child remains in the conservatorship of the department; and
(B)  may provide for the continuation of the appointment of both the attorney ad litem and the guardian ad litem for the child if both have been appointed, as long as the child remains in the conservatorship of the department; and
(2)  an attorney appointed under this subchapter to serve as an attorney ad litem for a parent or an alleged father continues to serve in that capacity until the earliest of:
(A)  the date the suit affecting the parent-child relationship is dismissed;
(B)  the date all appeals in relation to any final order terminating parental rights are exhausted or waived; or
(C)  the date the attorney is relieved of the attorney's duties or replaced by another attorney after a finding of good cause is rendered by the court on the record.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 6, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 75 (H.B. 906), Sec. 2, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 9, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 801 (H.B. 1315), Sec. 1, eff. September 1, 2021.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.0161. Ad Litem Appointments for Child Committed to Texas Juvenile Justice Department

Sec. 107.0161.  AD LITEM APPOINTMENTS FOR CHILD COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT.  If an order appointing the Department of Family and Protective Services as managing conservator of a child does not continue the appointment of the child's guardian ad litem or attorney ad litem and the child is committed to the Texas Juvenile Justice Department or released under supervision by the Texas Juvenile Justice Department, the court may appoint a guardian ad litem or attorney ad litem for the child.
Added by Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 3, eff. May 23, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 79, eff. September 1, 2015.
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 B. Appointments in Certain Suits › Part 1. Appointments in Suits by Governmental Entity › Section 107.017. Appointment of Amicus Attorney Prohibited

Sec. 107.017.  APPOINTMENT OF AMICUS ATTORNEY PROHIBITED.  The court may not appoint a person to serve as an amicus attorney in a suit filed by a governmental entity under this chapter.
Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
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 B. Appointments in Certain Suits › Part 2. Appointments in Suits Other Than Suits by Governmental Entity › Section 107.021. Discretionary Appointments

Sec. 107.021.  DISCRETIONARY APPOINTMENTS.  (a)  In a suit in which the best interests of a child are at issue, other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may appoint one of the following:
(1)  an amicus attorney;
(2)  an attorney ad litem; or
(3)  a guardian ad litem.
(a-1)  In a suit requesting termination of the parent-child relationship that is not filed by a governmental entity, the court shall, unless the court finds that the interests of the child will be represented adequately by a party to the suit whose interests are not in conflict with the child's interests, appoint one of the following:
(1)  an amicus attorney; or
(2)  an attorney ad litem.
(b)  In determining whether to make an appointment under this section, the court:
(1)  shall:
(A)  give due consideration to the ability of the parties to pay reasonable fees to the appointee; and
(B)  balance the child's interests against the cost to the parties that would result from an appointment by taking into consideration the cost of available alternatives for resolving issues without making an appointment;
(2)  may make an appointment only if the court finds that the appointment is necessary to ensure the determination of the best interests of the child, unless the appointment is otherwise required by this code;  and
(3)  may not require a person appointed under this section to serve without reasonable compensation for the services rendered by the person.
Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 8, eff. September 1, 2005.
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 B. Appointments in Certain Suits › Part 2. Appointments in Suits Other Than Suits by Governmental Entity › Section 107.022. Certain Prohibited Appointments

Sec. 107.022.  CERTAIN PROHIBITED APPOINTMENTS.  In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may not appoint:
(1)  an attorney to serve in the dual role; or
(2)  a volunteer advocate to serve as guardian ad litem for a child unless the training of the volunteer advocate is designed for participation in suits other than suits filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child.
Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 9, eff. September 1, 2005.
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 B. Appointments in Certain Suits › Part 2. Appointments in Suits Other Than Suits by Governmental Entity › Section 107.023. Fees in Suits Other Than Suits by Governmental Entity

Sec. 107.023.  FEES IN SUITS OTHER THAN SUITS BY GOVERNMENTAL ENTITY.  (a)  In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, in addition to the attorney's fees that may be awarded under Chapter 106, the following persons are entitled to reasonable fees and expenses in an amount set by the court and ordered to be paid by one or more parties to the suit:
(1)  an attorney appointed as an amicus attorney or as an attorney ad litem for the child; and
(2)  a professional who holds a relevant professional license and who is appointed as guardian ad litem for the child, other than a volunteer advocate.
(b)  The court shall:
(1)  determine the fees and expenses of an amicus attorney, an attorney ad litem, or a guardian ad litem by reference to the reasonable and customary fees for similar services in the county of jurisdiction;
(2)  order a reasonable cost deposit to be made at the time the court makes the appointment;  and
(3)  before the final hearing, order an additional amount to be paid to the credit of a trust account for the use and benefit of the amicus attorney, attorney ad litem, or guardian ad litem.
(c)  A court may not award costs, fees, or expenses to an amicus attorney, attorney ad litem, or guardian ad litem against the state, a state agency, or a political subdivision of the state under this part.
(d)  The court may determine that fees awarded under this subchapter to an amicus attorney, an attorney ad litem for the child, or a guardian ad litem for the child are necessaries for  the benefit of the child.
Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 10, eff. September 1, 2005.
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 C. Appointment of Volunteer Advocates › Section 107.031. Volunteer Advocates

Sec. 107.031.  VOLUNTEER ADVOCATES.  (a)  In a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may appoint a charitable organization composed of volunteer advocates whose charter mandates the provision of services to allegedly abused and neglected children or an individual who has received the court's approved training regarding abused and neglected children and who has been certified by the court to appear at court hearings as a guardian ad litem for the child or as a volunteer advocate for the child.
(b)  In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may appoint a charitable organization composed of volunteer advocates whose training provides for the provision of services in private custody disputes or a person who has received the court's approved training regarding the subject matter of the suit and who has been certified by the court to appear at court hearings as a guardian ad litem for the child or as a volunteer advocate for the child.  A person appointed under this subsection is not entitled to fees under Section 107.023.
(c)  A court-certified volunteer advocate appointed under this section may be assigned to act as a surrogate parent for the child, as provided by 20 U.S.C. Section 1415(b), if:
(1)  the child is in the conservatorship of the Department of Family and Protective Services;
(2)  the volunteer advocate is serving as guardian ad litem for the child;
(3)  a foster parent of the child is not acting as the child's parent under Section 29.015, Education Code; and
(4)  the volunteer advocate completes a training program for surrogate parents that complies with minimum standards established by rule by the Texas Education Agency within the time specified by Section 29.015(b), Education Code.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1294, Sec. 6, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 430, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 11, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 3, eff. September 1, 2017.
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 107.101. Definitions

Sec. 107.101.  DEFINITIONS.  In this subchapter:
(1)  "Child custody evaluation" means an evaluative process ordered by a court in a contested case through which information, opinions, recommendations, and answers to specific questions asked by the court may be:
(A)  made regarding:
(i)  conservatorship of a child, including the terms and conditions of conservatorship;
(ii)  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)  made to the court, the parties to the suit, the parties' attorneys, and any other person appointed under this chapter by the court in the suit.
(2)  "Child custody evaluator" means an individual who conducts a child custody evaluation 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 1, eff. September 1, 2007.
Redesignated and amended from Family Code, Section 107.0501 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.03, eff. September 1, 2015.
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 107.102. Applicability

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.04, eff. September 1, 2015.
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 107.1025. Effect of Mental Examination

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.04, eff. September 1, 2015.
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 107.105. Child Custody Evaluation: Specialized Training Required

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.07, eff. September 1, 2015.
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 107.106. Exception to Qualifications Required to Conduct Child Custody Evaluation

Sec. 107.106.  EXCEPTION TO QUALIFICATIONS REQUIRED TO CONDUCT CHILD CUSTODY EVALUATION.  (a)  This section applies only to a county:
(1)  with a population of less than 500,000;
(2)  that is contiguous to the Gulf of Mexico or a bay or inlet opening into the gulf and that borders the United Mexican States; or
(3)  that borders a county described by Subdivision (2).
(a-1)  In a county to which this section applies, 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.07, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1236 (H.B. 2514), Sec. 1, eff. September 1, 2019.
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 107.110. Psychometric Testing

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 and may request additional orders from the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.11, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 4, eff. September 1, 2017.
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 107.1101. Effect of Potentially Undiagnosed Serious Mental Illness

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 and may request additional orders from the court.
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.12, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 5, eff. September 1, 2017.
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 107.111. Child Custody Evaluator Access to Investigative Records of Department; Offense

Sec. 107.111.  CHILD CUSTODY EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT; OFFENSE.  (a)  A child custody evaluator appointed by a court 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 child custody evaluation.
(b)  Except as provided by this section, records obtained by a child custody 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)  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 from the department in violation of this section.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 74 (S.B. 330), Sec. 1, eff. September 1, 2013.
Redesignated and amended from Family Code, Section 107.05145 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.13, eff. September 1, 2015.
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 107.1111. Child Custody Evaluator Access to Other Records

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 6, eff. September 1, 2017.
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 107.113. Child Custody Evaluation Report Required

Sec. 107.113.  CHILD CUSTODY EVALUATION REPORT REQUIRED.  (a)  A child custody evaluator who conducts a child custody evaluation shall prepare a report containing the evaluator's findings, opinions, recommendations, and answers to specific questions asked by the court relating to the evaluation.
(b)  The person conducting a child custody evaluation shall file with the court on a date set by the court notice that the report under this section is complete.  On the earlier of the date the notice is filed or the date required under Section 107.114, the person shall provide a copy of the report to:
(1)  each party's attorney;
(2)  each party who is not represented by an attorney; and
(3)  each attorney ad litem, guardian ad litem, and amicus attorney appointed in 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.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995.
Redesignated and amended from Family Code, Section 107.054 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.15, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 7, eff. September 1, 2017.
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 107.114. Introduction and Provision of Child Custody Evaluation Report

Sec. 107.114.  INTRODUCTION AND PROVISION OF CHILD CUSTODY EVALUATION REPORT.  (a)  Disclosure to the court or the jury of the contents of a child custody evaluation report prepared under Section 107.113 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 of the child custody evaluation report before the earlier of:
(1)  the third day after the date the child custody evaluation report is completed; or
(2)  the 30th 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.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995.
Redesignated and amended from Family Code, Section 107.055 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.16, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 8, eff. September 1, 2017.
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 107.115. Child Custody Evaluation Fee

Sec. 107.115.  CHILD CUSTODY EVALUATION FEE.  If the court orders a child custody evaluation to be conducted, the court shall award the person appointed as the child custody evaluator a reasonable fee for the preparation of the child custody evaluation that shall be imposed in the form of a money judgment and paid directly to the person.  The person may enforce the judgment for the fee by any means available under law for civil judgments.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 5, eff. September 1, 2007.
Redesignated and amended from Family Code, Section 107.056 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.17, eff. September 1, 2015.
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 107.151. Definitions

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

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 commissioner of the department.
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 3, eff. September 1, 2017.
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 107.153. Order for Adoption Evaluation

Sec. 107.153.  ORDER FOR ADOPTION EVALUATION.  (a)  Except as provided by Subsection (a-1), 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.
(a-1)  In a suit for adoption that is uncontested, the court may waive the requirement under Subsection (a) for the performance of an adoption evaluation of the prospective adoptive parent if:
(1)  the prospective adoptive parent is a stepparent of the child; and
(2)  the court has reviewed investigative records of the department and any criminal history record information maintained by the Department of Public Safety relating to the prospective adoptive parent.
(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 conducting an adoption evaluation required under Subsection (a) or reviewing investigative records of the department and criminal history record information maintained by the Department of Public Safety under Subsection (a-1), as applicable, shall be paid by the prospective adoptive parent.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 802 (H.B. 461), Sec. 1, eff. September 1, 2023.
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 107.154. Adoption Evaluator: Minimum Qualifications

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 or under contract with 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 4(a), eff. September 1, 2017.
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 107.155. Exception to Qualifications Required to Conduct Adoption Evaluation

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
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 107.157. Reporting Certain Placements for Adoption

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
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 107.158. General Provisions Applicable to Conduct of Adoption Evaluator and Preparation of Reports

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
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 107.159. Requirements for Pre-Placement Portion of Adoption Evaluation and Report

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 commissioner of the department.
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 5, eff. September 1, 2017.
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 107.160. Requirements for Post-Placement Portion of Adoption Evaluation and Report

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 commissioner of the department.
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 6, eff. September 1, 2017.
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 107.161. Introduction and Provision of Adoption Evaluation Report and Testimony Relating to Adoption Evaluation

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

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
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 107.163. Adoption Evaluator Access to Investigative Records of Department; Offense

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015.
Subchapter F, consisting of Secs. 107.201 to 107.202, was added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18.
For another Subchapter F, consisting of Secs. 107.101 to 107.108, added by Acts 2015, 84th Leg., R.S., Ch. 571 (H.B. 3003), Sec. 1, see Sec. 107.101 et seq., post.