89R21266 AMF-D     By: Metcalf H.B. No. 2340       A BILL TO BE ENTITLED   AN ACT   relating to the qualifications, communications, and recordkeeping   of a child custody evaluator and the admissibility of a child   custody evaluation under certain circumstances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 107.104(a), Family Code, is amended by   adding Subdivisions (3) and (4) to read as follows:                (3)  "Developmental disability" has the meaning   assigned by Section 614.001, Health and Safety Code.                (4)  "Intellectual disability" has the meaning   assigned by Section 591.003, Health and Safety Code.          SECTION 2.  Section 107.104, Family Code, is amended by   adding Subsection (f) to read as follows:          (f)  In addition to the qualifications prescribed by this   section, to be qualified to conduct a child custody evaluation   under this subchapter, an individual must complete, during the   two-year period preceding the evaluation, at least three hours of   initial or continuing training, as applicable, related to the care   of a child with an intellectual disability or developmental   disability, including education, therapy, preparation for   independent living, or methods for addressing physical or mental   health challenges.          SECTION 3.  Section 107.112, Family Code, is amended by   amending Subsections (c), (d), and (f) and adding Subsection (i) to   read as follows:          (c)  Except for records obtained from the department in   accordance with Section 107.111 or from an entity described by   Section 107.1111(a) in accordance with Section 107.1111, a private   child custody evaluator shall, after completion of an evaluation   and the [preparation and] filing of a notice [child custody   evaluation report] under Section 107.113(b) [107.113], make   available in a reasonable time the evaluator's records relating to   the evaluation on the written request of an attorney for a party, a   party who does not have an attorney, and any person appointed under   this chapter in the suit in which the evaluator conducted the   evaluation, unless a court has issued an order restricting   disclosure of the records.          (d)  Subject to Subsection (b-1) and except for records   obtained from the department in accordance with Section 107.111 or   from an entity described by Section 107.1111(a) in accordance with   Section 107.1111, records relating to a child custody evaluation   conducted by an employee of or contractor with a domestic relations   office shall, after completion of the evaluation and the   [preparation and] filing of a notice [child custody evaluation   report] under Section 107.113(b) [107.113], be made available   according to the local rules and policies of the office on written   request of an attorney for a party, a party who does not have an   attorney, and any person appointed under this chapter in the suit in   which the evaluator conducted the evaluation, unless a court has   issued an order restricting disclosure of the records [according to   the local rules and policies of the office].          (f)  A private child custody evaluator shall retain all   records relating to a child custody evaluation conducted by the   evaluator until the ending date of the retention period adopted by   the licensing authority that issues the professional license held   by the evaluator based on the date the evaluator filed the notice   under Section 107.113(b) [child custody evaluation report prepared   under this section] with the court.          (i)  A child custody evaluator shall redact any social   security number or child's birth date from records subject to   disclosure under this section before making the records available.          SECTION 4.  Section 107.114, Family Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  Unless the child custody evaluator is appointed under   Section 107.106, the court may not admit into evidence a child   custody evaluation report prepared under Section 107.113 if:                (1)  the child who is the subject of the report has an   intellectual disability or developmental disability; and                (2)  on the date the evaluation that is the subject of   the report was made, the child custody evaluator had not satisfied   the training requirement under Section 107.104(f).          SECTION 5.  Sections 107.104(f) and 107.114(a-1), Family   Code, as added by this Act, apply only to a child custody evaluation   that is conducted by a child custody evaluator appointed by a court   on or after January 1, 2026. A child custody evaluation conducted by   a child custody evaluator appointed by a court before January 1,   2026, is governed by the law in effect immediately before the   effective date of this Act, and the former law is continued in   effect for that purpose.          SECTION 6.  Sections 107.112(c) and (d), Family Code, as   amended by this Act, and Section 107.112(i), Family Code, as added   by this Act, apply to a disclosure of information made on or after   the effective date of this Act.          SECTION 7.  Section 107.112(f), Family Code, as amended by   this Act, applies to all records in the possession of a child   custody evaluator on or after the effective date of this Act,   regardless of whether the records were created before, on, or after   that date.          SECTION 8.  This Act takes effect September 1, 2025.