| (3) shall maintain records necessary to support charges
for services and expenses, and shall make a detailed accounting of
those charges to the parties and their counsel, if requested to do
so;
(4) shall maintain notes regarding all communications
with the parties, the children, and other persons with whom they speak
about the case; and
(5) shall 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.
(x) Records of a licensee serving as a parenting facilitator
are not mental health records and are not subject to the disclosure
requirements of Health and Safety Code, Chapter 611. At a minimum,
records shall be maintained for the period of time described in §781.209(4)
of this title (relating to Client Records and Record Keeping), or
as otherwise directed by the court.
(y) Records of a licensee serving as a parenting facilitator
shall be released on the request of either parent, as directed by
the court, or as directed by the Council.
(z) Charges for parenting facilitation services shall
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.
(aa) All fees and costs shall 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.
(bb) 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.
(cc) 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.
(dd) The minimum training for a licensee serving as
a parenting facilitator that is required by the Family Code, §153.6101(b),
and is determined by the court is:
(1) eight hours of family violence dynamics training
provided by a family violence service provider;
(2) 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;
(3) 24 classroom hours of training in the fields of
family dynamics, child development, family law; and
(4) 16 hours of training in the laws and Council rules
governing parenting coordination and facilitation, and the multiple
styles and procedures used in different models of service.
(ee) A licensee serving as a parenting facilitator:
(1) shall complete minimum training as required by
the Family Code, §153.6101, as determined by the appointing court;
(2) shall have extensive practical experience with
high conflict or litigating parents;
(3) shall complete and document upon request advanced
training in family dynamics, child maltreatment, co-parenting, and
high conflict separation and divorce; and
(4) shall 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
shall 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 (dd) 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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