§ 107.104 — CHILD CUSTODY EVALUATOR: MINIMUM QUALIFICATIONS.

Texas § 107.104

• Jurisdiction: Texas
• Code FA: Family Code

Text

Sec. 107.104. CHILD CUSTODY EVALUATOR: MINIMUM QUALIFICATIONS. (a) In this section:
(1) "Full-time experience" means a period during which an individual works at least 30 hours per week.
(2) "Human services field of study" means a field of study designed to prepare an individual in the disciplined application of counseling, family therapy, psychology, or social work values, principles, and methods.
(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.
(b) To be qualified to conduct a child custody evaluation, an individual must:
(1) have at least a master's degree from an accredited college or university in a human services field of study and a license to practice in this state as a social worker, professional counselor, marriage and family therapist, or psychologist, or have a license to practice medicine in this state and a board certification in psychiatry and:
(A) after completing any degree required by this subdivision, have two years of full-time experience or equivalent part-time experience under professional supervision during which the individual performed functions involving the evaluation of physical, intellectual, social, and psychological functioning and needs and developed an understanding of the social and physical environment, both present and prospective, to meet those needs; and
(B) after obtaining a license required by this subdivision, have performed at least 10 court-ordered child custody evaluations under the supervision of an individual qualified under this section;
(2) meet the requirements of Subdivision (1)(A) and be practicing under the direct supervision of an individual qualified under this section in order to complete at least 10 court-ordered child custody evaluations under supervision; or
(3) be employed by or under contract with a domestic relations office, provided that the individual conducts child custody evaluations relating only to families ordered by a court to participate in child custody evaluations conducted by the domestic relations office.
(c) Notwithstanding Subsections (b)(1) and (2), an individual with a doctoral degree and who holds a license in a human services field of study is qualified to conduct a child custody evaluation if the individual has completed a number of hours of professional development coursework and practice experience directly related to the performance of child custody evaluations as described by this chapter, satisfactory to the licensing agency that issues the individual's license.
(d) The licensing agency that issues a license to an individual described by Subsection (c) may determine by rule that internships, practicums, and other professional preparatory activities completed by the individual during the course of achieving the person's doctoral degree satisfy the requirements of Subsection (c) in whole or in part.
(e) In addition to the qualifications prescribed by this section, an individual must complete at least eight hours of family violence dynamics training provided by a family violence service provider to be qualified to conduct a child custody evaluation under this subchapter.
(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.

Legislative History

Added by Acts 2001, 77th Leg., ch. 133, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772 ), Sec. 3, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012 ), Sec. 2, eff. September 1, 2009. Redesignated and amended from Family Code, Section 107.0511 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449 ), Sec. 1.06, eff. September 1, 2015. Amended by: Acts 2025, 89th Leg., R.S., Ch. 401 (H.B. 2340 ), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 401 (H.B. 2340 ), Sec. 2, eff. September 1, 2025.