AAML CUSTODY EVALUATIONS STANDARDS (9 QUESTIONS) Flashcards
What is section 1 of the AAML Child Custody Evaluation Standard?
- TRAINING, EDUCATION & COMPETENCY ISSUES
What is section 1.1 of the AAML Child Custody Evaluation Standard?
1.1 CUSTODY EVALUATIONS AS A SPECIALIZATION
What is required under 1.1 of the AAML Child Custody Evaluation Standard “ CUSTODY EVALUATIONS AS A SPECIALIZATION”?
A custody evaluator should have specialized knowledge and training in topics related to child custody and should keep abreast of the ever evolving research in the field.
What is section 1.2 of the AAML Child Custody Evaluation Standard?
1.2 EDUCATION, TRAINING AND EXPERIENCE
What is required under 1.2 of the AAML Child Custody Evaluation Standard EDUCATION, TRAINING AND EXPERIENCE?
Custody evaluators shall possess appropriate education and training.
Custody evaluators should have at least a master’s degree in a mental health field that includes formal education in the legal, social, familial and cultural issues involved in custody and parenting time decisions.
Custody evaluators who have fewer than three years experience in conducting custody evaluations and have conducted fewer than 20 custody evaluations should seek ongoing supervision from an experienced custody evaluator prior to offering to perform or accepting appointments to conduct custody evaluations.
Are custody evaluators automatically required to inform all recipients of their services about relevant aspects of the nature and extent of their experience, training, credentials and qualifications?
Upon request, custody evaluators should adequately and accurately, inform all recipients of their services about relevant aspects of the nature and extent of their experience, training, credentials, and qualifications.
What is section 2 of the AAML Child Custody Evaluation Standard?
- COMMUNICATION WITH LITIGANTS, ATTORNEYS & COURTS
What is section 2.1 of the AAML Child Custody Evaluation Standard?
2.1 POLICIES, PROCEDURES AND FEES
What is required under 2.1 of the AAML Child Custody Evaluation Standard POLICIES, PROCEDURES AND FEES?
Custody evaluators should communicate their policies regarding their procedures in conducting custody evaluations.
They should provide detailed written information concerning their policies, procedures, scope of services, time frame of services, and fees.
In the portion of the document in which fees are outlined, it should be made clear that the services to be rendered are forensic in nature.
How should a custody evaluator inform children of their limits of confidentiality?
Using language the child has the capacity to understand.
What is section 2.2 of the AAML Child Custody Evaluation Standard?
2.2 INFORMED CONSENT – PARTIES
What is required under 2.2 of the AAML Child Custody Evaluation Standard NFORMED CONSENT – PARTIES?
2.2: Custody evaluators should take steps to ensure that parties from whom information is sought know and understand the potential uses of the information that they are providing.
Any document given to the custody evaluator by an attorney or a party shall also be immediately given to the other side. The custody evaluator will inform each attorney of documents received from the parties. Documents provided to the custody evaluator are not privileged.
If a party is ordered by the court to participate, the custody evaluator can conduct the examination over the objection, and without the consent, of the party. If the party declines to proceed after being notified of the nature and purpose of the custody evaluation, the custody evaluator may, as appropriate, attempt to conduct the examination, postpone the examination, advise the party to contact his or her attorney, or notify the attorneys and/or court of the party’s unwillingness to proceed.
What is section 2.3 of the AAML Child Custody Evaluation Standard?
2.3 INFORMED CONSENT – COLLATERAL CONTACTS
What is required under 2.3 of the AAML Child Custody Evaluation Standard NFORMED CONSENT – COLLATERAL CONTACTS?
2.3:
The custody evaluator should obtain explicit authorization from the parties for the custody evaluator to contact collateral sources unless the authority is provided in the order appointing the custody evaluator or is statutorily provided. The custody evaluator should inform collateral sources that the information that is being discussed between the collateral sources and the custody evaluator is not confidential.
The custody evaluator should inform collateral sources that the information that is being discussed between the collateral sources and the custody evaluator is not confidential.
Documents provided to the custody evaluator by collateral sources are not privileged and the parties will either receive copies of the documents or a list of documents received from collateral sources.
What is section 2.4 of the AAML Child Custody Evaluation Standard?
2.4 EX PARTE COMMUNICATION
What is required under 2.4 of the AAML Child Custody Evaluation Standard EX PARTE COMMUNICATION?
Custody evaluators should refrain from ex parte communications about a case with the court or with the attorneys representing the parties, except in extraordinary circumstances.
From the time that the custody evaluator learns of their assignment until the time that the custody evaluation has been completed and their report has been submitted, custody evaluators shall avoid ex parte communication with the court and with any of the attorneys representing the parties regarding substantive matters. Ex parte communication is permissible only as to administrative or procedural matters.
Upon the release of the report, there shall be no ex parte communications between the custody
evaluator and an attorney or a party unless expressly agreed upon by the attorneys and the evaluator. Preparing the custody evaluator for testimony at trial is not considered inappropriate ex parte communication
What is section 3 of the AAML Child Custody Evaluation Standard?
- INTERIM RECOMMENDATIONS
What is required under interim recommendations?
Custody evaluators should refrain from making interim recommendations, except in extraordinary circumstances.
Unless agreed to by the attorneys, by court order, or by agreement of the parties, or except in extraordinary circumstances, and unless the custody evaluator has the necessary information,
the custody evaluator should refrain from making an interim recommendation.
What is section 4 of the AAML Child Custody Evaluation Standard?
- DATA GATHERING
What is section 4.1 of the AAML Child Custody Evaluation Standard?
4.1 ESTABLISHING THE SCOPE OF THE EVALUATION
What is required under 4.1 of the AAML Child Custody Evaluation Standard ESTABLISHING THE SCOPE OF THE EVALUATION?
4.1: The scope of the custody evaluation should be delineated in a court order or in a signed stipulation by the parties and their counsel.
What is section 4.2 of the AAML Child Custody Evaluation Standard?
4.2 COMMITMENT TO ACCURACY
What is required under 4.2 of the AAML Child Custody Evaluation Standard COMMITMENT TO ACCURACY?
4.2: Custody evaluators should strive to be accurate, objective, fair, balanced, and independent in gathering their data and should be prepared to defend decisions made by them concerning their methodology.
What is section 4.3 of the AAML Child Custody Evaluation Standard?
4.3 USE OF DIVERSE METHODS
What is required under 4.3 of the AAML Child Custody Evaluation Standard USE OF DIVERSE METHODS ?
4.3:
Custody evaluators should use multiple data gathering methods in order to enhance accuracy and objectivity.
Custody evaluators should employ optimally diverse and accurate methods for addressing the questions raised in a specific custody evaluation. Direct methods of data gathering typically include such components as psychological testing, clinical interviews, and behavioral observation.
Custody evaluators should seek documentation from a variety of sources (e.g. schools, health care providers, child care providers, agencies, and other institutions), and should attempt to gain information from the extended family, friends, and acquaintances, as well as other collateral sources when the resulting information is likely to be relevant.
What is section 4.4 of the AAML Child Custody Evaluation Standard?
4.4 USE OF A BALANCED PROCESS
What is required under 4.4 of the AAML Child Custody Evaluation Standard UUSE OF A BALANCED PROCESS?
4.4:
Custody evaluators should use a balanced process in order to increase objectivity, fairness and independence.
In the interest of fairness and sound methodology, custody evaluators should ensure that any allegation that the custody evaluator is likely to consider in formulating his or her opinion will be brought to the attention of the party against whom the allegation is directed so that the party is afforded an opportunity to respond. Where circumstances warrant a departure from the foregoing standard, the reasons therefore should be articulated.
Custody evaluators should provide a complete statement of all relevant opinions formed, the basis and reasoning underlying those opinions, the salient data or other information considered, and an indication of any additional evidence that may be used in support of the opinion offered.
What is section 4.5 of the AAML Child Custody Evaluation Standard?
4.5 USE OF RELIABLE AND VALID METHODS
What is required under 4.5 of the AAML Child Custody Evaluation Standard USE OF RELIABLE AND VALID METHODS?
4.5:
Custody evaluators should use empirically-based methods and procedures of data collection.
What should custody evaluators be aware of in the selection of methods and procedures for data collection?
Custody evaluators should be aware that the use of greater numbers of instruments (particularly when some of those instruments may be of questionable reliability or validity) does not necessarily produce more reliability and validity in the data set.
What should custody evaluators be mindful of when offering opinions?
Custody evaluators should be mindful of evidentiary standards in their jurisdiction and of the importance of reliability, validity and relevance to their specific tasks and should consider multiple factors, including, but not limited to:
- Possessing the necessary skill, knowledge, experience, training and education in the areas that fall within the scope of their evaluations;
- Refraining from offering theories and hypotheses that have not been subjected to peer review or publication;
- Avoiding the application of theories or techniques that are not considered generally accepted within the psychological community;
- Avoiding opinions that rely too heavily on their subjective interpretation;
- Avoiding opinions and theories that have not been sufficiently tested within the psychological community; and
- Remaining familiar with literature within their field of expertise, but especially in the area in which they plan to offer opinions.
In the event of any deviation from the principles set forth above, the custody evaluator shall be prepared to set forth the rationale for such deviation.
What is section 4.6 of the AAML Child Custody Evaluation Standard?
4.6 ASSESSMENT OF PARENTS AND PARENTING FIGURES
What is required under 4.6 of the AAML Child Custody Evaluation Standard ASSESSMENT OF PARENTS AND PARENTING FIGURES?
4.6:
Custody evaluators should assess each parent and all adults who perform a caretaking role and/or live in the residence with the children.
Custody evaluators should only provide written or oral evidence about the psychological characteristics of particular individuals when they have sufficient information or data to form an adequate foundation for those opinions or to substantiate their findings. Custody evaluators should make reasonable efforts to obtain such information or data, and they should document their efforts to obtain it. When it is not possible or feasible to examine individuals about whom they are offering an opinion, custody evaluators should make clear the impact of such limitations on the reliability and validity of their professional products, opinions, or testimony.
Custody evaluators shall not offer opinions regarding individuals they have not directly evaluated.
Custody evaluators may offer opinions in response to hypothetical questions so long as the limited basis of the question is noted.
What is section 4.7 of the AAML Child Custody Evaluation Standard?
4.7 ASSESSMENT OF CHILDREN
What is required under 4.7 of the AAML Child Custody Evaluation Standard ASSESSMENT OF CHILDREN?
4.7:
Custody evaluators should individually assess each child who is the subject of the evaluation.
Custody evaluators should describe the manner in which information concerning a child’s stated perceptions and/or preferences were obtained and should specify the weight given by the custody evaluator to the child’s stated preference.
What is section 4.8 of the AAML Child Custody Evaluation Standard?
4.8 PARENT - CHILD OBSERVATIONS