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Substitute House Bill No. 5575

Public Act No. 18-177

AN ACT CONCERNING THE APPOINTMENT OF A QUALIFIED, LICENSED HEALTH CARE PROFESSIONAL TO PROVIDE TREATMENT OR AN EVALUATION IN CONNECTION WITH A FAMILY RELATIONS MATTER.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2018) (a) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a parent undergo treatment from a qualified, licensed health care provider, the court shall permit the parent to select a qualified, licensed health care provider to provide such treatment.

(b) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a child undergo treatment from a qualified, licensed health care provider, the court shall permit the parent or legal guardian of such child to select a qualified, licensed health care provider to provide such treatment. Except in a case where one of the parents has been awarded sole custody, if both parents do not agree on the selection of a qualified, licensed health care provider to provide such treatment to a child, the court shall continue the matter for two weeks to allow the parents an opportunity to jointly select a qualified, licensed health care provider. If after the two-week period, the parents have not reached an agreement on the selection of a qualified, licensed health care provider, the court shall select such provider after giving due consideration to the health insurance coverage and financial resources available to such parents.

(c) (1) In a family relations matter, as defined in section 46b-1 of the general statutes, if the parties agree or if a court orders that a parent or child undergo an evaluation from a qualified, licensed health care provider, the court shall first make a finding that the parties have the financial resources to pay for such evaluation.

(2) If the court has determined that an evaluation can be undertaken and a qualified, licensed health care provider has been selected to perform the evaluation, the court's order for an evaluation shall contain the name of each provider who is to undertake the evaluation, the estimated cost of the evaluation, each party's responsibility for the cost of the evaluation, the professional credentials of each provider and the estimated deadline by which such evaluation shall be completed and submitted to the court.

(3) Not later than thirty days after the date of completion of such evaluation, the provider shall file a report containing the results of the evaluation with the clerk of the court, who shall seal such report.

Sec. 2. Section 46b-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Whenever, in any family relations matter, including appeals from the Superior Court, an investigation or evaluation has been ordered, the case shall not be disposed of until the report of the investigation or evaluation has been filed as hereinafter provided, and counsel and the parties have had a reasonable opportunity to examine it prior to the time the case is to be heard. Any report of an investigation or evaluation shall be filed with the clerk and mailed to counsel and self-represented parties of record.

Approved June 14, 2018