H.B. No. 772
 
 
 
 
AN ACT
  relating to suits affecting the parent-child relationship,
  including the powers and duties of domestic relations offices and
  the conducting of social studies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 107, Family Code, is
  amended by adding Section 107.0501 to read as follows:
         Sec. 107.0501.  DEFINITIONS. In this subchapter:
               (1)  "Social study" means an evaluative process through
  which information and recommendations regarding adoption of a
  child, conservatorship of a child, or possession of or access to a
  child may be made to a court, the parties, and the parties'
  attorneys.  The term does not include services provided in
  accordance with the Interstate Compact on the Placement of
  Children adopted under Subchapter B, Chapter 162, or an evaluation
  conducted in accordance with Section 262.114 by an employee of or
  contractor with the Department of Family and Protective Services.
               (2)  "Social study evaluator" means an individual who
  conducts a social study under this subchapter.
         SECTION 2.  Section 107.051, Family Code, is amended to read
  as follows:
         Sec. 107.051.  ORDER FOR SOCIAL STUDY. (a)  The court may
  order the preparation of a social study into the circumstances and
  condition of:
               (1)  a [the] child who is the subject of a suit or a
  party to a suit; and
               (2)  [of] the home of any person requesting [managing]
  conservatorship of, [or] possession of, or access to a [the] child.
         (b)  The social study may be made by a private entity, a
  person appointed by the court, a domestic relations office, or a
  state agency, including the Department of Family and Protective
  [and Regulatory] Services if the department is a party to the suit.
         (c)  In a suit in which adoption is requested or
  conservatorship of, possession of, or access to a [the] child is an
  issue and in which a social study has been ordered and the
  Department of Family and Protective [and Regulatory] Services is
  not a party, the court shall appoint a private agency, [or] another
  person, or [including] a domestic relations office[,] to conduct
  the social study.
         (d)  Except as provided by Section 107.0511(b), each
  individual who conducts a social study must be qualified under
  Section 107.0511.
         SECTION 3.  Subchapter D, Chapter 107, Family Code, is
  amended by amending Section 107.0511 and adding Sections 107.0512,
  107.0513, 107.0514, 107.0515, and 107.0519 to read as follows:
         Sec. 107.0511.  SOCIAL STUDY EVALUATOR: MINIMUM
  QUALIFICATIONS. (a) In this section:
               (1)  "Full-time experience" means a period during which
  an individual works at least 30 hours per week.
               (2)  "Human services field of study" means a field of
  study designed to prepare an individual in the disciplined
  application of counseling, family therapy, psychology, or social
  work values, principles, and methods.
         (b)  The minimum qualifications prescribed by this section
  do not apply to an individual conducting a social study:
               (1)  in connection with a suit pending before a court
  located in a county with a population of less than 500,000;
               (2)  in connection with an adoption governed by rules
  adopted under Section 107.0519(a);
               (3)  as an employee or other authorized representative
  of a licensed child-placing agency; or
               (4)  as an employee or other authorized representative
  of the Department of Family and Protective Services.
         (c)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules prescribing the minimum
  qualifications that an individual described by Subsection (b)(3) or
  (4) must possess in order to conduct a social study under this
  subchapter.
         (d)  To be qualified to conduct a social study under this
  subchapter, an individual must:
               (1)  have a bachelor's degree from an accredited
  college or university in a human services field of study and a
  license to practice in this state as a social worker, professional
  counselor, marriage and family therapist, or psychologist and:
                     (A)  have two years of full-time experience or
  equivalent part-time experience under professional supervision
  during which the individual performed functions involving the
  evaluation of physical, intellectual, social, and psychological
  functioning and needs and the potential of the social and physical
  environment, both present and prospective, to meet those needs; and
                     (B)  have participated in the performance of at
  least 10 court-ordered social studies under the supervision of an
  individual qualified under this section;
               (2)  meet the requirements of Subdivision (1)(A) and be
  practicing under the direct supervision of an individual qualified
  under this section in order to complete at least 10 court-ordered
  social studies under supervision; or
               (3)  be employed by a domestic relations office,
  provided that the individual conducts social studies relating only
  to families ordered by a court to participate in social studies
  conducted by the office.
         (e)  If an individual meeting the requirements of this
  section is not available in the county served by the court, the
  court may authorize an individual determined by the court to be
  otherwise qualified to conduct the social study.
         (f)  In addition to the qualifications prescribed by this
  section, an individual must complete at least eight hours of family
  violence dynamics training provided by a family violence service
  provider to be qualified to conduct a social study under this
  subchapter.
         Sec. 107.0512.  SOCIAL STUDY EVALUATOR: CONFLICTS OF
  INTEREST AND BIAS. (a) A social study evaluator who has a conflict
  of interest with any party in a disputed suit or who may be biased on
  the basis of previous knowledge, other than knowledge obtained in a
  court-ordered evaluation, shall:
               (1)  decline to conduct a social study for the suit; or
               (2)  disclose any issue or concern to the court before
  accepting the appointment or assignment.
         (b)  A social study evaluator who has previously conducted a
  social study for a suit may conduct all subsequent evaluations in
  the suit unless the court finds that the evaluator is biased.
         (c)  This section does not prohibit a court from appointing
  an employee of the Department of Family and Protective Services to
  conduct a social study in a suit in which adoption is requested or
  possession of or access to a child is an issue and in which the
  department is a party or has an interest.
         Sec. 107.0513.  GENERAL PROVISIONS APPLICABLE TO CONDUCT OF
  SOCIAL STUDY AND PREPARATION OF REPORT. (a) Unless otherwise
  directed by a court or prescribed by a provision of this title, a
  social study evaluator's actions in conducting a social study shall
  be in conformance with the professional standard of care applicable
  to the evaluator's licensure and any administrative rules, ethical
  standards, or guidelines adopted by the state agency that licenses
  the evaluator.
         (b)  In addition to the requirements prescribed by this
  subchapter, a court may impose requirements or adopt local rules
  applicable to a social study or a social study evaluator.
         (c)  A social study evaluator shall follow evidence-based
  practice methods and make use of current best evidence in making
  assessments and recommendations.
         (d)  A social study evaluator shall disclose to each attorney
  of record any communication regarding a substantive issue between
  the evaluator and an attorney of record representing a party in a
  disputed suit. This subsection does not apply to a communication
  between a social study evaluator and an attorney ad litem or amicus
  attorney.
         (e)  To the extent possible, a social study evaluator shall
  verify each statement of fact pertinent to a social study and shall
  note the sources of verification and information in the report.
         (f)  A social study evaluator shall state the basis for the
  evaluator's conclusions or recommendations in the report. A social
  study evaluator who has evaluated only one side of a disputed case
  shall refrain from making a recommendation regarding
  conservatorship of a child or possession of or access to a child,
  but may state whether the party evaluated appears to be suitable for
  conservatorship.
         (g)  Each social study subject to this subchapter must be
  conducted in compliance with this subchapter, regardless of whether
  the study is conducted:
               (1)  by a single social study evaluator or multiple
  evaluators working separately or together; or
               (2)  within a county served by the court with
  continuing jurisdiction or at a geographically distant location.
         (h)  A social study report must include the name, license
  number, and basis for qualification under Section 107.0511 of each
  social study evaluator who conducted any portion of the social
  study.
         Sec. 107.0514.  ELEMENTS OF SOCIAL STUDY.  (a) The basic
  elements of a social study under this subchapter consist of:
               (1)  a personal interview of each party to the suit;
               (2)  an interview, conducted in a developmentally
  appropriate manner, of each child at issue in the suit who is at
  least four years of age;
               (3)  observation of each child at issue in the suit,
  regardless of the age of the child;
               (4)  the obtaining of information from relevant
  collateral sources;
               (5)  evaluation of the home environment of each party
  seeking conservatorship of a child at issue in the suit or
  possession of or access to the child, unless the condition of the
  home environment is identified as not being in dispute in the court
  order requiring the social study;
               (6)  for each individual residing in a residence
  subject to the social study, consideration of any criminal history
  information and any contact with the Department of Family and
  Protective Services or a law enforcement agency regarding abuse or
  neglect; and
               (7)  assessment of the relationship between each child
  at issue in the suit and each party seeking possession of or access
  to the child.
         (b)  The additional elements of a social study under this
  subchapter consist of:
               (1)  balanced interviews and observation of each child
  at issue in the suit so that a child who is interviewed or observed
  while in the care of one party to the suit is also interviewed or
  observed while in the care of each other party to the suit;
               (2)  an interview of each individual residing in a
  residence subject to the social study; and
               (3)  evaluation of the home environment of each party
  seeking conservatorship of a child at issue in the suit or
  possession of or access to the child, regardless of whether the home
  environment is in dispute.
         (c)  A social study evaluator may not offer an opinion
  regarding conservatorship of a child at issue in a suit or
  possession of or access to the child unless each basic element of a
  social study under Subsection (a) has been completed. A social
  study evaluator shall identify in the report any additional element
  of a social study under Subsection (b) that was not completed and
  shall explain the reasons that the element was not completed.
         Sec. 107.0515.  REPORTS OF CERTAIN PLACEMENTS FOR ADOPTION.
  A social study evaluator shall report to the Department of Family
  and Protective Services any adoptive placement that appears to have
  been made by someone other than a licensed child-placing agency or
  the child's parents or managing conservator.
         Sec. 107.0519.  PRE-ADOPTIVE SOCIAL STUDY [HOME SCREENING].  
  (a)  This section does not apply to a study prepared by a licensed
  child-placing agency or the Department of Family and Protective
  Services. The procedures required in relation to a study prepared
  by a licensed child-placing agency or the Department of Family and
  Protective Services are governed by rules adopted by the executive
  commissioner of the Health and Human Services Commission, including
  rules adopted under Chapter 42, Human Resources Code [In this
  section, "department" means the Department of Protective and
  Regulatory Services].
         (b)  A pre-adoptive social study [home screening] shall be
  conducted as provided by this section to evaluate each party in a
  proceeding described by Subsection (c) who requests termination of
  the parent-child relationship or an adoption.
         (c)  The social study [Except for a suit brought by a
  licensed child-placing agency or the department, the home
  screening] under this section shall be filed in any suit for:
               (1)  termination of the parent-child relationship in
  which a person other than a parent may be appointed managing
  conservator of a child; or
               (2)  an adoption.
         (d)  The social study [Other than in a suit in which a
  licensed child-placing agency or the department is appointed
  managing conservator of the child, the home screening] under this
  section must be filed with the court before the court may sign the
  final order for termination of the parent-child relationship.
         (e)  The costs of a social study [home screening] in a suit
  for adoption under this section shall be paid by the prospective
  adoptive parent.
         (f)  Unless otherwise agreed to by the court, the social
  study [home screening] under this section must comply with the
  minimum requirements for the study [screening] under rules adopted
  by the executive commissioner of the Health and Human Services
  Commission [Board of Protective and Regulatory Services].
         (g)  In a suit filed after the child begins residence in the
  prospective adoptive home [stepparent adoption], the pre-adoptive
  social study [home screening] under this section and the
  post-placement adoptive social study [report] under Section
  107.052 may be combined in a single report. Under this subsection,
  the pre-adoptive social study will be completed after the child is
  placed in the home.
         SECTION 4.  Section 107.052, Family Code, is amended to read
  as follows:
         Sec. 107.052.  POST-PLACEMENT ADOPTIVE SOCIAL STUDY AND
  REPORT. (a)  In a proceeding in which a pre-adoptive social study
  [home screening] is required by Section 107.0519 [107.0511] for an
  adoption, a post-placement adoptive social study [report] must be
  conducted and a report filed with the court before the court may
  render a final order in the adoption.
         (b)  Unless otherwise agreed to by the court, the
  post-placement adoptive social study [report] must comply with the
  minimum requirements for the study [report] under rules adopted by
  the executive commissioner of the Health and Human Services
  Commission [Board of Protective and Regulatory Services].
         SECTION 5.  Section 107.056, Family Code, is amended to read
  as follows:
         Sec. 107.056.  PREPARATION FEE. If the court orders a social
  study to be conducted [and a report to be prepared], the court shall
  award the agency or other person a reasonable fee for the
  preparation of the study that shall be imposed in the form of a
  money judgment [taxed as costs] and paid directly to the agency or
  other person. The person or agency may enforce the judgment [order]
  for the fee by any means available under law for civil judgments.
         SECTION 6.  Section 162.003, Family Code, is amended to read
  as follows:
         Sec. 162.003.  PRE-ADOPTIVE [HOME SCREENING] AND
  POST-PLACEMENT SOCIAL STUDIES [REPORT]. In a suit for adoption,
  [a] pre-adoptive [home screening] and post-placement social
  studies [report] must be conducted as provided in Chapter 107.
         SECTION 7.  Section 203.004(a), Family Code, is amended to
  read as follows:
         (a)  A domestic relations office may:
               (1)  collect and disburse child support payments that
  are ordered by a court to be paid through a domestic relations
  registry;
               (2)  maintain records of payments and disbursements
  made under Subdivision (1);
               (3)  file a suit, including a suit to:
                     (A)  establish paternity;
                     (B)  enforce a court order for child support or
  for possession of and access to a child; and
                     (C)  modify or clarify an existing child support
  order;
               (4)  provide an informal forum in which alternative
  dispute resolution [:
                     [(A)  mediation] is used to resolve disputes [in
  an action] under this code [Subdivision (3); or
                     [(B)     an agreed repayment schedule for delinquent
  child support is negotiated as an alternative to filing a suit to
  enforce a court order for child support under Subdivision (3)];
               (5)  prepare a court-ordered social study under Chapter
  107;
               (6)  represent a child as an amicus attorney, an
  attorney ad litem, or a guardian ad litem in a suit in which:
                     (A)  termination of the parent-child relationship
  is sought; or
                     (B)  conservatorship of or access to a child is
  contested;
               (7)  serve as a friend of the court;
               (8)  provide predivorce counseling ordered by a court;
               (9)  provide community supervision services under
  Chapter 157;
               (10)  provide information to assist a party in
  understanding, complying with, or enforcing the party's duties and
  obligations under Subdivision (3);
               (11)  provide, directly or through a contract,
  visitation services, including supervision of court-ordered
  visitation, visitation exchange, or other similar services; [and]
               (12)  issue an administrative writ of withholding under
  Subchapter F, Chapter 158; and
               (13)  provide parenting coordinator services under
  Chapter 153.
         SECTION 8.  Section 203.005(a), Family Code, is amended to
  read as follows:
         (a)  The administering entity may authorize a domestic
  relations office to assess and collect:
               (1)  an initial operations fee not to exceed $15 to be
  paid to the domestic relations office on the filing of a suit;
               (2)  in a county that has a child support enforcement
  cooperative agreement with the Title IV-D agency, an initial child
  support service fee not to exceed $36 to be paid to the domestic
  relations office on the filing of a suit;
               (3)  a reasonable application fee to be paid by an
  applicant requesting services from the office;
               (4)  a reasonable attorney's fee and court costs
  incurred or ordered by the court;
               (5)  a monthly service fee not to exceed $3 to be paid
  annually in advance by a managing conservator and possessory
  conservator for whom the domestic relations office provides child
  support services;
               (6)  community supervision fees as provided by Chapter
  157 if community supervision officers are employed by the domestic
  relations office;
               (7)  a reasonable fee for preparation of a
  court–ordered social study;
               (8)  in a county that provides visitation services
  under Sections 153.014 and 203.004 a reasonable fee to be paid to
  the domestic relations office at the time the visitation services
  are provided; [and]
               (9)  a fee to reimburse the domestic relations office
  for a fee required to be paid under Section 158.503(d) for filing an
  administrative writ of withholding;
               (10)  a reasonable fee for parenting coordinator
  services; and
               (11)  a reasonable fee for alternative dispute
  resolution services.
         SECTION 9.  Sections 203.007(a) and (b), Family Code, are
  amended to read as follows:
         (a)  A domestic relations office may obtain the records
  described by Subsections (b), (c), (d), and (e) that relate to a
  person who has:
               (1)  been ordered to pay child support;
               (2)  been designated as a [possessory] conservator [or
  managing conservator] of a child;
               (3)  been designated to be the father of a child; [or]
               (4)  executed an acknowledgment of paternity;
               (5)  court-ordered possession of a child; or
               (6)  filed suit to adopt a child.
         (b)  A domestic relations office is entitled to obtain from
  the Department of Public Safety records that relate to:
               (1)  a person's date of birth;
               (2)  a person's most recent address;
               (3)  a person's current driver's license status;
               (4)  motor vehicle accidents involving a person; [and]
               (5)  reported traffic-law violations of which a person
  has been convicted; and
               (6)  a person's criminal history record information.
         SECTION 10.  Section 411.1285(a), Government Code, is
  amended to read as follows:
         (a)  A domestic relations office created under Chapter 203,
  Family Code, is entitled to obtain from the department criminal
  history record information that relates to a person who is a party
  to a proceeding in which the domestic relations office is providing
  services permitted under Chapter 203, Family Code [has been:
               [(1)  appointed guardian ad litem for a child; or
               [(2)     ordered to conduct a social study under
  Subchapter D, Chapter 107, Family Code].
         SECTION 11.  Notwithstanding Section 107.0511(d)(1)(B),
  Family Code, as added by this Act, an individual who on or before
  the effective date of this Act completed at least 10 social studies
  ordered by a court in suits affecting the parent-child relationship
  is not required to comply with the supervision requirements imposed
  by that paragraph to be qualified to conduct a social study under
  Subchapter D, Chapter 107, Family Code, as amended by this Act.
         SECTION 12.  The changes in law made by this Act to
  Subchapter D, Chapter 107, Family Code, and Section 162.003, Family
  Code, apply to a suit affecting the parent-child relationship that
  is filed on or after the effective date of this Act. A suit
  affecting the parent-child relationship filed before the effective
  date of this Act is governed by the law in effect on the date the
  suit is filed, and the former law is continued in effect for that
  purpose.
         SECTION 13.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 772 was passed by the House on May 1,
  2007, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 772 on May 27, 2007, by the following vote:  Yeas 142, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 772 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor