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The Committee on Children, Families, and Elder Affairs (Lynn)

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recommended the following amendment:

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     Senate Amendment

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     Delete line(s) 250-293

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and insert:

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     61.122 Parenting plan recommendation Child custody

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evaluations; presumption of psychologist's professional's good

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faith; prerequisite to parent's filing suit; award of fees,

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costs, reimbursement.--

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     (1) A psychologist licensed mental health professional or

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any other individual designated by a court under s. 61.20 who has

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been appointed by the court to develop a parenting plan

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recommendation conduct a child custody evaluation in a

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dissolution of marriage, a case of domestic violence, or a

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paternity matter involving the relationship of a child and a

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parent, including time-sharing of children, judicial proceeding

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is presumed to be acting in good faith if the recommendation of

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the licensed mental health professional or any other individual

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designated by a court under s. 61.20 evaluation has been reached

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under conducted pursuant to standards that a reasonable

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psychologist licensed mental health professional or any other

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individual designated by a court under s. 61.20 would use to

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develop a parenting plan recommendation have used as recommended

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by the American Psychological Association's guidelines for child

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custody evaluation in divorce proceedings.

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     (2)  An administrative complaint against a court-appointed

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psychologist licensed mental health professional or any other

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individual designated by a court under s. 61.20 which relates to

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a parenting plan recommendation child custody evaluation

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conducted by the psychologist licensed mental health professional

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or any other individual designated by a court under s. 61.20 may

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not be filed anonymously. The individual who files such an

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administrative complaint must include in the complaint his or her

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name, address, and telephone number.

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

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against a court-appointed psychologist licensed mental health

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professional or any other individual designated by a court under

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s. 61.20 who has acted in good faith in developing conducting a

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parenting plan recommendation child custody evaluation must

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petition the judge who presided over the dissolution of marriage,

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case of domestic violence, or paternity matter involving the

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relationship of a child and a parent, including time-sharing of

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children, child custody proceeding to appoint another

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psychologist licensed mental health professional or any other

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individual designated by a court under s. 61.20. Upon the

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parent's showing of good cause, the court shall appoint another

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psychologist licensed mental health professional or any other

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individual designated by a court under s. 61.20. The court shall

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determine make a determination as to who is responsible for all

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

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appointment.

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

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criminal action, or an administrative proceeding, is filed

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against a court-appointed psychologist in a dissolution of

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marriage, case of domestic violence, or paternity matter

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involving the relationship of a child and a parent, including

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time-sharing of children child custody proceeding, the claimant

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is responsible for all reasonable costs and reasonable attorney's

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fees associated with the action for both parties if the

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psychologist licensed mental health professional or any other

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individual designated by a court under s. 61.20 is held not

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liable. If the psychologist licensed mental health professional

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or any other individual designated by a court under s. 61.20 is

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held liable in civil court, the psychologist licensed mental

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health professional or any other individual designated by a court

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under s. 61.20 must pay all reasonable costs and reasonable

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attorney's fees for the claimant.

3/31/2008  2:45:00 PM     CF.CF.06226