Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 140 - HEALTH PROFESSIONS REGULATION
Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS
Section 140.434 - Prohibition Related to Child Custody and Adoption Evaluations

Universal Citation: 25 TX Admin Code ยง 140.434

Current through Reg. 49, No. 38; September 20, 2024

(a) An individual who holds a license as an LCDC does not have a license required under Family Code, § 107.104(b)(1) (relating to Child Custody Evaluator: Minimum Qualifications) or under Family Code, § 107.154(b)(1) (relating to Adoption Evaluator: Minimum Qualifications), to qualify the LCDC under those subsections, as a licensee, to conduct a child custody or adoption evaluation. An LCDC is prohibited from conducting a child custody evaluation under Family Code, Chapter 107, Subchapter D (relating to Child Custody Evaluation), and as defined therein, except as described in subsection (b) of this section, and from conducting an adoption evaluation under Family Code, Chapter 107, Subchapter E (relating to Adoption Evaluation), and as defined therein, except as described in subsection (b) of this section.

(b) An individual who holds a license as an LCDC may conduct a child custody evaluation under Family Code, Chapter 107, Subchapter D, or an adoption evaluation under Family Code, Chapter 107, Subchapter E, §§ 107.151-107.163, only if the individual is acting consistent with the applicable Subchapter and subsection (a) of this section, and is:

(1) otherwise qualified by law to conduct such an evaluation; or

(2) appointed by a court to conduct the evaluation under Family Code, § 107.106 (relating to Exception to Qualifications Required to Conduct Child Custody Evaluation) or under Family Code, § 107.155 (relating to Exception to Qualifications Required to Conduct Adoption Evaluation).

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