| (C) Except as authorized by Tex. Fam. Code Ann. §107.156(e),
licensees may not accept appointment as an adoption evaluator if they
have worked in a professional capacity with a party, a child who is
the subject of the suit, or a member of the party's or child's family.
The term "family" as used in this subpart has the meaning assigned
by Tex. Fam. Code Ann. §71.003.
(4) A licensee shall report to the Department of Family
and Protective Services 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.
(5) Licensees shall comply with Tex. Fam. Code Ann. §§107.158,
107.159, and 107.160 when conducting adoption evaluations.
(6) Licensees conducting adoption evaluations shall
maintain the confidentiality of records obtained from the Department
of Family and Protective Services pursuant to Tex. Fam. Code Ann. §107.163.
Licensees may not disclose any information obtained from the records
except as required or allowed by law. Failure to maintain confidentiality
as required by Tex. Fam. Code Ann. §107.163 will result in disciplinary
action against a licensee.
(g) Duty to Report Complaints. Licensees must report
any complaint filed against them with this Board that alleges facts
tending to show a violation of this rule in connection with a child
custody or adoption evaluation. The report must be made to the court
that ordered the evaluation within 30 days of receiving notice of
the complaint from the Board. Only those complaints for which a licensee
receives notice from the Board need to be reported.
(h) Parenting Facilitators.
(1) The title "parenting facilitator" is defined in
the Texas Family Code, Title 5, Subtitle B, Chapter 153, Subchapter
K, Parenting Plan, Parenting Coordinator, and Parenting Facilitator.
(2) The Board's jurisdiction over licensees who also
accept engagements as parenting facilitators is limited to its enforcement
of Board rules. The Family Code sets forth procedures for the qualifications,
duties, appointment and removal, reporting, record retention, and
compensation of parenting facilitators. The Family Code also provides
procedures for disclosure of conflicts of interest by parenting facilitators.
In the event of conflict between the Family Code and Board rules,
the Family Code controls, pursuant to Board rule §461.14 of this
title (relating to Conflict between Laws and Board Rules).
(3) A parenting facilitator who is also a licensed
psychologist in Texas is a provider of forensic psychological services
and must comply with all other applicable Board rules and state and
federal laws relating to the underlying areas of psychology relating
to those services.
(4) Participants in parenting facilitation are not
patients as defined in these rules and in Texas Health and Safety
Code §611.001. Records created during parenting facilitation
are not confidential.
(5) Parenting facilitators must comply with the Texas
Family Code at §153.6061 as to duties and §153.6101 as to
qualifications, and with the "Guidelines for Parenting Coordination"
developed by the Association of Family and Conciliation Courts Task
Force on Parenting Coordination, dated May 2005.
(6) The following psychologist-parenting facilitator
practice standards are set forth consistent with Texas Family Code §153.6101.
(A) Parenting facilitators licensed by the Board shall
comply with the standard of care applicable to the license to practice
psychology in Texas.
(B) Psychologist-parenting facilitators meet all requirements
of Texas Family Code §153.6101, including active licensure to
practice as a psychologist in Texas; completion of 8 hours of family
violence dynamics training provided by a family violence service provider;
40 classroom hours of training in dispute resolution techniques in
a course conducted by an alternative dispute resolution system or
other dispute resolution organization approved by the court; 24 classroom
hours of training in the fields of family dynamics, child development,
and family law; and 16 hours of training in the laws governing parenting
coordination and parenting facilitation and the multiple styles and
procedures used in different models of service.
|
| Source Note: The provisions of this §465.18 adopted to be effective June 3, 1999, 24 TexReg 4017; amended to be effective May 2, 2002, 27 TexReg 3558; amended to be effective December 7, 2008, 33 TexReg 10030; amended to be effective March 10, 2011, 36 TexReg 1561; amended to be effective September 28, 2011, 36 TexReg 6301; amended to be effective June 10, 2012, 37 TexReg 4225; amended to be effective November 29, 2012, 37 TexReg 9363; amended to be effective December 27, 2015, 40 TexReg 9293; amended to be effective July 5, 2018, 43 TexReg 4461 |
