|
|
|
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. |