Ohio Admin. Code 4757-6-01 - Reports prepared for court review including custody, visitation and guardianship concerns
(A) The role of the counselor, social worker,
or marriage and family therapist is that of a professional expert who strives
to maintain an objective, impartial stance. A counselor, social worker or
marriage and family therapist does not act as a judge who makes the ultimate
decision applying the law to all relevant evidence. Neither does a counselor,
social worker or marriage and family therapist act as an advocating attorney
who strives to present his or her client's best possible case. A counselor,
social worker, or marriage and family therapist in a balanced, impartial manner
informs and advises the court and the respective parties of the relevant mental
health factors pertaining to the issue. A counselor, social worker, or marriage
and family therapist should be impartial regardless of whether he or she is
retained by the court or by a party to the proceedings. If either the
counselor, social worker, marriage and family therapist, or the client cannot
accept this neutral role, the counselor, social worker, or marriage and family
therapist shall withdraw from the case. If not permitted to withdraw, the
counselor, social worker, or marriage and family therapist acknowledges past
roles and other factors that could affect impartiality.
(B) A counselor, social worker, or marriage
and family therapist contemplating performing court reports, including child
custody reports, is aware that special competencies and knowledge are required
for the undertaking of such evaluations. Competence in performing psychological
assessments of children, adults and families is necessary but not sufficient.
Education, training, experience and/or supervision in the areas to be evaluated
are essential in preparing a report.
(C) A counselor, social worker, or marriage
and family therapist uses current knowledge of scientific and professional
developments consistent with accepted clinical and scientific standards in
selecting data collection methods and procedures.
(D) In the course of preparing a report,
allegations of other issues may occur that are not necessarily within the scope
of a particular evaluator's expertise. If this is so, the counselor, social
worker, or marriage and family therapist seeks additional consultation,
supervision, and/or specialized knowledge or training to address these
issues.
(E) A counselor, social
worker, or marriage and family therapist engaging in preparing reports that
will likely be used in court is aware of how biases regarding age, sex, gender
identity and expression, sexual orientation, race, ethnicity, national origin,
immigration status, disability, religion, language, culture, veteran status,
marital status, political belief, housing status, and socioeconomic status may
interfere with an objective evaluation and recommendations. A counselor, social
worker, or marriage and family therapist recognizes and strives to overcome any
such biases or withdraws from the evaluation.
(F) A counselor, social worker, or marriage
and family therapist shall not conduct a court evaluation in a case in which
that counselor, social worker, or marriage and family therapist served in a
therapeutic role for the client or his or her immediate family or has had other
involvement that may compromise the counselor, social worker, or marriage and
family therapist's objectivity. This should not preclude a counselor, social
worker, or marriage and family therapist from testifying in the case as a fact
witness concerning treatment. In addition, during the course of a court
evaluation, a counselor, social worker, or marriage and family therapist shall
not accept any of the involved participants in the evaluation as a therapy
client. Therapeutic contact with the participants following the court
evaluation is undertaken with caution. A counselor, social worker, or marriage
and family therapist asked to testify in court 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 counselor, social
worker, or marriage and family therapist to testify as a fact witness regarding
factual information he or she became aware of in a professional relationship
with a client, that counselor, social worker, or marriage and family therapist
shall decline the role of expert witness who gives a professional opinion
regarding the custody, visitation and/or guardianship issues.
(1) Licensees with a client involved in a
custody, visitation and/or guardianship case, if asked by a client and/or their
lawyer or the guardian ad litem to make a recommendation as to custody,
visitation and/or guardianship, shall cite their role as the primary therapist
for their client. This section does not apply to a licensee hired to make a
custody, visitation and/or guardianship recommendation for the court. Licensees
shall inform the requestor that they have not performed a custody, visitation
and/or guardianship evaluation and it would be unethical for them to make any
recommendation outside of their role as a treating therapist.
(2) Licensees asked by a judge to make a
recommendation in a custody, visitation and/or guardianship hearing, not hired
by the court to do so, shall cite their role as a client's therapist and note
that any testimony would be an ethics violation of their license and they can
only testify to facts that they know. Any recommendation would be based on
limited facts and not within their role as this client's therapist. However, if
ordered by the court to make a recommendation after stating these limitations,
the licensee shall follow the court's order in order to avoid being found in
contempt of court.
(G)
The scope of the court evaluation is determined by the nature of the question
or issue raised by the referring person or court, or is inherent in the
situation. A counselor, social worker, or marriage and family therapist may be
asked to critique the assumptions and methodology of the assessment of another
mental health professional. A counselor, social worker, or marriage and family
therapist also might serve as an expert witness providing expertise to the
court without relating it specifically to the parties involved in a
case.
(H) A counselor, social
worker, or marriage and family therapist will adhere to the requirements
regarding informed consent as outlined in paragraph (B)(2) of rule 4757-5-02 of
the Administrative Code.
(I) A
counselor, social worker, or marriage and family therapist will adhere to the
requirements regarding confidentiality as outlined in paragraph
(B)(4)
(D) of
rule 4757-5-02 of the Administrative Code.
(J) A counselor, social worker, or marriage
and family therapist strives to use the most appropriate methods available for
addressing the questions raised in a specific evaluation and generally uses
multiple methods of data gathering, including but not limited to clinical
interviews, observation, and/or testing and assessment instruments. Important
facts and opinions are documented from at least two sources whenever those
methods' reliability is questionable. A counselor, social worker, or marriage
and family therapist 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, licensees corroborate it by at least one other
source wherever possible and appropriate and document this in the
report.
(K) A counselor, social
worker, or marriage and family therapist refrains from drawing conclusions not
adequately supported by data. The counselor, social worker, or marriage and
family therapist interprets any data from interviews or tests, as well as any
questions of data reliability and validity cautiously and conservatively
seeking convergent validity. A counselor, social worker, or marriage and family
therapist strives to acknowledge to the court any limitations in methods or
data used.
(L) A counselor, social
worker, or marriage and family therapist does not give a professional opinion
regarding the mental health functioning of any individual who has not been
personally evaluated other than in addressing theoretical issues of
hypothetical questions, so long as the limited basis of the information is
noted.
(M) If a counselor, social
worker, or marriage and family therapist chooses to make recommendations, these
recommendations should be derived from sound data and shall be based on the
best interests of the client involved. Recommendations are based on articulated
assumptions, data, interpretations, and inferences based upon established
professional and scientific standards. A counselor, social worker, or marriage
and family therapist guards against relying on their own biases or unsupported
beliefs in rendering opinions in particular cases.
(N) A counselor, social worker, or
marriage and family therapist shall adhere to the requirements regarding record
keeping as outlined in paragraph (I) of rule 4757-5-01 of the Administrative
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4757.10
Rule Amplifies: 4757.10
Prior Effective Dates: 04/10/2004, 09/20/2007, 10/18/2009, 04/01/2011, 12/01/2014, 04/19/2021
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