PART III. CHILD CUSTODY
SUBPART A. EVALUATION AND MEDIATION
§331. Custody or visitation proceeding; evaluation by licensed mental health professional
A. The court may order an evaluation of a party or the child in a custody or visitation
proceeding for good cause shown. The evaluation shall be made by a licensed mental health
professional selected by the parties or by the court. The court may render judgment for costs
of the evaluation, or any part thereof, against any party or parties, as it may consider
equitable.
B. The court may order a party or the child to submit to and cooperate in the
evaluation, testing, or interview by the licensed mental health professional. The licensed
mental health professional shall provide the court and the parties with a written report. The
licensed mental health professional shall serve as the witness of the court, subject to
cross-examination by a party.
C. "Licensed mental health professional" as used in this Chapter means a person who
possesses at least a master's degree and who is licensed in counseling, social work,
psychology, marriage and family counseling, or exempt from licensing requirements pursuant
to R.S. 37:1113 and 1121.
D. When a licensed mental health professional has been appointed by the court, there
shall be no ex parte communication by the litigants or their attorneys with the licensed
mental health professional unless authorized by law or court order or agreed to by the parties.
All oral communication with the licensed mental health professional shall be by
teleconference or meeting in which each party to the proceeding participates either through
the party's attorney or as a self-represented litigant. All written communication or
correspondence to the licensed mental health professional, along with any attachments
thereto, shall be provided contemporaneously to all parties to the litigation or their attorneys
of record. Communications initiated by the licensed mental health professional with a
litigant for the purpose of conducting the court-ordered evaluation shall not be considered
ex parte communications prohibited by this Subsection.
Acts 1993, No. 261, §5, eff. Jan. 1, 1994; Acts 2022, No. 614, §1.