In Family Law Proceedings James Davidson PhD www jamesdavidsonnet davidsonpsychmecom Ethical Behavior Leads to Reliability in Court Issue Professional ethics guide aspirational behavior for work as a counselor social worker LMFT or psychologis ID: 1029206
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1. Family Law ForumEthical Considerations for FMHAIn Family Law Proceedings James Davidson Ph.D.www. jamesdavidson.netdavidsonpsych@me.com
2. Ethical Behavior Leads to Reliability in CourtIssue: Professional ethics guide aspirational behavior for work as a counselor, social worker, LMFT or psychologistIssue: Forensic ethics guide aspirational behavior for the general conduct of work with and/or for the court Issue: Model standards and guidelines (i.e. best practices) guide aspirational behavior for the conduct of specific types of work with and/or for the courtEthics = Moral principles that govern a person's behavior or an activity. Systematizing, defending, and recommending of right and wrong conduct
3. Professional Ethics CodesAmerican Counseling Association Code of Ethics 2014National Association of Social Workers Code of Ethics 2008 revisedNational Association of Forensic Social Workers Code of Ethic 1987American Association of Marriage and Family Therapists Code of Ethics 2015American Psychological Association Ethical Principles of Psychologists and Code of Conduct with 2010 AmendmentsAmerican Psychological Association Standards and Guidelines for Forensic Psychology 2013
4. Professional Ethics Codes and Forensic GuidanceAmerican Counseling Association Code of Ethics 2014E.13. Forensic Evaluation: Evaluation for Legal Proceedings E.13.a. Primary Obligations When providing forensic evaluations, the primary obligation of counselors is to produce objective ndings that can be substantiated based on information and techniques appropriate to the evalua- tion, which may include examination of the individual and/or review of records. Counselors form professional opinions based on their professional knowledge and expertise that can be supported by the data gathered in evaluations. Counselors de ne the limits of their reports or testimony, especially when an examination of the individual has not been conducted.
5. Professional Ethics Codes and Forensic GuidanceAmerican Counseling Association Code of Ethics 2014E.13.b. Consent for Evaluation Individuals being evaluated are in- formed in writing that the relationship is for the purposes of an evaluation and is not therapeutic in nature, and entities or individuals who will receive the evaluation report are identified. Counselors who perform forensic evaluations obtain written consent from those being evaluated or from their legal representative unless a court orders evaluations to be conducted without the written consent of the individuals being evaluated. When children or adults who lack the capacity to give voluntary consent are being evaluated, informed written consent is obtained from a parent or guardian.
6. Professional Ethics Codes and Forensic GuidanceAmerican Counseling Association Code of Ethics 2014E.13.c. Client Evaluation Prohibited Counselors do not evaluate current or former clients, clients’ romantic partners, or clients’ family members for forensic purposes. Counselors do not counsel individuals they are evaluating. E.13.d. Avoid Potentially Harmful Relationships Counselors who provide forensic evaluations avoid potentially harmful professional or personal relationships with family members, romantic part- ners, and close friends of individuals they are evaluating or have evaluated in the past.
7. Professional Ethics Codes and Forensic GuidanceNational Association of Social Workers Code of Ethics 2008 revisedDoes not address forensic evaluations. National Organization of Forensic Social Work Code of Ethics 1987Although 30 years old, the NOFSW code does address in detail forensic work.
8. Professional Ethics Codes and Forensic GuidanceAmerican Association of Marriage and Family Therapists Code of Ethics 2015STANDARD VII PROFESSIONAL EVALUATIONSMarriage and family therapists aspire to the highest of standards in providing testimony in various contexts within the legal system.7.1 Performance of Forensic Services.Marriage and family therapists may perform forensic services which may include interviews, consultations, evaluations, reports, and assessments both formal and informal, in keeping with applicable laws and competencies.
9. Professional Ethics Codes and Forensic GuidanceAmerican Association of Marriage and Family Therapists Code of Ethics 20157.2 Testimony in Legal ProceedingsMarriage and family therapists who provide expert or fact witness testimony in legal proceedings avoid misleading judgments, base conclusions and opinions on appropriate data, and avoid inaccuracies insofar as possible. When offering testimony, as marriage and family therapy experts, they shall strive to be accurate, objective, fair, and independent. 7.3 Competence.Marriage and family therapists demonstrate competence via education and experience in providing testimony in legal systems.
10. Professional Ethics Codes and Forensic GuidanceAmerican Association of Marriage and Family Therapists Code of Ethics 20157.4 Informed Consent.Marriage and family therapists provide written notice and make reasonable efforts to obtain written consents of persons who are the subject(s) of evaluations and inform clients about the evaluation process, use of information and recommendations, financial arrangements, and the role of the therapist within the legal system.7.5 Avoiding Conflicts.Clear distinctions are made between therapy and evaluations. Marriage and family therapists avoid conflict in roles in legal proceedings wherever possible and disclose potential conflicts. As therapy begins, marriage and family therapists clarify roles and the extent of confidentiality when legal systems are involved.
11. Professional Ethics Codes and Forensic GuidanceAmerican Association of Marriage and Family Therapists Code of Ethics 20157.6 Avoiding Dual Roles.Marriage and family therapists avoid providing therapy to clients for whom the therapist has provided a forensic evaluation and avoid providing evaluations for those who are clients, unless otherwise mandated by legal systems.7.7 Separation of Custody Evaluation from Therapy.Marriage and family therapists avoid conflicts of interest in treating minors or adults involved in custody or visitation actions by not performing evaluations for custody, residence, or visitation of the minor. Marriage and family therapists who treat minors may provide the court or mental health professional performing the evaluation with information about the minor from the marriage and family therapist’s perspective as a treating marriage and family therapist, so long as the marriage and family therapist obtains appropriate consents to release information.
12. Professional Ethics Codes and Forensic GuidanceAmerican Association of Marriage and Family Therapists Code of Ethics 20157.8 Professional Opinions.Marriage and family therapists who provide forensic evaluations avoid offering professional opinions about persons they have not directly interviewed. Marriage and family therapists declare the limits of their competencies and information.7.9 Changes in Service.Clients are informed if changes in the role of provision of services of marriage and family therapy occur and/or are mandated by a legal system.7.10 Familiarity with Rules.Marriage and family therapists who provide forensic evaluations are familiar with judicial and/or administrative rules prescribing their roles
13. Professional Ethics Codes and Forensic GuidanceAmerican Psychological Association Ethical Principles of Psychologists and Code of Conduct with 2010 Amendments9. Assessment9.01 Bases for Assessments9.02 Use of Assessments9.03 Informed Consent in Assessments9.04 Release of Test Data9.06. Interpreting Assessment Results
14. Professional Ethics Codes and Forensic GuidanceAmerican Psychological Association Ethical Principles of Psychologists and Code of Conduct with 2010 Amendments9. Assessment9.07 Assessment by Unqualified Persons9.08 Obsolete Tests and Outdated Test Results9.09 Test Scoring and Interpretation Services9.10 Explaining Assessment Results9.11 Maintaining Test Security
15. Professional Ethics Codes and Forensic Guidance1. Responsibilies1.01 Integrity1.02 Impartiality and Fairness1.03 Avoiding Conflicts of Interest2. Competence2.01 Scope of Competence2.02 Gaining and Maintaining Competence2.03 Representing Competencies2.04 Knowledge of the Legal System and Legal Rights of Individuals2.05 Knowledge of the Scientific Foundation for Opinions and Testimony2.06 Knowledge of the Scientific Foundation for Teaching and Research
16. Professional Ethics Codes and Forensic Guidance2. Competence2.07 Considering the Impact of Personal Beliefs and Experiences2.08 Appreciation of Individual and Group Differences2.09 Appropriate Use of Services and Products3. Diligence3.01 Provision of Services3.02 Responsiveness3.03 Communication3.04 Termination of Services
17. Professional Ethics Codes and Forensic Guidance4. Relationships4.01 Responsibilities to Retaining Parties4.02 Multiple Relationships 4.02.01 Therapeutic-Forensic Role Conflicts4.02.02 Expert Testimony by Practitioners Providing Therapeutic Services4.02.03 Provision of Forensic Therapeutic Services4.03 Provision of Emergency Mental Health Services to Forensic Examinees5. Fees5.01 Determining Fees5.02 Fee Arrangements5.03 Pro Bono Services
18. Professional Ethics Codes and Forensic Guidance6. Informed Consent, Notification and Assent6.01 Timing and Substance6.02 Communication with Those Seeking to Retain a Forensic Practitioner6.03 Communication with Forensic Examinees6.03.01 Persons Not Ordered or Mandated to Undergo Examination6.03.02 Persons Ordered or Mandated to Undergo Examination or Treatment6.03.03 Persons Lacking Capacity to Provide Informed Consent6.03.04 Evaluation of Persons Not Represented by Counsel6.04 Communication with Collateral Sources of Information6.05 Communication in Research Contexts
19. Professional Ethics Codes and Forensic Guidance7. Conflicts in Practice7.01 Conflicts with Legal Authority7.02 Conflicts with Organizational Demands7.03 Resolving Ethical Issues with Fellow Professionals8. Privacy, Confidentiality, and Privilege8.01 Release of Information8.02 Access to Information8.03 Acquiring Collateral and Third Party Information8.04 Use of Case Materials in Teaching, Continuing Education etc.
20. Professional Ethics Codes and Forensic Guidance9. Methods and Procedures9.01 Use of Appropriate Methods9.02 Use of Multiple Sources of Materials9.03 Opinions Regarding Persons Not Examined10. Assessment10.01 Focus on Legally Relevant Factors10.02 Selection and Use of Assessment Procedures10.03 Appreciation of Individual Differences10.04 Consideration of Assessment Settings10.05 Provision of Assessment Feedback10.06 Documentation and Compilation of Data Considered10.07 Provision of Documentation10.08 Record Keeping
21. Professional Ethics Codes and Forensic Guidance11. Professional and Other Communication11.01 Accuracy, Fairness and Avoidance of Deception11.02 Differentiating Observations, Inferences and Conclusions11.03 Disclosing Sources of Information and Bases of Opinions11.04 Comprehensive and Accurate Presentation of Opinions in Reports and Testimony11.05 Commenting Upon Other Professionals and Participants in Legal Proceedings11.06 Out of Court Statements11.07 Commenting Upon Legal Proceedings
22. Model Standards & Guidelines Embed EthicsIRFLP 719 Require Adherence to One of the Following MSG:AAML 2015 Child Custody Evaluation StandardsAFCC 2006 Model Standards for Child CustodyAPA 2009 Guidelines for Child Custody Evaluations In Family Law Proceedings
23. References on EthicsAssociation of Family and Conciliation Courtwww.afccnet.orgAmerican Psychological Associationhttps://www.zerotothree.org/American Association of Matrimonial Lawyershttp://www.azcourts.gov/portals/31/parentingTime/PPWguidelines.pdfNational Association of Forensic Social Workershttp://kspope.com/American Counselors Associationhttp://kspope.com/American Psychological Associationhttp://kspope.com/
24. James Davidson Ph.D. Zion Bank Building 800 W Main St. STE-1460 Boise ID 83702 (208) 401-9292 staff (208) 971-1380 cell