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| 1 | A bill to be entitled | ||
| 2 | An act relating to court-appointed psychologists; creating | ||
| 3 | s. 490.0122, F.S.; providing that court-appointed | ||
| 4 | psychologists appointed to conduct a child custody | ||
| 5 | evaluation shall be deemed to be acting in good faith | ||
| 6 | under certain circumstances; providing criteria for suits | ||
| 7 | against a court-appointed psychologist; providing that | ||
| 8 | certain administrative complaints cannot be filed | ||
| 9 | anonymously; providing for the payment of attorney's fees | ||
| 10 | and certain costs; providing an effective date. | ||
| 11 | |||
| 12 | Be It Enacted by the Legislature of the State of Florida: | ||
| 13 | |||
| 14 | Section 1. Section 490.0122, Florida Statutes, is created | ||
| 15 | to read: | ||
| 16 | 490.0122 Court-appointed psychologists; immunity; actions | ||
| 17 | against; attorney's fees.-- | ||
| 18 | (1) Any psychologist participating in a judicial | ||
| 19 | proceeding who has been court appointed to conduct a child | ||
| 20 | custody evaluation shall be presumed to be acting in good faith | ||
| 21 | if the evaluation has been conducted pursuant to standards that | ||
| 22 | a reasonable psychologist would have used as recommended by The | ||
| 23 | American Psychological Association’s Guidelines for Child | ||
| 24 | Custody Evaluation in Divorce Proceedings. | ||
| 25 | (2) In a child custody hearing, in order for a parent or | ||
| 26 | legal guardian to be able to file suit against a court-appointed | ||
| 27 | psychologist who has acted in good faith, the parent or legal | ||
| 28 | guardian must first petition the judge who presided over the | ||
| 29 | child custody hearing to appoint another psychologist, upon | ||
| 30 | showing good cause, and shall be responsible for all court costs | ||
| 31 | and attorney’s fees. | ||
| 32 | (3) Any administrative complaint filed against a | ||
| 33 | psychologist following a child custody evaluation shall not be | ||
| 34 | filed anonymously. The name, address, and phone number of the | ||
| 35 | party filing the complaint must be included as part of the | ||
| 36 | complaint. | ||
| 37 | (4) Once a suit is filed against a court-appointed | ||
| 38 | psychologist in a child custody hearing in civil, criminal, or | ||
| 39 | administrative court, the claimant shall be responsible for all | ||
| 40 | attorney’s fees associated with said suit for both parties to | ||
| 41 | the extent that the psychologist is not held liable in civil, | ||
| 42 | criminal, or administrative court. The claimant must pay | ||
| 43 | administrative fees at the prevailing state hourly rate and must | ||
| 44 | reimburse the psychologist for all reasonable fees associated | ||
| 45 | with loss of work that was necessary in defending the claim if | ||
| 46 | the psychologist is found not guilty. | ||
| 47 | (5) If the psychologist is held liable in civil court, the | ||
| 48 | psychologist must pay all attorney's fees and court costs for | ||
| 49 | the claimant. | ||
| 50 | Section 2. This act shall take effect upon becoming a law. | ||