Understanding Psychological Evaluations in Family Court Helen T. Brantley, Ph.D. March 8, 2006

Who Performs a Psychological Evaluation? Licensed Ph.D. Psychologist Licensed Ph.D. Psychologist Licensed Psychological Associate Licensed Psychological Associate Psychologist with Forensic Training Psychologist with Forensic Training

Therapist vs. Forensic Evaluator Cannot be in both roles for the same person Cannot be in both roles for the same person Differences between therapist and forensic evaluator relationship Differences between therapist and forensic evaluator relationship Treatment v. Evaluation (investigative) Treatment v. Evaluation (investigative) Psychic Reality v. Objective Reality Psychic Reality v. Objective Reality Interview strategies Interview strategies Single source v. multiple sources Single source v. multiple sources Expert Witness v. Fact Witness Expert Witness v. Fact Witness

What Is the Purpose of a Psychological Evaluation? Aid the trier of fact Aid the trier of fact Obtain psychological information in a standardized manner Obtain psychological information in a standardized manner Use norm referenced information Use norm referenced information Determine mental capacity Determine mental capacity Help determine psychopathology Help determine psychopathology Make treatment suggestions Make treatment suggestions

In What Types of Cases Are Psychological Evaluations Used? Parental Competency Parental Competency Child Custody Child Custody Juvenile Assessments Juvenile Assessments Substance Abuse Substance Abuse Domestic Violence Domestic Violence Risk Assessments Risk Assessments

What Should They Include? Interviews Interviews Testing relevant to the legal questions Testing relevant to the legal questions Medical, psychiatric, legal, school records Medical, psychiatric, legal, school records Collateral contacts Collateral contacts –Therapists –Guardians ad Litem –Probation Officers –Teachers –Social Workers

What Kinds of Tests Might Be Used? Intelligence tests, achievement tests Intelligence tests, achievement tests Adaptive behavior tests Adaptive behavior tests Parenting tests Parenting tests Specialized tests for substance abuse Specialized tests for substance abuse Specialized tests for domestic violence Specialized tests for domestic violence Objective personality tests Objective personality tests Projective personality tests Projective personality tests

Acceptability of Tests Frye v. U.S. (1923)— “general acceptance” Frye v. U.S. (1923)— “general acceptance” Daubert v. Merrell Dow Pharmaceuticals (1993)—FRE 403, 702—standards of relevance, reliability and legal sufficiency Daubert v. Merrell Dow Pharmaceuticals (1993)—FRE 403, 702—standards of relevance, reliability and legal sufficiency

Daubert Considerations for Tests Based on scientific methodology Based on scientific methodology Reliability Reliability Validity Validity Norm referenced Norm referenced Peer reviewed Peer reviewed

All Tests Are Not Created Equal Tests meeting standards Tests meeting standards Wechsler tests of intelligence (WAIS-III, WISC-IV) (WAIS-III, WISC-IV) Minnesota Multiphasic Personaltiy Inventory-2 (MMPI-2) Millon Clinical Multiaxial Inventory-III Rorschach Tests not meeting standards Tests not meeting standards (Bricklin Scales, PORT, PASS, ASPECT)

How Long Does an Evaluation Take? Limited evaluation—2 - 4 hours Limited evaluation—2 - 4 hours Complex evaluation—50+ hours Complex evaluation—50+ hours Completion should occur within 3 months Completion should occur within 3 months Complexity of the case Complexity of the case Complexity of psycholegal questions Complexity of psycholegal questions Availability and cooperation of the evaluee(s) Availability and cooperation of the evaluee(s) Timely receipt of records Timely receipt of records

Psycholegal Questions about Parental Competency Can the parent provide adequate stimulation? Can the parent provide adequate stimulation? Can the parent respond to the child’s physical and emotional needs? Can the parent respond to the child’s physical and emotional needs? Can the parent set appropriate limits and relate in a non-punitive way to the child? Can the parent set appropriate limits and relate in a non-punitive way to the child? Are there specific risk factors related to the parent’s functioning including mental capacity, mental illness, substance abuse, domestic violence? Are there specific risk factors related to the parent’s functioning including mental capacity, mental illness, substance abuse, domestic violence?

More Questions About Parenting and Child Reunification Is the parent aware of the emotional factors in a child’s return? Is the parent aware of the emotional factors in a child’s return? Can the parent support the child in negotiating the complex factors involved in reunification? Can the parent support the child in negotiating the complex factors involved in reunification? –Including stability, bonding, attachment to foster parent, social needs, academic needs

Mental Health Questions for Parental Competency Evaluations Does the parent have a psychiatric diagnosis? Does the parent have a psychiatric diagnosis? What is the prognosis for this diagnosis? What is the prognosis for this diagnosis? Can the parent be successfully treated to prevent harm to and promote development of the child in the future? Can the parent be successfully treated to prevent harm to and promote development of the child in the future? –If so, how? – If not, why not? How long will successful treatment take? How long will successful treatment take?

Unanswerable Questions Regarding Parents Did the parent commit the alleged abuse? Did the parent commit the alleged abuse? Does the alleged offender fit an offender profile? Does the alleged offender fit an offender profile? Is the parent telling the truth? Is the parent telling the truth?

Child Protection Cases What therapeutic interventions can assist the child? What therapeutic interventions can assist the child? How seriously has the child’s psychological adjustment been affected? How seriously has the child’s psychological adjustment been affected? What would be the psychological effect on the child, if returned to the parents? What would be the psychological effect on the child, if returned to the parents? What would be the psychological effect on the child, if separated from the parents, particularly with termination? What would be the psychological effect on the child, if separated from the parents, particularly with termination?

Other Child Questions What are the developmental needs of the child? What are the developmental needs of the child? If the child has special needs, what do they require for management by parents and professionals? If the child has special needs, what do they require for management by parents and professionals? What are the strengths and weaknesses of the child? What are the strengths and weaknesses of the child? What is the attachment of the child to the parents? What is the attachment of the child to the parents?

Limitations of Answers Apply ONLY to the child examined Apply ONLY to the child examined The younger the child, the more difficult it is to answer any questions The younger the child, the more difficult it is to answer any questions Access to records including DSS records, medical records, and school records Access to records including DSS records, medical records, and school records

Unanswerable Questions About the Child What are the characteristics of the abused child? What are the characteristics of the abused child? What are the characteristics of the neglected child? What are the characteristics of the neglected child? Is the child telling the truth? Is the child telling the truth?

Questions for Custody Evaluators Best interests of the child Best interests of the child Needs of the child Needs of the child Strength of sibling relationships Strength of sibling relationships Strengths and weaknesses of each parent Strengths and weaknesses of each parent Coparenting relationship Coparenting relationship

Special Issues in Custody Evaluations Substance Abuse Substance Abuse Domestic Violence Domestic Violence Allegations of Abuse Allegations of Abuse Parent Alienation Parent Alienation Relocation Relocation Mental Illness Mental Illness Physical Illness Physical Illness

Substance Abuse Assessment How long have they been substance free? How long have they been substance free? Are they engaged in ongoing treatment? Are they engaged in ongoing treatment? Do they acknowledge they have a problem? Do they acknowledge they have a problem?

Domestic Violence Assessment What is the history? What is the history? What is the chronicity, severity, recency, motivation? What is the chronicity, severity, recency, motivation? Have they complied with treatment? Have they complied with treatment?

Risk Assessment of Juvenile Dangerousness History-chronicity, frequency, severity, context, recency History-chronicity, frequency, severity, context, recency Drug and alcohol use Drug and alcohol use Social support Social support Violent peer groups Violent peer groups Family conflict and aggression Family conflict and aggression

More Factors in Juvenile Dangerousness Personality Traits—impulsive, angry Personality Traits—impulsive, angry Mental Disorders—increases risk Mental Disorders—increases risk Opportunity-access to weapons Opportunity-access to weapons Residence—community or secure facility Residence—community or secure facility Resiliency Resiliency

Diagnoses DSM-IV: Diagnostic and Statistical Manual of Mental Disorders DSM-IV: Diagnostic and Statistical Manual of Mental Disorders Composed of 5 Axes Composed of 5 Axes Axis I: Clinical Conditions Axis I: Clinical Conditions Axis II: Personality Disorders and Mental Retardation Axis II: Personality Disorders and Mental Retardation

Diagnoses (continued) Axis III: Medical Conditions Axis III: Medical Conditions Axis IV: Psychosocial and Environmental Stressors Axis IV: Psychosocial and Environmental Stressors Axis V: Global Assessment of Functioning Axis V: Global Assessment of Functioning

What information is conveyed with a diagnosis? Severity of the problem Severity of the problem Possibility of remediation Possibility of remediation Consideration of kinds of treatment Consideration of kinds of treatment Possibility of deterioration or relapse Possibility of deterioration or relapse What is the current level of functioning What is the current level of functioning Frequency in the population Frequency in the population Not indisputable and not always helpful Not indisputable and not always helpful

What Information Is Not Conveyed With a Diagnosis? Rarely explains a given behavior Rarely explains a given behavior May or may not be related to functioning in a specific role May or may not be related to functioning in a specific role Functioning may vary across time, despite the diagnosis Functioning may vary across time, despite the diagnosis May be debatable May be debatable Not always helpful Not always helpful

Should The “Ultimate Question” Be Addressed? Concerns of Addressing the Question Concerns of Addressing the Question –The Judge’s Decision –Lack of access to information in the legal files –Lack of understanding of legal issues Concerns of Not Addressing the Question Concerns of Not Addressing the Question –Miss the benefit of the expert’s thinking –May not understand what evaluator thought most important

What to Include in the Court Order Name(s) of person to be assessed Name(s) of person to be assessed Who is to pay Who is to pay What are the questions to be addressed What are the questions to be addressed Who receives the report Who receives the report The files are protected except by court order The files are protected except by court order

What Should Be In A Report? Court order and identifying data Court order and identifying data Psycholegal questions Psycholegal questions Answers to the psycholegal questions Answers to the psycholegal questions Additional recommendations Additional recommendations Interview material Interview material Tests results Tests results Sources of information (interviews, tests, records, contacts) Sources of information (interviews, tests, records, contacts)