Tex. Fam. Code Section 107.1101
Effect of Potentially Undiagnosed Serious Mental Illness

(a)

In this section, “serious mental illness” has the meaning assigned by Section 1355.001, Insurance Code.

(b)

If a child custody evaluator identifies the presence of a potentially undiagnosed serious mental illness experienced by an individual who is a subject of the child custody evaluation and the evaluator is not qualified by the evaluator’s licensure, experience, and training to assess a serious mental illness, the evaluator shall make one or more appropriate referrals for a mental examination of the individual and may request additional orders from the court.

(c)

The child custody evaluation report must include any information that the evaluator considers appropriate under the circumstances regarding the possible effects of an individual’s potentially undiagnosed serious mental illness on the evaluation and the evaluator’s recommendations.
Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.12, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 5, eff. September 1, 2017.

Source: Section 107.1101 — Effect of Potentially Undiagnosed Serious Mental Illness, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­107.­htm#107.­1101 (accessed Jun. 5, 2024).

107.001
Definitions 107.002
Powers and Duties of Guardian Ad Litem for Child 107.003
Powers and Duties of Attorney Ad Litem for Child and Amicus Attorney 107.004
Additional Duties of Attorney Ad Litem for Child 107.005
Additional Duties of Amicus Attorney 107.006
Access to Child and Information Relating to Child 107.007
Attorney Work Product and Testimony 107.008
Substituted Judgment of Attorney for Child 107.009
Immunity 107.010
Discretionary Appointment of Attorney Ad Litem for Incapacitated Person 107.011
Mandatory Appointment of Guardian Ad Litem 107.012
Mandatory Appointment of Attorney Ad Litem for Child 107.013
Mandatory Appointment of Attorney Ad Litem for Parent 107.014
Powers and Duties of Attorney Ad Litem for Certain Parents 107.015
Attorney Fees 107.016
Continued Representation 107.017
Appointment of Amicus Attorney Prohibited 107.021
Discretionary Appointments 107.022
Certain Prohibited Appointments 107.023
Fees in Suits Other than Suits by Governmental Entity 107.031
Volunteer Advocates 107.0042
Report on Percentage of Professional Practice Time as Attorney Ad Litem 107.0045
Discipline of Attorney Ad Litem 107.101
Definitions 107.102
Applicability 107.103
Order for Child Custody Evaluation 107.104
Child Custody Evaluator: Minimum Qualifications 107.105
Child Custody Evaluation: Specialized Training Required 107.106
Exception to Qualifications Required to Conduct Child Custody Evaluation 107.107
Child Custody Evaluator: Conflicts of Interest and Bias 107.108
General Provisions Applicable to Conduct of Child Custody Evaluation and Preparation of Report 107.109
Elements of Child Custody Evaluation 107.110
Psychometric Testing 107.111
Child Custody Evaluator Access to Investigative Records of Department 107.112
Communications and Recordkeeping of Child Custody Evaluator 107.113
Child Custody Evaluation Report Required 107.114
Introduction and Provision of Child Custody Evaluation Report 107.115
Child Custody Evaluation Fee 107.0125
Appointment of Attorney in Dual Role 107.0131
Powers and Duties of Attorney Ad Litem for Parent 107.0132
Powers and Duties of Attorney Ad Litem for Alleged Father 107.0133
Discipline of Attorney Ad Litem for Parent or Alleged Father 107.0141
Temporary Appointment of Attorney Ad Litem for Certain Parents 107.151
Definitions 107.152
Applicability 107.153
Order for Adoption Evaluation 107.154
Adoption Evaluator: Minimum Qualifications 107.155
Exception to Qualifications Required to Conduct Adoption Evaluation 107.156
Adoption Evaluator: Conflicts of Interest and Bias 107.157
Reporting Certain Placements for Adoption 107.158
General Provisions Applicable to Conduct of Adoption Evaluator and Preparation of Reports 107.159
Requirements for Pre-placement Portion of Adoption Evaluation and Report 107.160
Requirements for Post-placement Portion of Adoption Evaluation and Report 107.0161
Ad Litem Appointments for Child Committed to Texas Juvenile Justice Department 107.161
Introduction and Provision of Adoption Evaluation Report and Testimony Relating to Adoption Evaluation 107.162
Adoption Evaluation Fee 107.163
Adoption Evaluator Access to Investigative Records of Department 107.201
Applicability 107.202
Assignment of Evaluations in Contested Adoptions 107.251
Definition 107.252
Applicability 107.253
Nonprofit Funding 107.254
Office of Child Representation 107.255
Office of Parent Representation 107.256
Creation of Office of Child Representation or Office of Parent Representation 107.257
Nonprofit as Office 107.258
Plan of Operation for Office 107.259
Office Personnel 107.260
Appointments in County in Which Office Created 107.261
Funding of Office 107.262
Oversight Board 107.301
Definitions 107.302
Managed Assigned Counsel Program 107.303
Creation of Managed Assigned Counsel Program 107.304
Plan for Program Required 107.305
Program Director 107.306
Review Committee 107.307
Appointment from Program’s Public Appointment List 107.308
Funding of Program 107.1025
Effect of Mental Examination 107.1101
Effect of Potentially Undiagnosed Serious Mental Illness 107.1111
Child Custody Evaluator Access to Other Records
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 107.1101’s source at texas​.gov