HB 4250 Text

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.

Print On Demand