Senate Bill sb2050

    Florida Senate - 2003                                  SB 2050

    By Senator Aronberg





    27-631B-03

  1                      A bill to be entitled

  2         An act relating to child custody; providing a

  3         presumption of good faith for the actions of a

  4         court-appointed psychologist who conducts a

  5         child custody evaluation; prohibiting anonymous

  6         complaints; providing prerequisites to a

  7         parent's bringing a legal action against the

  8         psychologist; providing for the award of

  9         reasonable attorney's fees and reasonable court

10         costs; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Child custody evaluations; presumption of

15  psychologist's good faith; prerequisite to parent's filing

16  suit; award of fees, costs, reimbursement.--

17         (1)  A psychologist who has been appointed by the court

18  to conduct a child custody evaluation in a judicial proceeding

19  is presumed to be acting in good faith if the evaluation has

20  been conducted pursuant to standards that a reasonable

21  psychologist would have used as recommended by the American

22  Psychological Association's guidelines for child custody

23  evaluation in divorce proceedings.

24         (2)  An administrative complaint against a psychologist

25  which relates to a child custody evaluation conducted by the

26  psychologist may not be filed anonymously. The individual who

27  files such an administrative complaint must include in the

28  complaint his or her name, address, and telephone number.

29         (3)  A parent who wishes to file a legal action against

30  a court-appointed psychologist who has acted in good faith in

31  conducting a child custody evaluation must petition the judge

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2050
    27-631B-03




 1  who presided over the child custody proceeding to appoint

 2  another psychologist. Upon the parent's showing of good cause,

 3  the court shall appoint another psychologist, and the parent

 4  is responsible for all court costs and attorney's fees

 5  associated with making such an appointment.

 6         (4)  If a legal action, whether it be a civil action, a

 7  criminal action, or an administrative proceeding, is filed

 8  against a court-appointed psychologist in a child custody

 9  proceeding, the claimant is responsible for all reasonable

10  costs and reasonable attorney's fees associated with the

11  action for both parties if the psychologist is held not

12  liable. If the psychologist is held liable in civil court, the

13  psychologist must pay all reasonable costs and reasonable

14  attorney's fees for the claimant.

15         Section 2.  This act shall take effect July 1, 2003.

16  

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18                          SENATE SUMMARY

19    Provides that a court-appointed psychologist is presumed
      to be acting in good faith in conducting a child custody
20    evaluation if the psychologist follows certain
      guidelines. Prohibits anonymously filing against a
21    psychologist an administrative complaint that relates to
      such an evaluation. Provides that a parent who wishes to
22    file a legal action against such a psychologist must
      first petition the court to appoint another psychologist.
23    Provides for the award of reasonable attorney's fees and
      reasonable costs.
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CODING: Words stricken are deletions; words underlined are additions.