Understanding Understanding Psychological Evaluations Psychological Evaluations

in Family Courtin Family Court

Helen T. Brantley, Ph.D.Helen T. Brantley, Ph.D.

March 8, 2006March 8, 2006

Who Performs a Who Performs a Psychological Psychological Evaluation?Evaluation?

Licensed Ph.D. PsychologistLicensed Ph.D. Psychologist Licensed Psychological AssociateLicensed Psychological Associate Psychologist with Forensic Training Psychologist with Forensic Training

Therapist vs. Forensic Therapist vs. Forensic EvaluatorEvaluator

Cannot be in both roles for the same Cannot be in both roles for the same personperson

Differences between therapist and Differences between therapist and forensic evaluator relationshipforensic evaluator relationship

Treatment v. Evaluation (investigative)Treatment v. Evaluation (investigative) Psychic Reality v. Objective RealityPsychic Reality v. Objective Reality Interview strategiesInterview strategies Single source v. multiple sourcesSingle source v. multiple sources Expert Witness v. Fact WitnessExpert Witness v. Fact Witness

What Is the Purpose of a What Is the Purpose of a Psychological Evaluation?Psychological Evaluation?

Aid the trier of factAid the trier of fact Obtain psychological information in Obtain psychological information in

a standardized manner a standardized manner Use norm referenced information Use norm referenced information Determine mental capacityDetermine mental capacity Help determine psychopathologyHelp determine psychopathology Make treatment suggestionsMake treatment suggestions

In What Types of Cases Are In What Types of Cases Are Psychological Evaluations Psychological Evaluations

Used?Used? Parental Competency Parental Competency Child Custody Child Custody Juvenile AssessmentsJuvenile Assessments Substance AbuseSubstance Abuse Domestic ViolenceDomestic Violence Risk AssessmentsRisk Assessments

What Should They What Should They Include?Include?

InterviewsInterviews Testing relevant to the legal questionsTesting relevant to the legal questions Medical, psychiatric, legal, school Medical, psychiatric, legal, school

recordsrecords Collateral contactsCollateral contacts

– TherapistsTherapists– Guardians ad LitemGuardians ad Litem– Probation OfficersProbation Officers– TeachersTeachers– Social WorkersSocial Workers

What Kinds of Tests What Kinds of Tests Might Be UsedMight Be Used??

Intelligence tests, achievement testsIntelligence tests, achievement tests Adaptive behavior testsAdaptive behavior tests Parenting testsParenting tests Specialized tests for substance abuseSpecialized tests for substance abuse Specialized tests for domestic violenceSpecialized tests for domestic violence Objective personality testsObjective personality tests Projective personality testsProjective personality tests

Acceptability of TestsAcceptability of Tests

Frye v. U.S. (1923)— “general Frye v. U.S. (1923)— “general acceptance”acceptance”

Daubert v. Merrell Dow Daubert v. Merrell Dow Pharmaceuticals (1993)—FRE 403, Pharmaceuticals (1993)—FRE 403, 702—standards of relevance, 702—standards of relevance, reliability and legal sufficiencyreliability and legal sufficiency

Daubert Considerations Daubert Considerations for Testsfor Tests

Based on scientific Based on scientific methodologymethodology

ReliabilityReliability ValidityValidity Norm referencedNorm referenced Peer reviewedPeer reviewed

All Tests Are Not Created All Tests Are Not Created EqualEqual

Tests Tests meetingmeeting standards standards

Wechsler tests of intelligenceWechsler tests of intelligence

(WAIS-III, WISC-IV)(WAIS-III, WISC-IV)

Minnesota Multiphasic Personaltiy Minnesota Multiphasic Personaltiy Inventory-2 Inventory-2 (MMPI-2) (MMPI-2)

Millon Clinical Multiaxial Inventory-IIIMillon Clinical Multiaxial Inventory-III

RorschachRorschach Tests Tests notnot meeting standards meeting standards

(Bricklin Scales, PORT, PASS, ASPECT)(Bricklin Scales, PORT, PASS, ASPECT)

How Long Does an How Long Does an Evaluation Take?Evaluation Take?

Limited evaluation—2 - 4 hoursLimited evaluation—2 - 4 hours Complex evaluation—50+ hoursComplex evaluation—50+ hours Completion should occur within 3 months Completion should occur within 3 months Complexity of the caseComplexity of the case Complexity of psycholegal questionsComplexity of psycholegal questions Availability and cooperation of the Availability and cooperation of the

evaluee(s)evaluee(s) Timely receipt of recordsTimely receipt of records

Psycholegal Questions about Psycholegal Questions about Parental Competency Parental Competency

Can the parent provide adequate Can the parent provide adequate stimulation?stimulation?

Can the parent respond to the child’s Can the parent respond to the child’s physical and emotional needs?physical and emotional needs?

Can the parent set appropriate limits Can the parent set appropriate limits and relate in a non-punitive way to the and relate in a non-punitive way to the child?child?

Are there specific risk factors related to Are there specific risk factors related to the parent’s functioning including the parent’s functioning including mental capacity, mental illness, mental capacity, mental illness, substance abuse, domestic violence?substance abuse, domestic violence?

More Questions About More Questions About Parenting and Child Parenting and Child

ReunificationReunification

Is the parent aware of the Is the parent aware of the emotional factors in a child’s emotional factors in a child’s return?return?

Can the parent support the child Can the parent support the child in negotiating the complex in negotiating the complex factors involved in reunification?factors involved in reunification?– Including stability, bonding, Including stability, bonding,

attachment to foster parent, social attachment to foster parent, social needs, academic needsneeds, academic needs

Mental Health Questions for Mental Health Questions for Parental Competency Parental Competency

EvaluationsEvaluations

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 Can the parent be successfully treated to prevent harm to and promote development of prevent harm to and promote development of the child in the future? the child in the future? – If so, how?If so, how?– If not, why not?If not, why not?

How long will successful treatment take?How long will successful treatment take?

Unanswerable Questions Unanswerable Questions Regarding ParentsRegarding Parents

Did the parent commit the Did the parent commit the alleged abuse?alleged abuse?

Does the alleged offender fit an Does the alleged offender fit an offender profile?offender profile?

Is the parent telling the truth?Is the parent telling the truth?

Child Protection CasesChild Protection Cases

What therapeutic interventions can assist the What therapeutic interventions can assist the child?child?

How seriously has the child’s psychological How seriously has the child’s psychological adjustment been affected?adjustment been affected?

What would be the psychological effect on the What would be the psychological effect on the child, if returned to the parents?child, if returned to the parents?

What would be the psychological effect on the What would be the psychological effect on the child, if separated from the parents, particularly child, if separated from the parents, particularly with termination?with termination?

Other Child QuestionsOther Child Questions

What are the developmental needs of What are the developmental needs of the child?the child?

If the child has special needs, what do If the child has special needs, what do they require for management by they require for management by parents and professionals?parents and professionals?

What are the strengths and What are the strengths and weaknesses of the child?weaknesses of the child?

What is the attachment of the child to What is the attachment of the child to the parents?the parents?

Limitations of AnswersLimitations of Answers

Apply ONLY to the child examinedApply ONLY to the child examined The younger the child, the more The younger the child, the more

difficult it is to answer any difficult it is to answer any questionsquestions

Access to records including DSS Access to records including DSS records, medical records, and records, medical records, and school recordsschool records

Unanswerable Questions Unanswerable Questions About the ChildAbout the Child

What are the characteristics of What are the characteristics of the abused child?the abused child?

What are the characteristics of What are the characteristics of the neglected child?the neglected child?

Is the child telling the truth?Is the child telling the truth?

Questions for Custody Questions for Custody EvaluatorsEvaluators

Best interests of the childBest interests of the child Needs of the childNeeds of the child Strength of sibling relationshipsStrength of sibling relationships Strengths and weaknesses of Strengths and weaknesses of

each parenteach parent Coparenting relationshipCoparenting relationship

Special Issues in Custody Special Issues in Custody EvaluationsEvaluations

Substance AbuseSubstance Abuse Domestic ViolenceDomestic Violence Allegations of AbuseAllegations of Abuse Parent AlienationParent Alienation RelocationRelocation Mental IllnessMental Illness Physical IllnessPhysical Illness

Substance Abuse Substance Abuse AssessmentAssessment

How long have they been substance How long have they been substance free?free?

Are they engaged in ongoing Are they engaged in ongoing treatment?treatment?

Do they acknowledge they have a Do they acknowledge they have a problem?problem?

Domestic Violence Domestic Violence AssessmentAssessment

What is the history?What is the history?

What is the chronicity, severity, What is the chronicity, severity, recency, motivation?recency, motivation?

Have they complied with Have they complied with treatment?treatment?

Risk Assessment of Risk Assessment of Juvenile DangerousnessJuvenile Dangerousness

History-chronicity, frequency, History-chronicity, frequency, severity, context, recencyseverity, context, recency

Drug and alcohol useDrug and alcohol use Social supportSocial support Violent peer groupsViolent peer groups Family conflict and aggressionFamily conflict and aggression

More Factors in Juvenile More Factors in Juvenile DangerousnessDangerousness

Personality Traits—impulsive, Personality Traits—impulsive, angryangry

Mental Disorders—increases riskMental Disorders—increases risk Opportunity-access to weaponsOpportunity-access to weapons Residence—community or secure Residence—community or secure

facilityfacility ResiliencyResiliency

DiagnosesDiagnoses

DSM-IV: Diagnostic and Statistical Manual DSM-IV: Diagnostic and Statistical Manual of Mental Disordersof Mental Disorders

Composed of 5 AxesComposed of 5 Axes

Axis I: Clinical ConditionsAxis I: Clinical Conditions

Axis II: Personality Disorders and Mental Axis II: Personality Disorders and Mental RetardationRetardation

Diagnoses (continued)Diagnoses (continued)

Axis III: Medical ConditionsAxis III: Medical Conditions

Axis IV: Psychosocial and Axis IV: Psychosocial and Environmental StressorsEnvironmental Stressors

Axis V: Global Assessment of Axis V: Global Assessment of FunctioningFunctioning

What information is What information is conveyed with a conveyed with a

diagnosis?diagnosis? Severity of the problemSeverity of the problem Possibility of remediationPossibility of remediation Consideration of kinds of treatment Consideration of kinds of treatment Possibility of deterioration or relapsePossibility of deterioration or relapse What is the current level of functioningWhat is the current level of functioning Frequency in the populationFrequency in the population Not indisputable and not always helpfulNot indisputable and not always helpful

What Information Is Not What Information Is Not Conveyed With a Diagnosis? Conveyed With a Diagnosis?

Rarely explains a given behaviorRarely explains a given behavior May or may not be related to May or may not be related to

functioning in a specific rolefunctioning in a specific role Functioning may vary across time, Functioning may vary across time,

despite the diagnosis despite the diagnosis May be debatableMay be debatable Not always helpfulNot always helpful

Should The “Ultimate Should The “Ultimate Question” Be Addressed?Question” Be Addressed? Concerns of Addressing the QuestionConcerns of Addressing the Question

– The Judge’s DecisionThe Judge’s Decision– Lack of access to information in the legal Lack of access to information in the legal

filesfiles– Lack of understanding of legal issuesLack of understanding of legal issues

Concerns of Not Addressing the QuestionConcerns of Not Addressing the Question– Miss the benefit of the expert’s thinkingMiss the benefit of the expert’s thinking– May not understand what evaluator May not understand what evaluator

thought most importantthought most important

What to Include in the What to Include in the Court OrderCourt Order

Name(s) of person to be assessedName(s) of person to be assessed Who is to payWho is to pay What are the questions to be What are the questions to be

addressedaddressed Who receives the reportWho receives the report The files are protected except by The files are protected except by

court ordercourt order

What Should BeWhat Should BeIn A Report?In A Report?

Court order and identifying dataCourt order and identifying data Psycholegal questionsPsycholegal questions Answers to the psycholegal Answers to the psycholegal

questionsquestions Additional recommendationsAdditional recommendations Interview materialInterview material Tests resultsTests results Sources of information (interviews, Sources of information (interviews,

tests, records, contacts)tests, records, contacts)