Senate Bill sb2050e2

    CS for CS for SB 2050                         Second Engrossed



  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 attorney's fees and reasonable

10         court costs; providing an effective date.

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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

25  court-appointed psychologist which relates to a child custody

26  evaluation conducted by the psychologist may not be filed

27  anonymously. The individual who files such an administrative

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

29  address, and telephone number.

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

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


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






    CS for CS for SB 2050                         Second Engrossed



 1  conducting a child custody evaluation must petition the judge

 2  who presided over the child custody proceeding to appoint

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

 4  the court shall appoint another psychologist. The court shall

 5  make a determination as to who is responsible for all court

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

 7  appointment.

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

 9  criminal action, or an administrative proceeding, is filed

10  against a court-appointed psychologist in a child custody

11  proceeding, the claimant is responsible for all reasonable

12  costs and reasonable attorney's fees associated with the

13  action for both parties if the psychologist is held not

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

15  psychologist must pay all reasonable costs and reasonable

16  attorney's fees for the claimant.

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

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