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2022 Louisiana Laws
Revised Statutes
Title 9 - Civil Code-Ancillaries
§9:331. Custody or visitation proceeding; evaluation by licensed mental health professional

Universal Citation: LA Rev Stat § 9:331 (2022)
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RS 9:331 - 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.

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