Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 10.36.09 - Child Custody Evaluations in Family Law Proceedings
Section 10.36.09.05 - Standards of Practice in Conducting a Child Custody Evaluation

Universal Citation: MD Code Reg 10.36.09.05

Current through Register Vol. 51, No. 19, September 20, 2024

A. In order to determine legal and physical custody arrangements that serve the child's best interests, a psychologist conducting a child custody evaluation shall:

(1) Assess the following:
(a) Parenting skills and capacities of the adults; and

(b) The child's psychological functioning and developmental needs;

(2) Use multiple methods of data gathering, including, but not limited to:
(a) Individually interviewing and assessing each party and each child, if age appropriate;

(b) Observing the interactions of the child with each parental figure, in the respective households, whenever possible; and

(c) Requesting and assessing additional relevant information whenever possible, such as:
(i) Third-party interviews;

(ii) Medical records;

(iii) School records; and

(iv) Legal documents;

(3) Remain impartial and objective;

(4) Interpret assessment data and clinical information in a manner consistent with current standards of practice;

(5) Base recommendations on the needs and best interests of the child, as supported by the:
(a) Evaluation data; and

(b) Applicable law;

(6) Create and maintain professional records in accordance with COMAR 10.36.05;

(7) Include appropriate disclaimers regarding the limitations of the recommendations, such as:
(a) Unavailability of information;

(b) Lack of cooperation of the parties;

(c) Lack of compliance with court orders; or

(d) Inconclusive assessment data; and

(8) Decline to conduct the evaluation as set forth in COMAR 10.36.05 if the psychologist feels that the psychologist's objectivity would be impaired.

B. In the event a psychologist determines sufficient information is not available, the psychologist may decline to make recommendations.

C. A psychologist performing a child custody evaluation may not:

(1) Engage in multiple relationships with any of the parties to the pending child custody proceeding, including serving as a:
(a) Mediator;

(b) Therapist;

(c) Life coach;

(d) Parenting coordinator; or

(e) Litigation consultant; or

(2) Render an opinion concerning the psychological functioning or custodial fitness of a individual involved in the custody proceeding who has not been personally evaluated by the psychologist during the current child custody evaluation.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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