18-206 Child Custody Evaluations Flashcards
What shall a psychologist do to prepare for a child custody evaluation?
1) obtain a copy of court order OR an agreement signed by the parties.
2) review the scope of the evaluation as defined by the court’s order or the signed agreement and insure that the order is consistent with the provisions of this chapter.
3) obtain the necessary signed informed consent from the parties.
What is the scope of this chapter (whom does it NOT apply to)?
What are definitions of:
“Child”
“Child custody evaluation”
“Child custody proceeding”
This chapter does not apply to Child in Need of Assistance (CINA) proceedings; Dept. of Juvenile Services proceedings; or Termination of Parental Rights proceedings.
= an individual younger than 18 years
= an assessment performed by a psychologist in order to render findings and recommendations regarding custody or visitation that are in the best interest of a child
= a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue
For a child custody evaluation, what shall the necessary signed consent from the parties include? 5 things.
1) the scope of the custody evaluation
2) the process for conducting the child custody evaluation
3) limits to confidentiality
4) the basis and rate of fees and expenses for which the client will be responsible
5) the timeline on which payments are due to the psychologist
What are 3 standards of competence necessary to conduct child custody evaluations?
1) a psychologist shall have education, training, experience, or supervision in the following 4 areas:
1) Child & adult development and psychopathology; 2) family dynamics and psychopathology, including the impact of divorce; 3) Maryland law governing divorce, child custody proceedings, child abuse and neglect, and family violence; and 4) performing psychological assessments of children, adults, and families.
2) shall have competence to effectively address common issues that may arise in conducting child custody evaluations, such as:
Age, disability, gender, ethnicity, gender identity, language, national origin, race, religion, culture, sexual orientation, and SES.
3) shall have an awareness of the literature relevant to conducting child custody evaluations.
In order to determine legal and physical custody arrangements that serve the child’s best interests, a psychologist shall:
1) assess: parenting skills and capacities of the adults; and the child’s psychological functioning and developmental needs.
2) use multiple methods of data gathering, including: individually interviewing and assessing each party and each child, if age appropriate; observing the interactions of the child with each parental figure, in their respective households when possible; requesting and assessing additional relevant information when possible such as: third-party interviews, medical records, school records, and legal documents.
3) remain impartial and objective.
4) interpret assessment data and clinical information in a manner consistent with current standards of practice.
5) base recs on the needs and best interests of the child, as supported by the evaluation data and applicable law.
6) create and maintain professional records in accordance with COMAR 10.36.05.
7) include appropriate disclaimers regarding the limitations of the recs, such as: unavailability of info; lack of cooperation of parties; lack of compliance with court orders; or inconclusive assessment data.
8) decline to conduct the evaluation if the psychologist feels that his/her objectivity would be impaired.
What are 2 other standards of competence for conducting child custody evaluations?
1) if the psychologist determines that there is insufficient info available, the psychologist may decline to make recs.
2) a psychologist may NOT: a) engage in multiple relationships with any of the parties to the pending child custody proceeding, including serving as a: mediator; therapist; life coach; parenting coordinator; or litigation consultant. OR
b) render an opinion concerning the psychological functioning or custodial fitness of a parent (i.e., an individual involved in the custody proceeding) who has NOT been personally evaluated by the psychologist during the current child custody evaluation.
