HB 0715 2003
1	CHAMBER ACTION
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6	The Committee on Health Care recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to child custody evaluations; providing a
12	presumption of good faith for the actions of a court-
13	appointed psychologist who conducts a child custody
14	evaluation; prohibiting anonymous complaints; providing
15	prerequisites to a parent bringing a legal action against
16	the psychologist; providing for the award of reasonable
17	attorney's fees and reasonable court costs; providing an
18	effective date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Child custody evaluations; presumption of
23	psychologist's good faith; prerequisite to parent filing suit;
24	award of fees and costs; reimbursement.--
25	(1) A psychologist who has been appointed by the court to
26	conduct a child custody evaluation in a judicial proceeding is
27	presumed to be acting in good faith if the evaluation has been
28	conducted pursuant to standards that a reasonable psychologist
29	would have used as recommended by the American Psychological
30	Association's guidelines for child custody evaluation in divorce
31	proceedings.
32	(2) An administrative complaint against a court-appointed
33	psychologist which relates to a child custody evaluation
34	conducted by the psychologist may not be filed anonymously. The
35	individual who files such an administrative complaint must
36	include in the complaint his or her name, address, and telephone
37	number.
38	(3) A parent who wishes to file a legal action against a
39	court-appointed psychologist who has acted in good faith in
40	conducting a child custody evaluation must petition the judge
41	who presided over the child custody proceeding to appoint
42	another psychologist. Upon the parent showing good cause, the
43	court shall appoint another psychologist, and the parent is
44	responsible for all court costs and attorney's fees associated
45	with making such an appointment.
46	(4) If a legal action, whether it be a civil action, a
47	criminal action, or an administrative proceeding, is filed
48	against a court-appointed psychologist in a child custody
49	proceeding, the claimant is responsible for all reasonable costs
50	and reasonable attorney's fees associated with the action for
51	both parties if the psychologist is held not liable. If the
52	psychologist is held liable in civil court, the psychologist
53	must pay all reasonable costs and reasonable attorney's fees for
54	the claimant.
55	Section 2. This act shall take effect July 1, 2003.