A Judge’s Guide

EXPERT HELP
psychiatrist may have gained a family-based competency. There are familyfocused
training programs for each discipline, as well as cross-professional
training. A desirable way to specialize is through experience, for example by
devoting at least 25% of one’s time to a family or child-based practice. Some
experts will have published or taught in the field. In cases involving domestic
violence, at least 25% of one’s time should be devoted to these issues.
The second value-added factor is forensic training and experience. Opportunities
to be trained in forensic skills are limited, so experience will count for a great deal.
The important point is whether the expert knows how to serve the interests of the
court, frame recommendations in ways relevant to the legal issues, and provide
reports that have evidentiary value. 8
For all three disciplines, you would consider a state license as mandatory and
board certification (which amounts to a national license) as an impressive addition
to credentials.
Some judges prefer to appoint an advocate for the child, who might be an
attorney or trained in another discipline. Such a guardian or advocate may act as a
case manager, analyzing whether experts are needed to provide specialized
information and, if so, petitioning the judge to appoint them. On occasion, the
judge may ask the guardian, or advocate, to perform all or some of the child
custody evaluation, particularly if the case is a simple one. It is always prudent to
choose for this position someone who has knowledge of child development, as
well as experience working with children and their families, because the facts and
recommendations gathered may well be challenged. 9 Some states appoint child
representatives or attorneys to represent children in contested custody cases.
These child representatives or attorneys for children cannot be “experts” in these
cases because they cannot testify or otherwise present reports to the court.
THREE SKILL SETS
CLINICAL SOCIAL PSYCHOLOGISTS PSYCHIATRISTS
WORKERS
MSW Ph.D or Psy.D M.D. or D.O.
Social and family Psychological testing; Distinguishing physical
systems affecting the verbal and behavioral disorders with emotional
individual; social therapies and manifestations from
services and programs interventions psychiatric disorders;
neurological
Based on Randy Otto, Ph.D., Presentation to West Palm Beach County, FL Juvenile
Court, Feb. 19, 1998. Sponsored by ABA Juvenile Justice Center, Juvenile Law
Center and Youth Law Center.
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