HB 1845

In a contested child custody, dependency and neglect, adoption, or guardianship proceeding that the court determines a guardian ad litem ( " GAL "" ) appointment is necessary, this bill requires the court to order the child to be evaluated by at least one qualified expert, unless the court makes written findings that such an examination is unnecessary to determine the child's best interests. The expert examination must be conducted by one or more of the following licensed professionals:  A medical doctor .  A psychiatrist .  A psychologist .  A licensed clinical social worker .  A licensed professional counselor with mental health service provider designation .  Any other mental health professional authorized by law to conduct diagnostic evaluations of minors. REPORT This bill requires t he expert to submit a sworn written report to the court and the parties. The report must include all of the following:  A summary of the child's relevant medical, psychological, emotional, and developmental history as permitted within the examiner's scope of practice .  A description of the child's present mental, physical, emotional, and behavioral condition .  An opinion stating w hether further evaluation, treatment, or services are recommended; t he type and scope of any recommended evaluation or treatment; and t he clinical basis for such recommendations .  Any other matters the court deems necessary or advisable in the child's best interests. PRIMA FACIE EVIDENCE This bill provides that such a sworn examination submitted to the court constitutes prima facie evidence of the child's condition and of the factors relevant to determining the child's best interests, which may be rebutted by competent evidence or upon a showing that the report is incomplete, inaccurate, or unreliable. BEST INTEREST RECOMMENDATION This bill requires t he GAL to consider the expert report in formulating the GAL's best-interest recommendation. If the GAL's recommendation materially departs from the expert's conclusions, then the GAL must explain the basis for such departure in writing or on the record. COSTS This bill requires t he court to allocate examination costs among the parties based on ability to pay."