| (a) Licensees must comply with Texas Family Code, Chapter
107, Subchapters D, E, and F concerning Child Custody Evaluation,
Adoption Evaluation, and Evaluations in Contested Adoptions.
(b) A licensee who has completed a doctoral degree
and at least 10 court-ordered child custody evaluations under the
supervision of an individual qualified by Texas Family Code, Chapter
107 to perform child custody evaluations is qualified to conduct child
custody evaluations under Texas Family Code, Chapter 107. All other
licensees must comply with qualifications stipulated in Texas Family
Code, Chapter 107.
(c) Any complaint relating to the outcome of a child
custody evaluation or adoption evaluation conducted by a licensee
must be reported to the court that ordered the evaluation, see Council §884.3.
(d) Disclosure of confidential information in violation
of Texas Family Code, §107.111 or §107.163 is grounds for
disciplinary action, up to and including revocation of license, by
the Council.
(e) A licensee who provides services concerning a matter
which the licensee knows or should know will be utilized in a legal
proceeding, such as a divorce, child custody determination, disability
claim, or criminal prosecution, must comply with all applicable Council
rules regardless of whether the licensee is acting as a factual witness
or an expert.
(f) A licensee may not provide therapy and any other
type of service, including but not limited to a child custody evaluation
or parenting facilitation, in the same case, whether such services
are delivered sequentially or simultaneously.
(g) Licensees 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 under Texas Family Code, Subchapter D, Chapter
107.
(h) Licensees providing child custody evaluations or
adoption evaluations must, prior to beginning the evaluation, in writing
inform the parties of:
(1) The limitations on confidentiality in the evaluation
process; and
(2) The basis of fees and costs and the method of payment,
including any fees associated with postponement, cancelation 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.
(i) A Licensed Professional Counselor Associate (LPC
Associate) must not conduct child custody evaluations or adoption
evaluations unless qualified by another professional license to provide
such services.
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