Originally published: . Volume 9, No. 4. Source pages: 4.
Senate Resolution 46, authored by Senator Jonathan Perry, requests the Louisiana State Law Institute to review state laws, rules, regulations, policies, and procedures relative to mental health evaluations used in child custody and visitation proceedings. The measure is pending for Senate Judiciary A and scheduled for this week, April 3.
The measure notes that Louisiana has two statutes, R.S. 9:331 and 9:355.15, that govern mental health evaluations in child custody and visitation proceedings, and these were enacted in 1993 and 1997.
No modifications or updates have been made since that time, “on conducting mental health evaluations in child custody and visitation proceedings, including the expertise of the mental health professional conducting the evaluation…” and according to reported decisions, mental health evaluations have increased at least ten-fold since the 1990s, and more recently have doubled in the last eight years.
Included in the topics for review requested are selection of a particular professional to conduct the evaluation, qualifications of the professional to conduct the evaluation, and communications between counsel and the professional conducting the evaluation. Specifically the measure notes, “… there is confusion as to whether R.S. 9:331 or Code of Civil Procedure Arts. 1464, 1465, and 1465.1, relating to experts, apply in a child custody and visitation proceeding,” and “there is further confusion as to whether, when, and how Code of Evidence Arts. 702 through 706 regarding experts and 801 through 804 regarding hearsay apply in child custody and visitation proceedings when a mental health evaluation is ordered.”
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