Louisiana 2022 Regular Session

Louisiana House Bill HB272

Introduced
2/28/22  
Introduced
2/28/22  
Refer
2/28/22  
Refer
2/28/22  
Refer
3/14/22  
Refer
3/14/22  
Report Pass
3/29/22  
Report Pass
3/29/22  
Engrossed
4/13/22  
Engrossed
4/13/22  
Refer
4/14/22  
Refer
4/14/22  
Report Pass
5/24/22  
Report Pass
5/24/22  
Enrolled
6/2/22  
Enrolled
6/2/22  
Chaptered
6/18/22  

Caption

Provides for mental health evaluations in divorce and child custody proceedings

Impact

The bill will have significant implications for family law proceedings in Louisiana. By establishing clearer guidelines for mental health evaluations, it ensures that licensed professionals appointed by the court will have the necessary training and experience, especially when family violence is a concern. This legal framework aims to enhance the court's capability to assess domestic abuse claims effectively and ensure that the best interests of children are taken into account during custody disputes.

Summary

House Bill 272 aims to amend existing statutes concerning mental health evaluations during divorce and child custody proceedings in Louisiana. The bill stipulates that these evaluations must be conducted by independent, court-appointed licensed mental health professionals with specific qualifications and prohibits any ex parte communication between the parties and the evaluators. This new structure is designed to ensure that evaluations are impartial and properly address the needs of both parties involved, particularly in cases involving claims of domestic abuse.

Sentiment

The sentiment around HB 272 appears to be largely positive, with strong support for its intentions of safeguarding the integrity of mental health evaluations in sensitive family law cases. Proponents commend the bill for focusing on providing qualified evaluations that can impartially inform judicial decisions. There is recognition of the necessity for improving the standards and qualifications of evaluators in family proceedings, which aligns with broader societal concerns regarding mental health and child welfare.

Contention

While the overall sentiment is supportive, there are concerns about the practicality of implementing these evaluations and the potential for delays in court proceedings. Some opponents worry that the stringent qualifications for mental health professionals may limit the number of qualified evaluators available, leading to logistical challenges in timely evaluations. Furthermore, the prohibition on ex parte communications could complicate interactions between attorneys and evaluators, raising questions about the need for clear guidelines to prevent confusion and ensure smooth cooperation within the courts.

Companion Bills

No companion bills found.

Previously Filed As

LA HB1431

Child custody; presumption of joint physical custody in divorce proceedings; provide

LA HB1304

Joint custody of children; authorize for any type of divorce.

LA HB0413

Child Custody Proceedings Amendments

LA HB147

Child custody; rebuttable presumption of joint custody provided, definitions relating to joint custody further provided for, joint custody model parenting plan required in certain divorce cases, penalties for certain unsupported motions provided

LA HB768

Custody and visitation arrangements for minor; custody evaluation, report.

LA HB2436

mental health evaluations; health professionals

LA A1471

Concerns child custody determinations and proceedings; requires child abuse and adverse childhood experiences training.

LA SB1664

Indian child welfare; custody proceedings

LA SB313

Concerning Forensic Mental Health Evaluations And Treatment; And To Promote And Improve Efficiencies And Quality In The Department Of Human Services.

LA SB1106

Relating to mental health therapy for children in family law proceedings.

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