Mediation and counseling services: discipline and immunity.

Existing law requires a court to set a case for mediation when child custody or visitation is at issue and authorizes a court to require parents, or other parties involved in a child custody or visitation dispute, to participate in outpatient counseling with a licensed mental health professional when it would be in the best interest of the child, as specified. This bill would specify that a mediator and a licensed mental health professional are not liable for damages for an act or omission constituting ordinary negligence that occurs on or after January 1, 2012, during the performance of the above-described mediation and counseling services. The bill would prohibit a person from making a complaint to the board that issued a license to practice to the mediator or licensed mental health professional regarding the provision of those services and would, instead, require that the complaint be made to the court that set the matter for mediation or that required outpatient counseling. The bill would require the court to refer the matter to the licensing board for disciplinary action if it found unprofessional conduct on the part of the mediator or licensed mental health professional.