Regulation .05 Standards of Practice in Conducting a Child Custody Evaluation.
Regulation .05 Standards of Practice in Conducting a Child Custody Evaluation.LinkCopy Citation
A.
In order to determine legal and physical custody arrangements that serve the child’s best interests, a psychologist conducting a child custody evaluation shall:
(1)
Assess the following:
(a)
Parenting skills and capacities of the adults; and
(b)
The child’s psychological functioning and developmental needs;
(2)
Use multiple methods of data gathering, including, but not limited to:
(a)
Individually interviewing and assessing each party and each child, if age appropriate;
(b)
Observing the interactions of the child with each parental figure, in the respective households, whenever possible; and
(c)
Requesting and assessing additional relevant information whenever possible, such as:
(i)
Third-party interviews;
(ii)
Medical records;
(iii)
School records; and
(iv)
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 recommendations on the needs and best interests of the child, as supported by the:
(a)
Evaluation data; and
(b)
Applicable law;
(6)
Create and maintain professional records in accordance with COMAR 10.36.05;
(7)
Include appropriate disclaimers regarding the limitations of the recommendations, such as:
(a)
Unavailability of information;
(b)
Lack of cooperation of the parties;
(c)
Lack of compliance with court orders; or
(d)
Inconclusive assessment data; and
(8)
Decline to conduct the evaluation as set forth in COMAR 10.36.05 if the psychologist feels that the psychologist’s objectivity would be impaired.
B.
In the event a psychologist determines sufficient information is not available, the psychologist may decline to make recommendations.
C.
A psychologist performing a child custody evaluation may not:
(1)
Engage in multiple relationships with any of the parties to the pending child custody proceeding, including serving as a:
(a)
Mediator;
(b)
Therapist;
(c)
Life coach;
(d)
Parenting coordinator; or
(e)
Litigation consultant; or
(2)
Render an opinion concerning the psychological functioning or custodial fitness of a individual involved in the custody proceeding who has not been personally evaluated by the psychologist during the current child custody evaluation.