| (6) Licensees conducting adoption evaluations shall
maintain the confidentiality of records obtained from the Department
of Family and Protective Services pursuant to §107.163 of the
Family Code. Licensees may not disclose any information obtained from
the records except as required or allowed by law. Failure to maintain
confidentiality as required by §107.163 of the Family Code will
result in disciplinary action against a licensee.
(g) Duty to Report Complaints. Licensees must report
any complaint filed against them 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 Council. Only those complaints for which a licensee receives notice
from the Council need to be reported.
(h) Parenting Facilitators.
(1) The title "parenting facilitator" is defined in §153.601
of the Family Code.
(2) The Council's jurisdiction over licensees who also
accept engagements as parenting facilitators is limited to its enforcement
of Council 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.
(3) A parenting facilitator who is also a licensed
psychologist in Texas is a provider of forensic psychological services
and must comply with all applicable Council rules.
(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 §§153.6061
and 153.6101 of the Family Code as to duties and qualifications, and
with the "Guidelines for Parenting Coordination" published by the
Association of Family and Conciliation Courts.
(6) The following psychologist-parenting facilitator
practice standards are set forth consistent with §153.6101 of
the Family Code:
(A) Parenting facilitators licensed by the Council
shall comply with the standard of care applicable to the license to
practice psychology in Texas.
(B) Psychologist-parenting facilitators meet all requirements
of §153.6101 of the Family Code, 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.
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