(a) In accordance with the Texas Family Code, §153.601(3), "parenting coordinator" means an impartial third party:      
        (1) who, regardless of the title by which the person is designated by the court, performs any function described in the Texas Family Code, §153.606, in a suit affecting the parent-child relationship; and       
        (2) who:                  (A) is appointed under Texas Family Code, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting Facilitator) by the court on its own motion, or on a motion or agreement of the parties, to assist parties in resolving parenting issues through confidential procedures; and                   (B) is not appointed under another statute or a rule of civil procedure.         
      (b) A licensee who serves as a parenting coordinator is not acting under the authority of a license issued by the council, and is not engaged in the practice of marriage and family therapy. The services provided by the licensee who serves as a parenting coordinator are not within the jurisdiction of the council, but rather the jurisdiction of the appointing court.     
      (c) A licensee who serves as a parenting coordinator has a duty to provide the information in subsection (b) of this section, to the parties to the suit.     
      (d) Records of a licensee serving as a parenting coordinator are confidential under the Texas Civil Practices and Remedies Code, §154.073. Licensees serving as a confidential parenting coordinator shall comply with the Texas Civil Practices and Remedies Code, Chapter 154, relating to the release of information.     
      (e) A licensee may not provide marriage and family therapy services to any person while simultaneously providing parenting coordination services. The foregoing rule does not apply if the court enters a finding that mental health services are not readily available in the location where the parties reside.     
     Source Note:        The provisions of this §801.55 adopted to be effective October 5, 2020, 45 TexReg 7024