Committee Substitute
House Bill 4250 History
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COMMITTEE SUBSTITUTE
FOR
H. B.
4250
(By Delegates Brown, Amores, Palumbo and Mahan)
(Originating in the Committee on the Judiciary)
[February 13, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-21, relating to
legal actions against psychologists and psychiatrists
appointed by a court to provide expert testimony for child
custody evaluations; providing standard for good faith;
providing for petition of review of evaluation; providing for
appointment of another psychologist or psychiatrist to redo
evaluations; and providing method for assigning costs of
proceedings.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §55-7-21, to read as
follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-21. Creating presumption of good faith for court appointed
licensed psychologists and psychiatrists conducting a child custody evaluation; method for assigning
court and legal fees.
(a) Any licensed psychologist or licensed psychiatrist who has
been appointed by a court to conduct a child custody evaluation in
a judicial proceeding is presumed to be acting in good faith if the
evaluation has been conducted pursuant to standards recommended by
the American Psychological Association's guidelines for child
custody evaluations in divorce proceedings.
(b) An administrative complaint against a court appointed
licensed psychologist or psychiatrist relating to a child custody
evaluation may not be filed anonymously and shall include the full
name, address and telephone number of the claimant.
(c) A parent or guardian wanting to file a legal action
against the court appointed licensed psychologist or psychiatrist
who conducted a child custody evaluation shall first petition the
presiding judge of the child custody proceeding to appoint another
psychologist or psychiatrist. Upon the parent's showing of good
cause, the court shall appoint either a psychologist or
psychiatrist to conduct another evaluation. The court shall make
a determination as to who is responsible for all court costs and
attorney's fees associated with making the appointment.
(d) If a civil action or administrative complaint is filed
against a court appointed licensed psychologist or psychiatrist
relating to a child custody proceeding, the claimant is responsible
for all reasonable court costs and attorneys fees related to the
action by both parties if the psychologist or psychiatrist is not held liable. If the licensed psychologist or psychiatrist is found
liable, then the psychologist or psychiatrist is responsible for
reasonable court costs and attorneys fees for the claimant as
ordered by the court.