🟡Relating to the qualifications, communications, and recordkeeping of a child custody evaluator and the admissibility of a child custody evaluation under certain circumstances
HB 2340
🟡 HB 2340: Uneven Custody Protections for Children with Disabilities
What it says it does:
HB 2340 requires child custody evaluators to complete special training on how to serve children with intellectual or developmental disabilities. It also updates recordkeeping, redaction, and disclosure rules for custody evaluations filed with Texas courts.
What it actually changes:
The bill shifts key details. Instead of requiring training on all disability topics, it now allows evaluators to cover any topic within that category. It also changes when records must be shared and adds new exemptions, meaning families may no longer see all the information used in an evaluation. Certain counties are exempted if no trained evaluator is available, creating uneven protections across Texas.
Who is pushing for it:
Filed by Rep. Will Metcalf (R-HD16) and carried in the Senate by Sen. Judith Zaffirini (D-SD21). Support came mainly from members of the judiciary, including Judge Claudia Laird of Conroe.
Who benefits:
Court-appointed custody evaluators gain legal protection and reduced liability, since fewer of their records can be challenged. Judges and domestic relations offices gain discretion to decide when untrained evaluators may still be used.
Who gets left out or exposed:
Families in rural and border counties lose equal safeguards, because untrained evaluators can still submit reports. Parents and attorneys have less access to underlying evidence due to broader record exemptions. Children with disabilities in those regions face inconsistent evaluation standards.
Why this matters long term:
HB 2340 began with a good goal but ended up building uneven protections and less transparency. It sets a precedent for “headline” reforms that sound protective while concentrating discretion in professionals and courts instead of families.
What to watch next:
Future bills may copy this model, using selective training requirements or regional exceptions to appear inclusive while eroding equal standards statewide. Lawmakers could fix this by reinstating full training coverage and uniform application across all counties.
Bottom line:
HB 2340 started as a strong idea to protect children with disabilities but was weakened through amendments. The result is a two-tier system of justice that depends on where a family lives and how much information they are allowed to see.
#HB2340 #TexasPolicy #FamilyLaw #DisabilityRights #WatchTheRules