| (a) In General.
(1) A licensee who provides services concerning a matter
which the licensee knows or should know will be utilized in a legal
proceeding, such as a divorce, child custody determination, fitness
for duty evaluation for high risk personnel, disability claim, or
risk assessment evaluations of employees, must comply with all applicable
Council rules concerning forensic services regardless of whether the
licensee is acting as a factual witness or an expert.
(2) Licensees who engage in forensic services must
have demonstrated appropriate knowledge of and competence in all underlying
areas of psychology about which they provide such services.
(3) All forensic opinions, reports, assessments, and
recommendations rendered by a licensee must be based on information
and techniques sufficient to provide appropriate substantiation for
each finding.
(4) When appointed or designated in writing by a court
to provide psychological services, a licensee shall obtain and keep
a copy of the court order.
(5) When providing forensic psychological services
to a minor who is the subject of a court order or the ward of guardianship,
a licensee shall obtain and keep a copy of the relevant portions of
any court order, divorce decree, or letters of guardianship authorizing
the individual to provide substitute consent on behalf of the minor
or ward.
(b) Limitation on Services.
(1) A licensee who is asked to provide an opinion concerning
an area or matter about which the licensee does not have the appropriate
knowledge and competency to render a professional opinion shall decline
to render that opinion.
(2) A licensee who is asked to provide an opinion concerning
a specific matter for which the licensee lacks sufficient information
to render a professional opinion shall decline to render that opinion
unless the required information is provided.
(3) A licensee shall not render a written or oral opinion
about the psychological characteristics of an individual without conducting
an examination of the individual unless the opinion contains a statement
that the licensee did not conduct an examination of the individual.
(4) A written or oral opinion about the psychological
characteristics of an individual rendered by a licensee who did not
conduct an examination of that individual must contain clarification
of the extent to which this limits the reliability and validity of
the opinion and the conclusions and recommendations of the licensee.
(5) When seeking or receiving court appointment or
designation as an expert for a forensic evaluation a licensee specifically
avoids accepting appointment or engagement for both evaluation and
therapeutic intervention for the same case. A licensee provides services
in one but not both capacities in the same case.
(c) Describing the Nature of Services. A licensee must
document in writing that subject(s) of forensic evaluations or their
parents or legal representative have been informed of the following:
(1) The nature of the anticipated services (procedures);
(2) The specific purpose and scope of the evaluation;
(3) The identity of the party who requested the psychologist's
services;
(4) The identity of the party who will pay the psychologist's
fees and if any portion of the fees is to be paid by the subject,
the estimated amount of the fees;
(5) The type of information sought and the uses for
information gathered;
(6) The people or entities to whom psychological records
will be distributed;
(7) The approximate length of time required to produce
any reports or written results;
(8) Applicable limits on confidentiality and access
to psychological records;
(9) Whether the psychologist has been or may be engaged
to provide testimony based on the report or written results of forensic
psychological services in a legal proceeding; and
(10) The licensee's name as it appears in their professional
file with the Council prior to initiating services.
(d) Certain Testimony Prohibited.
(1) A licensee may not offer an expert opinion or recommendation
relating to the conservatorship of or possession of or access to a
child unless the licensee has conducted a child custody evaluation.
(2) In a contested suit, a licensee may provide other
relevant information and opinions, other than those prohibited by
paragraph (1) of this subsection, relating to any party that the licensee
has personally evaluated or treated.
(3) This subsection does not apply to a suit in which
the Department of Family and Protective Services is a party.
(e) Child Custody Evaluations.
(1) The role of the child custody evaluator is one
of professional expert. A licensee serving as a child custody evaluator
shall not function as an advocate, but must remain impartial and objective.
Licensees conducting child custody evaluations, including those licensees
appointed by a court, are subject to the Council's jurisdiction and
must follow all applicable Council rules.
(2) The term "supervision" as used in this subsection
shall have the meaning assigned by §107.101 of the Family Code.
However, the term shall not encompass the restrictions and requirements
set forth in §465.2 of this title (relating to Supervision) nor
shall a licensee providing supervision under this subsection have
supervisory responsibility under that same rule.
(3) Minimum Qualifications of Child Custody Evaluator.
(A) A licensee must be qualified to conduct a child
custody evaluation pursuant to §107.104 of the Family Code before
the licensee may conduct an evaluation. Licensees qualified to conduct
evaluations under §107.104(b)(2) must conduct evaluations under
supervision in accordance with that section.
(B) Notwithstanding any other grounds for qualification,
the Council has determined that a licensed psychologist is qualified
to conduct child custody evaluations if the licensee:
(i) has obtained a minimum of 8 professional development
hours directly related to the performance of child custody evaluations
since becoming a licensed psychologist, and is board certified in
forensic psychology by the American Board of Professional Psychology
(ABPP); or
(ii) has obtained a minimum of 40 professional development
hours directly related to the performance of child custody evaluations
since becoming a licensed psychologist, and has conducted at least
three child custody evaluations under the supervision of a qualified
licensee.
(C) A licensee who does not meet the minimum qualification
requirements set forth in §107.104 of the Family Code, may nevertheless
conduct a child custody evaluation if:
(i) appointed to do so pursuant to §107.106 of
the Family Code. A licensee appointed under §107.106 must comply
with the provisions of Subchapter D of the Family Code and this rule;
or
(ii) the individual is licensed as a psychologist,
and has completed at least ten social studies or other child custody
evaluations ordered by a court in suits affecting the parent-child
relationship prior to September 1, 2015.
(D) If requested by a court, a licensee selected to
conduct or who is conducting a child custody evaluation must demonstrate
appropriate knowledge and competence in child custody evaluation services
consistent with professional models, standards, and guidelines.
(E) In addition to the minimum qualifications set forth
by this rule, an individual must complete at least eight hours of
family violence dynamics training provided by a family violence service
provider to be qualified to conduct child custody evaluations.
(4) Disclosure of Conflicts and Bias.
(A) Licensees shall comply with all disclosure requirements
set forth in §107.107 of the Family Code.
(B) Following any disclosure required by §107.107(c),
a licensee must resign as child custody evaluator, unless:
(i) the court finds that no conflict of interest exists
and that any previous knowledge of a party or child who is the subject
of the suit is not relevant; or
(ii) the parties and any attorney for a child who is
the subject of the suit agree in writing to the licensee's continued
appointment as the child custody evaluator.
(C) Except as authorized by §107.107(f), licensees
may not accept appointment as a child custody evaluator if they have
worked in a professional capacity with a party, a child who is the
subject of the suit, or a member of the party's or child's family.
The term "family" as used in this subpart has the meaning assigned
by §71.003 of the Family Code.
(5) Elements of Child Custody Evaluation.
Cont'd... |
