81-9-104. Expert evidence -- Violence or abuse findings -- Child relationship and reunification -- Court-ordered mental health treatment.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(i)"Child custody proceeding" means a civil proceeding between the parents of a minor child that involves the care or custody of the minor child, including proceedings involving:

(A)divorce;

(B)separation;

(C)parent-time;

(D)paternity;

(E)child support; or

(F)legal or physical custody of the minor child.

(ii)"Child custody proceeding" does not include:

(A)a child protective, abuse, or neglect proceeding;

(B)a juvenile justice proceeding; or

(C)a child placement proceeding in which a state, local, or tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding.

(b)"Forensic" means professional activities undertaken in accordance with a court order or for use in litigation, including the evaluation or treatment of a parent, minor child, or other individual who is involved in a child custody proceeding.

(c)"Reunification treatment" means a treatment or therapy aimed at reuniting or reestablishing a relationship between a minor child and an estranged or rejected parent or other family member of the minor child.

(2)In a child custody proceeding, if a parent is alleged to have committed domestic violence or abuse, including sexual abuse:

(a)the court may admit expert evidence from a court-appointed or outside professional relating to alleged domestic violence or abuse only if the professional possesses demonstrated expertise and adequate experience in working with victims of domestic violence or abuse, including sexual abuse, that is not solely of a forensic nature; and

(b)in making a finding regarding an allegation of domestic violence or abuse, including sexual abuse, the court shall consider evidence of past domestic violence, sexual violence, or abuse committed by the accused parent, including:

(i)any past or current protective order against the accused parent; or

(ii)any charge, arrest, or conviction of the accused parent for domestic violence, sexual violence, or abuse.

(3)Subsection

(2)does not preclude the court from:

(a)admitting expert evidence, subject to rules of evidence, from a court-appointed or outside professional relating to issues other than alleged domestic violence or abuse; or

(b)admitting evidence, subject to rules of evidence, that is discovered or otherwise becomes available through treatment or therapy after the court enters an order of custody or parent-time.

(4)As part of a child custody proceeding, a court may not, solely to improve a deficient relationship between a parent and a minor child, including in the context of reunification treatment:

(a)remove the minor child from a parent or litigating party:

(i)who is competent and not physically or sexually abusive; and

(ii)with whom the minor child is bonded; or

(b)restrict reasonable contact between the minor child and a parent or litigating party:

(i)who is competent and not physically or sexually abusive; and

(ii)with whom the minor child is bonded.

(5)As part of a child custody proceeding where the court has reasonable cause to believe that there is domestic violence, child abuse, or an ongoing risk to the child:

(a)a court may not order a reunification treatment or program unless there is generally accepted proof:

(i)of the physical and psychological safety, effectiveness, and therapeutic value of the reunification treatment; and

(ii)that the reunification treatment is not associated with causing harm to a child;

(b)a court may not order a reunification treatment that is predicated on cutting off a minor child from a parent:

(i)who is competent and not physically or sexually abusive; and

(ii)with whom the minor child is bonded;

(c)any order to remediate the resistance of a minor child to have contact with a violent or abusive parent shall primarily address the behavior of that parent or the contributions of that parent to the resistance of the minor child; and

(d)any order to a parent who meets the criteria in Subsections (5)(b)(i) and

(ii), and that requires the parent to take steps to potentially improve the minor child's relationship with a violent or abusive parent, shall:

(i)prioritize the minor child's physical and psychological safety and needs; and

(ii)be narrowly tailored to address specific behavior.

(6)Subject to Subsection

(4), Subsection

(5)does not preclude the court from ordering mental health treatment by a licensed mental health professional that is generally accepted by and meets the standards of practice for mental health professions if:

(a)the court does not have reasonable cause to believe that there is domestic violence, child abuse, or an ongoing risk to the child; and

(b)the treatment does not pose a risk to the child or parent.

(a)Except as provided in Subsection (7)(b) , the parents shall, by mutual agreement, select a licensed mental health professional to provide mental health treatment if the court orders mental health treatment that includes treatment of a minor child.

(b)If the parents cannot agree on a licensed mental health professional to provide mental health treatment ordered by the court:

(i)each parent shall submit to the court:

(A)a list of three licensed mental health professionals the parent recommends to provide the mental health treatment;

(B)a brief statement explaining each mental health professional's qualifications to provide the mental health treatment; and

(C)a brief statement verifying that, to the best of the parent's knowledge, the mental health professional does not have a conflict of interest with either parent or counsel for either parent; and

(ii)the court shall select a licensed mental health professional from the lists to provide the mental health treatment.

(i)When a court is required to select a licensed mental health professional as described in Subsection (7)(b) , the court shall:

(A)consider the financial ability of each parent required to participate in or pay for the mental health treatment;

(B)order mental health treatment with an in-network provider if coverage is available through an in-network provider under a health insurance plan of the minor child required to participate in mental health treatment; and

(C)to the extent practicable, select a mental health professional located near the minor child ordered to participate in mental health treatment, or near the parent primarily responsible for transporting the minor child to mental health treatment.

(ii)If the court has previously granted one of the parents exclusive or primary authority to make medical decisions for the minor child, the court shall select a mental health professional recommended by that parent, unless the court finds good cause not to give preference to that parent's recommended mental health professional.

(a)When ordering mental health treatment that includes treatment of a minor child:

(i)the court may not require:

(A)the mental health professional ordered to provide the mental health treatment to be affiliated with a specific professional organization; or

(B)a minor child to miss school during regular school hours to attend mental health treatment, unless the court determines no reasonable alternative exists; and

(ii)the court may require the mental health professional to have the training necessary to maintain the state licensure required to provide the mental health treatment.

(a)A mental health professional who provides mental health treatment to a minor child involved in a child custody proceeding may not serve in any other professional capacity in the child custody proceeding if doing so creates, or appears to create, a conflict of interest.

(b)Subsection (9)(a) applies regardless of whether the mental health treatment was ordered by the court or obtained without a court order.

Amended by Chapter 309 , 2026 General Session