LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 236 HLS 24RS 576
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 30, 2024 10:24 AM Author: MCMAKIN
Dept./Agy.: Courts
Subject: Evaluations in Child Custody Proceedings Analyst: Daniel Druilhet
CHILDREN/CUSTODY EN SEE FISC NOTE LF EX Page 1 of 1
Provides for evaluations in child custody proceedings
Current law allows courts to order evaluations of a party or a child in a custody or visitation proceeding for good cause shown and provides
rules regarding the use of licensed mental health evaluations in child custody or visitation proceedings. Proposed law clarifies that
evaluations are mental health evaluations; allows the court to take into consideration the ability of the parties to the mental health or child
custody evaluation to pay; allows the court to preliminarily allocate costs at the outset and reserve the right to reallocate costs upon
conclusion of the mental health or child custody evaluation; requires any mental health professional appointed by the court in a case
where domestic abuse is an issue to have current and demonstrable training and experience working with perpetrators of domestic
violence; requires a licensed mental health professional that serves as a court-ordered child custody evaluator to have completed at least
5 co-evaluations under direct supervision; mandates child custody evaluators to serve as witnesses; provides that no indigent parent shall
be denied the opportunity to depose, cross-examine, or otherwise challenge a court-appointed licensed mental health professional in the
same manner as a non-indigent parent, and any fees or costs incurred in any such deposition shall be considered a right of a party
permitted to litigate without payment of costs.
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in Local Funds expenditures to local courts, to the extent that indigent parents are
permitted to litigate without payment of costs in matters involving the deposition or challenge to a court-appointed licensed mental health
professional or child custody evaluator offering opinion testimony as evidence in a child custody or visitation proceeding. Proposed law
has the effect of expanding rights provided to parties to litigate without the payment of costs (specifically in depositions or challenges to a
court-appointed licensed mental health professional or child custody evaluator offering opinion testimony as evidence), which may
increase costs to local courts for incurring those expenditures on behalf of indigent parents in child custody or visitation proceedings. The
exact fiscal impact to local courts is indeterminable, as it is unknown the number of indigent parents that will attempt to invoke this right,
the resulting expenditures that may be incurred by the courts as a result, or if whether these costs may be reallocated at the conclusion of
the child custody or visitation hearings.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Patrice Thomas
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer


Statutes affected:
HB236 Original:
HB236 Engrossed:
HB236 Reengrossed:
HB236 Enrolled:
HB236 Act :