West Virginia Code § 55-7-21

Creating presumption of good faith for court-appointed licensed
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psychologists and psychiatrists conducting a child custody evaluation; method for
assigning court and legal fees.
(a) A licensed psychologist or licensed psychiatrist who has been appointed by a court to
conduct a child custody evaluation in a judicial proceeding shall be presumed to be acting in
good faith if the evaluation has been conducted consistent with standards esetablished by the
American psychological association's guidelines for child custody evaluations in divorce
proceedings. r
(b) No complaint to a licensing or accrediting entity against a couurt-appointed licensed
psychologist or psychiatrist relating to a child custody evaluation shall be considered if it is
filed anonymously and does not include the full name, addretss and telephone number of the
complainant.
(c) Any action filed against a licensed psychologist or licensed psychiatrist alleging tortious
conduct related to evidence provided while acting als a court-appointed expert in a child
custody matter shall contain a recitation of a sspecific allegation of breaches of American
psychological association's guidelines for child custody evaluations in divorce proceedings.
Failure to specifically plead such violations shall be cause for dismissal of the action.
(d) Any licensed psychologist or licensed psychiatrist who is named in a civil action as a
defendant because of his or her performance of a child custody evaluation while acting as a
court-appointed expert and who prevails due to a finding that he or she acted consistently
with the American psychological association's guidelines shall be entitled to reimbursement
of all reasonable costs and attorneys fees expended.

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