Relating to child custody evaluations; creating an offense.

No significant fiscal implication to the State is anticipated.

This bill would grant a child custody evaluator access to any records that relate to any person residing in a residence that is subject to a child custody evaluation. If this bill passes, they may seek information from local law enforcement, a criminal justice agency, a juvenile justice agency, and/or any other government entity. The information that that evaluator seeks in not subject to the state’s open records laws, and they may disclose the contents of those records only to the extent that the information is relevant to the child custody evaluation. If the evaluator recklessly discloses personal information they would be subject to a Class A misdemeanor. This bill also exempts child custody evaluators from civil liability for damages arising from an action, decision, or opinion of the evaluator. 

It is well within the proper role of government to grant access to certain criminal records when considering child custody cases. However, this bill does not have a measurable impact on our liberty principles, therefore we will remain neutral.