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House Bill 4250 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B.
4250
(By Delegates Brown, Amores, Palumbo and Mahan)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT 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;
barring of anonymous administrative complaints; providing
method for assigning costs of proceedings; and awarding of
attorneys fees.
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) A licensed psychologist or licensed psychiatrist who has
been appointed by a court to conduct a child custody evaluation in
a judicial proceeding shall be presumed to be acting in good faith
if the evaluation has been conducted consistent with standards
established by the American psychological association's guidelines
for child custody evaluations in divorce proceedings.
(b) No complaint to a licensing or accrediting entity against
a court-appointed licensed psychologist or psychiatrist relating to
a child custody evaluation shall be considered if it is filed
anonymously and does not include the full name, address and
telephone number of the complainant.
(c) Any action filed against a licensed psychologist or
licensed psychiatrist alleging tortious conduct related to evidence
provided while acting as a court-appointed expert in a child
custody matter shall contain a recitation of a specific allegation
of breaches of American psychological association's guidelines for
child custody evaluations in divorce proceedings. Failure to
specifically plead such violations shall be cause for dismissal of
the action.
(d) Any licensed psychologist or licensed psychiatrist who is
named in a civil action as a defendant because of his or her
performance of a child custody evaluation while acting as a court-
appointed expert and who prevails due to a finding that he or she
acted consistently with the American psychological association's
guidelines shall be entitled to reimbursement of all reasonable costs and attorneys fees expended.
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