SECTION 140.434. Prohibition related to Child Custody and Adoption Evaluations

(a) An individual who holds a license as an LCDC does not have a license required under Family Code, §107.104(b)(1) (relating to Child Custody Evaluator: Minimum Qualifications) or under Family Code, §107.154(b)(1) (relating to Adoption Evaluator: Minimum Qualifications), to qualify the LCDC under those subsections, as a licensee, to conduct a child custody or adoption evaluation. An LCDC is prohibited from conducting a child custody evaluation under Family Code, Chapter 107, Subchapter D (relating to Child Custody Evaluation), and as defined therein, except as described in subsection (b) of this section, and from conducting an adoption evaluation under Family Code, Chapter 107, Subchapter E (relating to Adoption Evaluation), and as defined therein, except as described in subsection (b) of this section.

(b) An individual who holds a license as an LCDC may conduct a child custody evaluation under Family Code, Chapter 107, Subchapter D, or an adoption evaluation under Family Code, Chapter 107, Subchapter E, §§107.151-107.163, only if the individual is acting consistent with the applicable Subchapter and subsection (a) of this section, and is:

(1) otherwise qualified by law to conduct such an evaluation; or

(2) appointed by a court to conduct the evaluation under Family Code, §107.106 (relating to Exception to Qualifications Required to Conduct Child Custody Evaluation) or under Family Code, §107.155 (relating to Exception to Qualifications Required to Conduct Adoption Evaluation).

Source Note: The provisions of this §140.434 adopted to be effective February 2, 2017, 42 TexReg 314