# COMAR Title 10 — Maryland Department of Health

## Subtitle 36 — Board of Examiners of Psychologists

### Chapter 09 — Child Custody Evaluations in Family Law Proceedings

#### Regulation .05 Standards of Practice in Conducting a Child Custody Evaluation.

*COMAR 10.36.09.05*

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.