Or. Admin. Code § 877-030-0110 - Social Workers Conducting Child Custody Evaluations and/or Parenting Time Evaluations

(1) This rule establishes the standards for all regulated social workers conducting child custody evaluations and parenting time evaluations, as described in ORS Chapter 107.

(2) For purposes of this rule "evaluator" refers to a person who is conducting a child custody or parenting time evaluation, licensed as a Clinical Social Worker under ORS 675.530, certified as a Clinical Social Work Associate under ORS 675.537, licensed as a Master's Social Worker under ORS 675.533, or registered as a Baccalaureate Social Worker under ORS 675.532, and working within their certificate, license, or registration's applicable scope of practice.

(3) An evaluator must conduct each evaluation in a fair and impartial manner with professional skill, knowledge and conduct that does not impair the evaluator's professional judgement.

(4) An evaluator must refer the child custody evaluation or parenting time evaluation services to another qualified professional whenever the evaluator is unable to continue or complete the evaluation without fair or impartial assessments, professional skill, judgement or conduct.

(5) An evaluator conducting a child custody or parenting time evaluation must, prior to starting any component of an evaluation:

(a) Inform and explain, both verbally and in writing, to each parent and party to the proceeding all of the information required in subsection (6) of this rule, which is a process disclosure and referred to in this rule as "informed consent;" and

(b) Obtain signed acknowledgement from each parent and party to the proceeding of having received, understood, and agreed to the disclosed information and terms of the informed consent provided therein.

(6) Informed consent must include, but is not limited to, the following information:

(a) Identification and acknowledgement of receipt of a copy of the court order or other document requiring the custody or parenting time evaluation, which must identify any specific requirements for the evaluation;

(b) Identification of who, in addition to the child or children, is considered to be the client during any evaluation process;

(c) Description of the qualifications of the evaluator to conduct the evaluation;

(d) Description of the evaluation process and the role of the evaluator within that process;

(e) Identification of the individual(s) for whom the evaluation will be prepared and to whom the final report and other information gathered as part of the evaluation, will be disseminated;

(f) Detailed description of all fees that are charged for the evaluation, including any subcontracting for specialized services, when those fees must be paid, and who is financially responsible for payment of all fees, pursuant to the court order or other document;

(g) Description of the timeline for conducting the evaluation, including expectations of timelines for each party and for the final report;

(h) Description of the limits of confidentiality and sharing of information, including the information gathered and the final report;

(i) Description of ex parte communications and identification of permissible communications between the parents or parties to the custody or parenting time evaluation process;

(j) Description of information that may be gathered as part of the evaluation, including the identification of those who may be interviewed or contacted;

(k) Identification of written release of information authorization(s) that may be necessary to obtain and must be provided to the evaluator in order to complete the evaluation;

(l) Definitions and descriptions of the use of professional collateral contacts, personal references, alternate parenting figures and others, who reside in the household or are necessary to contact for the evaluation; and

(m) Description of the general format of the final report and the evaluator's recommendations to be provided in that report, and to whom the final report will be provided.

(7) The evaluator must comply with all applicable rules, statutes, and orders that govern the evaluator's practice in connection with the child custody or parenting time evaluation being done.

Notes

Or. Admin. Code § 877-030-0110

BLSW 4-2015, f. 12-21-15, cert. ef. 1/1/2016

Stat. Auth.: ORS 675.510-675.600

Stats. Implemented: ORS 675.510-675.600