| (2) must report to law enforcement or other authorities
if they have reason to believe that any participant appears to be
at serious risk to harm themselves or a third party;
(3) must maintain records necessary to support charges
for services and expenses, and must make a detailed accounting of
those charges to the parties and their counsel, if requested to do
so;
(4) must maintain notes regarding all communications
with the parties, the children, and other persons with whom they speak
about the case; and
(5) must maintain records in a manner that is professional,
legible, comprehensive, and inclusive of information and documents
that relate to the parenting facilitation process and that support
any recommendations made by the licensee.
(y) Records of a licensee serving as a parenting facilitator
are not mental health records and are not subject to the disclosure
requirements of Texas Health and Safety Code, Chapter 611. At a minimum,
records shall be maintained for the period of time described in §153.6083(c)
of the Texas Family Code (concerning Communications and Recordkeeping
of Parenting Facilitator) or as otherwise directed by the court.
(z) Records of a licensee serving as a parenting facilitator
must be released on the request of either parent, as directed by the
court, or as directed by the council.
(aa) Charges for parenting facilitation services must
be based upon the actual time expended by the parenting facilitator,
or as directed by the written agreement of the parties, and/or formal
order of the court.
(bb) All fees and costs must be appropriately divided
between the parties as directed by the court order of appointment
and/or as noted in the parenting facilitators' written fee disclosure
to the parties.
(cc) Fees may be disproportionately divided fees if
one parent is disproportionately creating a need for services and
if such a division is outlined in the court order of appointment and/or
as noted in the parenting facilitators' written fee disclosure to
the parties.
(dd) Services and activities for which a licensee serving
as a parenting facilitator may charge include time spent interviewing
parents, children and collateral sources of information; preparation
of agreements, correspondence, and reports; review of records and
correspondence; telephone and electronic communication; travel; court
preparation; and appearances at hearings, depositions and meetings.
(ee) A licensee serving as a parenting facilitator:
(1) must complete minimum training as required by the
Texas Family Code, §153.6101, as determined by the appointing
court;
(2) must have extensive practical experience with high
conflict or litigating parents;
(3) must complete and document upon request advanced
training in family dynamics, child maltreatment, co-parenting, and
high conflict separation and divorce; and
(4) must regularly complete continuing education related
to co-parenting issues, high-conflict families and the parenting coordination
and facilitation process.
(ff) A licensee serving as a parenting facilitator
must decline an appointment, withdraw, or request appropriate assistance
when the facts and circumstances of the case are beyond the licensee's
skill or expertise.
(gg) Since parenting facilitation services are addressed
under multiple titles in different jurisdictions nationally, acceptability
of training to meet the requirements of subsection (cc) of this section,
is based on functional skills taught during the training rather than
the use of specific titles or names.
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