|(a) Licensees must comply with all applicable statutes
and rules, including but not limited to Texas Family Code, Chapter
107, Subchapters D, E, and F (relating to Child Custody Evaluation,
Adoption Evaluation, and Evaluations in Contested Adoptions).
(b) When a licensee who has conducted a court-ordered
child custody evaluation or adoption evaluation receives any complaint
relating to the outcome of the evaluation, the licensee must report
the complaint to the court that ordered the evaluation. See council
rules, found in §884.3 of this title (relating to Special Requirements
for Complaints Alleging Violations Related to Court Ordered Evaluations).
(c) Disclosure of confidential information in violation
of Texas Family Code, §107.111 (relating to Child Custody Evaluator
Access to Investigative Records of Department of Family and Protective
Services; Offense) or §107.163 (Adoption Evaluator Access to
Investigative Records of Department of Family and Protective Services;
Offense) is grounds for disciplinary action, up to and including license
(d) A licensee may not provide any other type of service,
neither sequentially nor simultaneously in the same case that he or
she provides a child custody evaluation, unless required by court
(e) A licensee may not offer an expert opinion or recommendation
relating to the conservatorship of or possession of or access to a
child unless the licensee has conducted a child custody evaluation
relating to the child in accordance with Texas Family Code, Chapter
107, Subchapter D.
(f) Before beginning child custody evaluations or adoption
evaluations, a licensee must inform the parties in writing of:
(1) the limitations on confidentiality in the evaluation
(2) the basis of fees and costs and the method of payment,
including any fees associated with postponement, cancellation, and/or
nonappearance, and the parties' pro rata share of the fees and costs
as determined by the court order or written agreement of the parties.
(g) An LMFT Associate may not conduct child custody
evaluations or adoption evaluations unless qualified by another professional
license to provide such services or otherwise allowed by law.