Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS 675.510-675.600
Stats. Implemented: ORS
675.510-675.600
