Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.189 - BOARD OF PSYCHOLOGISTS
Subchapter 24.189.8 - Parenting Plan Evaluations
Rule 24.189.804 - ROLE OF THE PSYCHOLOGIST
Universal Citation: MT Admin Rules 24.189.804
Current through Register Vol. 18, September 20, 2024
(1) In a parenting plan evaluation, the psychologist shall maintain an unbiased, impartial role. The client is the child, and recommendations must be made which are in the best psychological interests of the child. The psychologist shall clarify with all parties, attorneys, and the court the nature of the psychologist's role as an objective evaluator.
(a) The psychologist shall act as an
impartial evaluator of the parties, assessing relevant information, and
informing and advising the court and other parties of the relevant factors
pertaining to the parenting issue.
(b) The psychologist shall remain impartial,
regardless of whether the psychologist is retained by the court or by a party
to the proceeding, and regardless of whom is responsible for payment.
(c) If circumstances prevent the psychologist
from performing in an impartial role, the psychologist shall attempt to
withdraw from the case. (See ARM
24.189.807)
(d) If the psychologist is not able to
withdraw, the psychologist must reveal any factors that may bias the
psychologist's findings and/or compromise the psychologist's
objectivity.
(e) Communication with
parents or attorneys must be conducted in such a manner as to avoid bias. The
psychologist must exercise discretion in informing parties or their attorneys
of significant information that is gathered during the course of the
evaluation. The psychologist shall not communicate essential information to one
party's attorney without also communicating the information to the other
party's attorney, and to the guardian ad litem, if one is appointed.
37-1-131 and 37-1-136, MCA; IMP, 37-1-136 and 37-17-202, MCA;
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