2020 House Bill 1149 - Introduced

SDLRC - 2020 House Bill 1149 - SD Legislature establish qualifications for child custody evaluators.

20.225.9 95th Legislative Session 960

2020 South Dakota Legislature

House Bill 1149

Introduced by: Representative Pischke

An Act to establish qualifications for child custody evaluators.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 25-4A-23 be AMENDED:

25-4A-23. Home study or custody evaluation--Mediation.

Prior to ruling on a joint physical custody petition the court may require the parties to participate in a home study or a custody evaluation.

Prior to ruling on a joint physical custody petition, the court may require the parties to participate in a custody evaluation conducted by:

(1) (a) A board certified psychiatrist;

(b) A psychologist licensed in accordance with chapter 36-27A;

(c) A marriage and family therapist licensed in accordance with chapter 36-33; or

(d) A certified social worker licensed in accordance with chapter 36-26; or

(2) In the absence of a person who meets the qualifications set forth in subdivision (1) of this section:

(a) A person who by education, training, and experience, meets nationally recognized competencies and standards of practice in child custody evaluation, as determined by the court; or

(b) A person stipulated to by both parties and approved by the court.

Prior to the court ruling on a joint physical custody petition, either parent may request mediation pursuant to § 25-4-56.

In any case where If the court orders the parties to participate in a home study, a custody evaluation, or custody mediation, the court shall allocate the costs of the same between the parties.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.

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