APA Parenting Evaluation Guidelines
APA Parenting Evaluation Guidelines
APA Parenting Evaluation Guidelines
Introduction
Decisions regarding child custody and other parenting arrangements occur within several
different legal contexts, including parental divorce, guardianship, neglect or abuse
proceedings, and termination of parental rights. The following guidelines were developed
for psychologists conducting child custody evaluation, specifically within the context of
parental divorce. These guidelines build upon the American Psychological Association's
Ethical Principles of Psychologists and Code of Conduct ( APA, 1992 ) and are aspirational
in intent. As guidelines, they are not intended to be either mandatory or exhaustive. The
goal of the guidelines is to promote proficiency in using psychological expertise in
conducting child custody evaluations.
1. The primary purpose of the evaluation is to assess the best psychological interests of
the child.
The primary consideration in a child custody evaluation is to assess the individual and
family factors that affect the best psychological interests of the child. More specific
questions may be raised by the court.
In a child custody evaluation, the child's interests and well-being are paramount. Parents
competing for custody, as well as others, may have legitimate concerns, but the child's best
interests must prevail.
In considering psychological factors affecting the best interests of the child, the psychologist
focuses on the parenting capacity of the prospective custodians in conjunction with the
psychological and developmental needs of each involved child. This involves (a) an
assessment of the adults' capacities for parenting, including whatever knowledge, attributes,
skills, and abilities, or lack thereof, are present; (b) an assessment of the psychological
functioning and developmental needs of each child and of the wishes of each child where
appropriate; and (c) an assessment of the functional ability of each parent to meet these
needs, including an evaluation of the interaction between each adult and child.
The values of the parents relevant to parenting, ability to plan for the child's future needs,
capacity to provide a stable and loving home, and any potential for inappropriate behavior
or misconduct that might negatively influence the child also are considered.
Psychopathology may be relevant to such an assessment, insofar as it has impact on the
child or the ability to parent, but it is not the primary focus.
The role of the psychologist is as a professional expert. The psychologist does not act as a
judge, who makes the ultimate decision applying the law to all relevant evidence. Neither
does the psychologist act as an advocating attorney, who strives to present his or her client's
best possible case. The psychologist, in a balanced, impartial manner, informs and advises
the court and the prospective custodians of the child of the relevant psychological factors
pertaining to the custody issue. The psychologist should be impartial regardless of whether
he or she is retained by the court or by a party to the proceedings. If either the psychologist
or the client cannot accept this neutral role, the psychologist should consider withdrawing
from the case. If not permitted to withdraw, in such circumstances, the psychologist
acknowledges past roles and other factors that could affect impartiality.
The psychologist engaging in child custody evaluations is aware of how biases regarding
age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, language,
culture, and socioeconomic status may interfere with an objective evaluation and
recommendations. The psychologist recognizes and strives to overcome any such biases or
withdraws from the evaluation.
Psychologists generally avoid conducting a child custody evaluation in a case in which the
psychologist served in a therapeutic role for the child or his or her immediate family or has
had other involvement that may compromise the psychologist's objectivity. This should not,
however, preclude the psychologist from testifying in the case as a fact witness concerning
treatment of the child. In addition, during the course of a child custody evaluation, a
psychologist does not accept any of the involved participants in the evaluation as a therapy
client. Therapeutic contact with the child or involved participants following a child custody
evaluation is undertaken with caution.
A psychologist asked to testify regarding a therapy client who is involved in a child custody
case is aware of the limitations and possible biases inherent in such a role and the possible
impact on the ongoing therapeutic relationship. Although the court may require the
psychologist to testify as a fact witness regarding factual information he or she became
aware of in a professional relationship with a client, that psychologist should generally
decline the role of an expert witness who gives a professinal opinion regarding custody and
visitation issues (see Ethical Standard 7.03) unless so ordered by the court.
The scope of the custody-related evaluation is determined by the nature of the question or
issue raised by the referring person or the court, or is inherent in the situation. Although
comprehensive child custody evaluations generally require an evaluation of all parents or
guardians and children, as well as observations of interactions between them, the scope of
the assessment in a particular case may be limited to evaluating the parental capacity of one
parent without attempting to compare the parents or to make recommendations. Likewise,
the scope may be limited to evaluating the child. Or a psychologist may be asked to critique
the assumptions and methodology of the assessment of another mental health professional.
A psychologist also might serve as an expert witness in the area of child development,
providing expertise to the court without relating it specifically to the parties involved in a
case.
9. The psychologist obtains informed consent from all adult participants and, as
appropriate, informs child participants.
In undertaking child custody evaluations, the psychologist ensures that each adult
participant is aware of (a) the purpose, nature, and method of the evaluation; (b) who has
requested the psychologist's services; and (c) who will be paying the fees. The psychologist
informs adult participants about the nature of the assessment instruments and techniques and
informs those participants about the possible disposition of the data collected. The
psychologist provides this information, as appropriate, to children, to the extent that they are
able to understand.
10. The psychologist informs participants about the limits of confidentiality and the
disclosure of information.
A psychologist conducting a child custody evaluation ensures that the participants, including
children to the extent feasible, are aware of the limits of confidentiality characterizing the
professional relationship with the psychologist. The psychologist informs participants that in
consenting to the evaluation, they are consenting to disclosure of the evaluation's findings in
the context of the forthcoming litigation and in any other proceedings deemed necessary by
the courts. A psychologist obtains a waiver of confidentiality from all adult participants or
from their authorized legal representatives.
The psychologist strives to use the most appropriate methods available for addressing the
questions raised in a specific child custody evaluation and generally uses multiple methods
of data gathering, including, but not limited to, clinical interviews, observation, and/or
psychological assessments. Important facts and opinions are documented from at least two
sources whenever their reliability is questionable. The psychologist, for example, may
review potentially relevant reports (e.g., from schools, health care providers, child care
providers, agencies, and institutions). Psychologists may also interview extended family,
friends, and other individuals on occasions when the information is likely to be useful. If
information is gathered from third parties that is significant and may be used as a basis for
conclusions, psychologists corroborate it by at least one other source wherever possible and
appropriate and document this in the report.
The psychologist refrains from drawing conclusions not adequately supported by the data.
The psychologist interprets any data from interviews or tests, as well as any questions of
data reliability and validity, cautiously and conservatively, seeking convergent validity. The
psychologist strives to acknowledge to the court any limitations in methods or data used.
13. The psychologist does not give any opinion regarding the psychological functioning
of any individual who has not been personally evaluated.
This guideline, however, does not preclude the psychologist from reporting what an
evaluated individual (such as the parent or child) has stated or from addressing theoretical
issues or hypothetical questions, so long as the limited basis of the information is noted.
14. Recommendations, if any, are based on what is in the best psychological interests of
the child.
Although the profession has not reached consensus about whether psychologists ought to
make recommendations about the final custody determination to the courts, psychologists
are obligated to be aware of the arguments on both sides of this issue and to be able to
explain the logic of their position concerning their own practice.
Financial arrangements are clarified and agreed upon prior to commencing a child custody
evaluation. When billing for a child custody evaluation, the psychologist does not
misrepresent his or her services for reimbursement purposes.
All records obtained in the process of conducting a child custody evaluation are properly
maintained and filed in accord with the APA Record Keeping Guidelines ( APA, 1993 ) and
relevant statutory guidelines.
All raw data and interview information are recorded with an eye toward their possible
review by other psychologists or the court, where legally permitted. Upon request,
appropriate reports are made available to the court.
References
OTHER RESOURCES
State Guidelines
Forensic Guidelines
Pertinent Literature
Introduction
Decisions regarding child custody and other parenting arrangements occur within
several different legal contexts, including parental divorce, guardianship, neglect or
abuse proceedings, and termination of parental rights. The following guidelines were
developed for psychologists conducting child custody evaluation, specifically within
the context of parental divorce. These guidelines build upon the American
Psychological Association's Ethical Principles of Psychologists and Code of Conduct (
APA, 1992 ) and are aspirational in intent. As guidelines, they are not intended to be
either mandatory or exhaustive. The goal of the guidelines is to promote proficiency
in using psychological expertise in conducting child custody evaluations.
Particular competencies and knowledge are required for child custody evaluations to
provide adequate and appropriate psychological services to the court. Child custody
evaluation in the context of parental divorce can be an extremely demanding task.
For competing parents the stakes are high as they participate in a process fraught
with tension and anxiety. The stress on the psychologist/evaluator can become
great. Tension surrounding child custody evaluation can become further heightened
when there are accusations of child abuse, neglect, and/or family violence.
In a child custody evaluation, the child's interests and well-being are paramount.
Parents competing for custody, as well as others, may have legitimate concerns, but
the child's best interests must prevail.
In considering psychological factors affecting the best interests of the child, the
psychologist focuses on the parenting capacity of the prospective custodians in
conjunction with the psychological and developmental needs of each involved child.
This involves (a) an assessment of the adults' capacities for parenting, including
whatever knowledge, attributes, skills, and abilities, or lack thereof, are present; (b)
an assessment of the psychological functioning and developmental needs of each
child and of the wishes of each child where appropriate; and (c) an assessment of
the functional ability of each parent to meet these needs, including an evaluation of
the interaction between each adult and child.
The values of the parents relevant to parenting, ability to plan for the child's future
needs, capacity to provide a stable and loving home, and any potential for
inappropriate behavior or misconduct that might negatively influence the child also
are considered. Psychopathology may be relevant to such an assessment, insofar as
it has impact on the child or the ability to parent, but it is not the primary focus.
The role of the psychologist is as a professional expert. The psychologist does not act
as a judge, who makes the ultimate decision applying the law to all relevant
evidence. Neither does the psychologist act as an advocating attorney, who strives to
present his or her client's best possible case. The psychologist, in a balanced,
impartial manner, informs and advises the court and the prospective custodians of
the child of the relevant psychological factors pertaining to the custody issue. The
psychologist should be impartial regardless of whether he or she is retained by the
court or by a party to the proceedings. If either the psychologist or the client cannot
accept this neutral role, the psychologist should consider withdrawing from the case.
If not permitted to withdraw, in such circumstances, the psychologist acknowledges
past roles and other factors that could affect impartiality.
In undertaking child custody evaluations, the psychologist ensures that each adult
participant is aware of (a) the purpose, nature, and method of the evaluation; (b)
who has requested the psychologist's services; and (c) who will be paying the fees.
The psychologist informs adult participants about the nature of the assessment
instruments and techniques and informs those participants about the possible
disposition of the data collected. The psychologist provides this information, as
appropriate, to children, to the extent that they are able to understand.
The psychologist strives to use the most appropriate methods available for
addressing the questions raised in a specific child custody evaluation and generally
uses multiple methods of data gathering, including, but not limited to, clinical
interviews, observation, and/or psychological assessments. Important facts and
opinions are documented from at least two sources whenever their reliability is
questionable. The psychologist, for example, may review potentially relevant reports
(e.g., from schools, health care providers, child care providers, agencies, and
institutions). Psychologists may also interview extended family, friends, and other
individuals on occasions when the information is likely to be useful. If information is
gathered from third parties that is significant and may be used as a basis for
conclusions, psychologists corroborate it by at least one other source wherever
possible and appropriate and document this in the report.
The psychologist refrains from drawing conclusions not adequately supported by the
data. The psychologist interprets any data from interviews or tests, as well as any
questions of data reliability and validity, cautiously and conservatively, seeking
convergent validity. The psychologist strives to acknowledge to the court any
limitations in methods or data used.
13. The psychologist does not give any opinion regarding the psychological
functioning of any individual who has not been personally evaluated.
This guideline, however, does not preclude the psychologist from reporting what an
evaluated individual (such as the parent or child) has stated or from addressing
theoretical issues or hypothetical questions, so long as the limited basis of the
information is noted.
Although the profession has not reached consensus about whether psychologists
ought to make recommendations about the final custody determination to the courts,
psychologists are obligated to be aware of the arguments on both sides of this issue
and to be able to explain the logic of their position concerning their own practice.
Financial arrangements are clarified and agreed upon prior to commencing a child
custody evaluation. When billing for a child custody evaluation, the psychologist does
not misrepresent his or her services for reimbursement purposes.
All records obtained in the process of conducting a child custody evaluation are
properly maintained and filed in accord with the APA Record Keeping Guidelines (
APA, 1993 ) and relevant statutory guidelines.
All raw data and interview information are recorded with an eye toward their possible
review by other psychologists or the court, where legally permitted. Upon request,
appropriate reports are made available to the court.
References
OTHER RESOURCES
State Guidelines
Forensic Guidelines
Pertinent Literature