| (A) Licensees shall comply with §§107.108,
107.109, and 107.1101 of the Family Code when conducting child custody
evaluations.
(B) Licensees may conduct psychometric testing as part
of a child custody evaluation in accordance with §107.110 of
the Family Code.
(6) Communications and Recordkeeping of Child Custody
Evaluator.
(A) Licensees shall comply with the requirements of §107.112
of the Family Code regarding:
(i) the disclosure of communications between evaluation
participants;
(ii) the creation and retention of records relevant
to the evaluation; and
(iii) access to evaluation records.
(B) Licensees conducting child custody evaluations
shall maintain the confidentiality of records obtained from the Department
of Family and Protective Services pursuant to §107.111 of the
Family Code, as well as any records obtained pursuant to §107.1111.
Licensees may not disclose any information obtained from the records
except as required or allowed by law. Failure to maintain confidentiality
as required by law will result in disciplinary action against a licensee.
(7) Evaluation Report.
(A) A licensee who conducts a child custody evaluation
shall prepare and file a report in accordance with §107.113 of
the Family Code.
(B) A licensee shall provide a copy of any report filed
with the Court in accordance with §107.114 of the Family Code.
(f) Adoption Evaluations.
(1) The role of the adoption evaluator is one of professional
expert. A licensee serving as an adoption evaluator shall not function
as an advocate, but must remain impartial and objective. Licensees
conducting adoption evaluations, including those licensees appointed
by a court, are subject to the Council's jurisdiction and must follow
all applicable Council rules.
(2) Minimum Qualifications of Adoption Evaluator.
(A) A licensee must be qualified to conduct an adoption
evaluation pursuant to §107.154 of the Family Code before the
licensee may conduct an evaluation.
(B) Licensees qualified to conduct a child custody
evaluations are also qualified to conduct adoption evaluations.
(C) A licensee who does not meet the minimum qualification
requirements set forth in §107.154, may nevertheless conduct
an adoption evaluation if:
(i) appointed to do so pursuant to §107.155 of
the Family Code. A licensee appointed under §107.155 must comply
with the provisions of Subchapter E of the Texas Family Code and this
rule; or
(ii) the individual is licensed as a psychologist,
and has completed at least ten social studies or other child custody
evaluations ordered by a court in suits affecting the parent-child
relationship prior to September 1, 2015.
(3) Disclosure of Conflicts and Bias.
(A) Licensees shall comply with all disclosure requirements
set forth in §107.156 of the Family Code.
(B) Following any disclosure required by §107.156(c),
a licensee must resign as adoption evaluator, unless:
(i) the court finds that no conflict of interest exists
and that any previous knowledge of a party or child who is the subject
of the suit is not relevant; or
(ii) the parties and any attorney for a child who is
the subject of the suit agree in writing to the licensee's continued
appointment as the adoption evaluator.
(C) Except as authorized by §107.156(e) of the
Family Code, 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 §71.003 of the Family Code.
(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 §§107.158,
107.159, and 107.160 of the Family Code 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 §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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