Originally published: . Volume 13, No. 6. Source pages: 6.
HB 272, authored by Rep. Jefferson is pending Final passage in the Senate after being amended in committee in the Senate and reported with Legislative Bureau amendments on May 26. A Senate amendment inserted the following: "Communications initiated by the licensed mental health professional with a litigant for the purpose of conducting the court-ordered evaluation shall not be considered ex parte communications prohibited by this Subsection." The measure provides for mental health evaluations in divorce and child custody proceedings. A notation indicates that the bill is on the recommendation of the Louisiana State Law Institute. The present law (R.S. 9:327) allows a court to order a mental health evaluation of the parties when determining an award of final spousal support. The proposed law requires the appointed mental health professional to be licensed. Additionally, new language states: "C. 'Licensed mental health professional' as used in this Chapter means a person who possesses at least a master's degree and who is licensed in counseling, social work, psychology, or marriage and family counseling. "D. When a licensed mental health professional has been appointed by the court, there shall be no ex parte communication by the litigants or their attorneys with the licensed mental health professional unless authorized by law or court order or agreed to by the parties. All oral communication with the licensed mental health professional shall be by teleconference or meeting in which each party to the proceeding participates either through the party's attorney or as a self-represented litigant. All written communication or correspondence to the licensed mental health professional, along with any attachments thereto, shall be provided contemporaneously to all parties to the litigation or their attorneys of record."
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