Section 801.57 - Child Custody Evaluations(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 revocation. (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 order. (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 process; and (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. 22 Tex. Admin. Code § 801.57
Adopted by Texas Register, Volume 42, Number 11, March 17, 2017, TexReg 1255, eff. 3/26/2017; Amended by Texas Register, Volume 44, Number 09, March 1, 2019, TexReg 1140, eff. 3/7/2019; Adopted by Texas Register, Volume 45, Number 40, October 2, 2020, TexReg 7027, eff. 10/5/2020