Senate Bill sb2050c2

    Florida Senate - 2003                    CS for CS for SB 2050

    By the Committees on Health, Aging, and Long-Term Care;
    Judiciary; and Senator Aronberg




    317-2389-03

  1                      A bill to be entitled

  2         An act relating to child custody evaluations;

  3         providing a presumption of good faith for the

  4         actions of a court-appointed psychologist who

  5         conducts a child custody evaluation;

  6         prohibiting anonymous complaints; providing

  7         prerequisites to a parent's bringing a legal

  8         action against the psychologist; providing for

  9         the award of reasonable attorney's fees and

10         reasonable court costs; providing an effective

11         date.

12  

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

14  

15         Section 1.  Child custody evaluations; presumption of

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

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

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

19  to conduct a child custody evaluation in a judicial proceeding

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

21  been conducted pursuant to standards that a reasonable

22  psychologist would have used as recommended by the American

23  Psychological Association's guidelines for child custody

24  evaluation in divorce proceedings.

25         (2)  An administrative complaint against a

26  court-appointed psychologist which relates to a child custody

27  evaluation conducted by the psychologist may not be filed

28  anonymously. The individual who files such an administrative

29  complaint must include in the complaint his or her name,

30  address, and telephone number.

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






    Florida Senate - 2003                    CS for CS for SB 2050
    317-2389-03




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

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

 3  conducting a child custody evaluation must petition the judge

 4  who presided over the child custody proceeding to appoint

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

 6  the court shall appoint another psychologist. The court shall

 7  make a determiation as to who is responsible for all court

 8  costs and attorney's fees associated with making such an

 9  appointment.

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

11  criminal action, or an administrative proceeding, is filed

12  against a court-appointed psychologist in a child custody

13  proceeding, the claimant is responsible for all reasonable

14  costs and reasonable attorney's fees associated with the

15  action for both parties if the psychologist is held not

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

17  psychologist must pay all reasonable costs and reasonable

18  attorney's fees for the claimant.

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

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                          CS for SB 2050

23                                 

24  The Committee Substitute for CS/SB 2050 provides that when a
    parent successfully petitions for appointment of another
25  psychologist, the court shall make a determination as to who
    is responsible for court costs and attorneys fees associated
26  with the subsequent appointment.

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