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RULE PROPOSALS
VOLUME 41, ISSUE 16
ISSUE DATE: AUGUST 17, 2009
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PSYCHOLOGICAL EXAMINERS
Proposed Amendment: N.J.A.C. 13:42-3.6
Proposed New Rules: N.J.A.C. 13:42-12
Custody/Parenting Time Evaluations
Authorized By: State Board of Psychological Examiners, J. Michael Walker,
Executive Director.
Authority: N.J.S.A. 45:14B-13.
Calendar Reference: See Summary below for explanation of exception
to the calendar requirement.
Proposal Number: PRN 2009-248.
Submit written comments by October 16, 2009 to:
J. Michael Walker, Executive Director
State Board of Psychological Examiners
124 Halsey Street
P.O. 45017
Newark, NJ 07101
The agency proposal follows:
Summary
The New Jersey Board of Psychological Examiners (the Board) proposes
amendments to N.J.A.C. 13:42-3.6 and new Subchapter 12 to establish rules
for conducting custody/parenting time evaluations. N.J.A.C. 13:42-3.6
prohibits permit holders from performing evaluations in custody cases.
The Board proposes to amend this rule, so that this prohibition reflects
the terminology used in proposed new Subchapter 12.
Proposed new Subchapter 12 sets forth the qualifications for licensees
who will perform custody/parenting time evaluations and licensee responsibilities
when such evaluations are performed. Proposed new rule N.J.A.C. 13:42-12.1
sets forth the purpose and scope of the subchapter. Proposed new rule
N.J.A.C. 13:42-12.2 establishes qualifications for licensees who will
perform custody/parenting time evaluations. Licensees who will perform
these evaluations are required to have education, training and/or supervision
in specific subjects and must maintain documentation that indicates that
they have complied with these requirements.
Proposed new rule N.J.A.C. 13:42-12.3 prohibits a licensee who is treating
or has treated a person who is part of a custody/parenting time evaluation
from assuming the role of an evaluator. A licensee acting as an evaluator
may assume the role of a treating therapist, but he or she shall no longer
act as an evaluator.
Proposed new rule N.J.A.C. 13:42-12.4 sets forth the parties to whom
a licensee must provide information when performing custody/parenting
time evaluations. Proposed new rule N.J.A.C. 13:42-12.5 requires licensees
to provide certain information to the parties to assist them in understanding
the nature of the custody/parenting time evaluation and the implications
of their agreement to participate. Licensees must also inform the parties
about the purpose of any assessment instruments, interview techniques
and the use of any information collected.
N.J.A.C. 13:42-12.6 establishes a licensee's responsibility when handling
fees. Prior to commencing the evaluation, a licensee must inform the
party or parties responsible for paying the fees what the estimated fees
will be for all anticipated services. The rule also imposes specific
requirements on licensees who accept payment of fees by retainers or
fee schedules.
N.J.A.C. 13:42-12.7 requires that written reports be completed in a
timely manner and prohibits a licensee from providing an opinion regarding
any individual whom the licensee has not personally evaluated. N.J.A.C.
13:42-12.7 also designates the individuals to whom the licensee must
submit the report.
The Board has determined that the comment period for this notice of
proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5,
this notice is excepted from the rulemaking calendar requirement.
Social Impact
The proposed new rules at Subchapter 12 will have a positive social
impact upon the public by ensuring that licensees who perform custody/parenting
time evaluations are qualified to provide such services. The proposed
new rules and amendment will positively affect the regulated community
by clarifying their responsibilities when performing custody/parenting
time evaluations.
Economic Impact
The proposed new rules at Subchapter 12 may have an economic impact
upon licensees who wish to perform custody/parenting time evaluations.
Such licensees may incur costs to obtain the education, training and/or
supervision required by the proposed new rules. The Board does not believe
that the proposed new rules and amendment will have any other economic
impact.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal
laws or standards applicable to the proposed new rules or amendment.
Jobs Impact
The Board does not believe that the proposed new rules and amendment
will increase or decrease the number of jobs in New Jersey.
Agriculture Industry Impact
The Board believes the proposed new rules and amendment will have no
impact upon the agriculture industry in New Jersey.
Regulatory Flexibility Analysis
Since psychologists are individually licensed by the Board, they may
be considered "small businesses" under the Regulatory Flexibility
Act (the Act), N.J.S.A. 52:14B-16 et seq.
Costs that small businesses may incur are the same for all licensees
as summarized in the Economic Impact above. The Board does not believe
that licensees will need to employ any professional services in order
to comply with the proposed new rules and amendment. The proposed new
rules and amendment impose compliance, recordkeeping and reporting requirements
as summarized in the Summary above.
As the proposed new rules and amendment protect the health, safety
and welfare of patients who are the subject of custody/parenting time
evaluations performed by licensees, the Board believes that the rules
must be uniformly applied to all licensees and no exemptions are provided
based on the size of the licensee's business.
Smart Growth Impact
The Board does not believe that the proposed new rules and amendment
will have any impact upon the achievement of smart growth or upon the
implementation of the State Development and Redevelopment Plan.
Housing Affordability Impact
The proposed new rules and amendment will have an insignificant impact
on affordable housing in New Jersey and there is an extreme unlikelihood
that the rules would evoke a change in the average costs associated with
housing because the proposed rules concern custody/parenting time evaluations
performed by licensed psychologists.
Smart Growth Development Impact
The proposed new rules and amendment will have an insignificant impact
on smart growth and there is an extreme unlikelihood that the rules would
evoke a change in housing production in Planning Areas 1 or 2 or within
designated centers under the State Development and Redevelopment Plan
in New Jersey because the proposed rules concern custody/parenting time
evaluations performed by licensed psychologists.
Full text of the proposal follows (additions indicated in boldface thus;
deletions indicated in brackets [thus]):
13:42-3.6 Responsibilities of applicant for one-year unsupervised and
three-year supervised temporary permits
(a)-(j) (No change.)
(k) A one-year unsupervised and three-year supervised temporary permit
holder shall be prohibited from performing custody/parenting time evaluations
[in custody cases] and termination of parental rights evaluations.
[page=3025] SUBCHAPTER 12. CUSTODY/PARENTING TIME EVALUATIONS
13:42-12.1 Purpose and scope
The rules in this subchapter set forth the minimum requirements
for licensed psychologists who perform custody/parenting time evaluations
and termination of parental rights evaluations.
13:42-12.2 Qualifications
(a) A licensee shall be qualified to perform custody/parenting time
evaluations through education, training and/or supervision in all of
the following categories:
1. Child growth and development;
2. Psychological testing;
3. Parent-child bonding;
4. Scope of parenting;
5. Adult development and psychopathology;
6. Family functioning;
7. Child and family development;
8. Child and family psychopathology;
9. The impact of divorce or family dissolution on children; and
10. The impact of age, gender, race, ethnicity, national origin,
language, culture, religion, sexual orientation/identity, disability
and socioeconomic status on custody/parenting time evaluations.
(b) When the following topics are involved, a licensee shall have
education, training and/or supervision in the specific topic or the
licensee shall refer to a licensed health care provider who has education,
experience, training and/or supervision in the following topics:
1. Physical, sexual or psychological abuse of spouse or children;
2. Neglect of children;
3. Alcohol or substance abuse that impairs the ability to parent;
4. Medical/physical/neurological impairment that affects the ability
to parent; or
5. Other areas beyond the licensee's expertise that are relevant
to the custody/parenting time evaluation.
(c) Any licensee using psychometric instruments in the course of
performing custody/parenting time evaluations shall comply with the
requirements set forth at N.J.A.C. 13:42-10.5.
(d) Applicants for licensure who hold a temporary permit pursuant
to N.J.A.C. 13:42-3.1 and 3.2 shall not perform custody/parenting time
evaluations and termination of parental rights evaluations.
(e) A licensee shall maintain documentation that demonstrates the
licensee's education, training, supervision or self-study in the topics
from (a) and (b) above.
(f) If a licensee consults with an expert pursuant to (b) above,
the licensee shall document the consultation.
13:42-12.3 Dual relationships
(a) If a licensee is or has been a treating therapist for any person
who is part of the custody/parenting time evaluation, the treating
therapist shall not assume the role of evaluator in the custody/parenting
time evaluation and shall advise any party or court of this prohibition.
(b) A licensee whose initial involvement with a case has been as
an evaluator may agree to function subsequently as a treating therapist,
but shall no longer function as an evaluator in the case.
13:42-12.4 Communications
(a) If a licensee is court-appointed, the licensee shall communicate
any substantive information only to the court and both parties or their
attorneys simultaneously, either in writing or through a conference
call.
(b) If a licensee is selected by both parties without a court appointment,
the licensee shall communicate any substantive information only to
both parties or their attorneys simultaneously, either in writing or
through a conference call.
(c) If a licensee is selected by only one party, the licensee shall
communicate any information only to that party or the party's attorney.
13:42-12.5 Required disclosures
(a) A licensee shall provide information, in writing, to the parties
to assist them in understanding the nature of the custody/parenting
time evaluation and the implications of their agreement to participate.
This information shall include the following:
1. Purpose, procedures and methods;
2. Fees;
3. Responsibility of parties for payment of the fees and whether
payment will be required prior to the delivery of any report;
4. Limits of confidentiality;
5. Special policies pertaining to issues, such as canceled and/or
missed appointments; and
6. Limitation on communications, as set forth in N.J.A.C. 13:42-12.4.
(b) A licensee shall inform the parties about the purpose of any
assessment instruments, interview techniques and the use of any information
collected. The licensee shall provide this information, as appropriate,
to children, to the extent that they are able to understand.
13:42-12.6 Fees
(a) Before commencing the custody/parenting time evaluation, a licensee
shall inform the party or parties responsible for paying the fees,
in writing, of the estimated fees for all anticipated services and
any additional fees should the licensee be required, requested or mandated
to perform additional services.
(b) A licensee shall provide the party or parties responsible for
paying the fees with complete documentation of all fees, itemizing
time, charges and services as appropriate.
(c) A licensee may accept payment of fees by retainer or by a pre-arranged
fee schedule.
1. If a partial retainer is accepted, a licensee shall inform the
court, attorneys and/or parties of the schedule for payment of the
remainder and of any contingent relationship between complete payment
and final delivery of services. A licensee shall inform the court,
attorneys and/or parties that payment in excess of the reasonable estimate
is expected if delivery of services unforeseeably exceeds that anticipated.
A licensee shall inform the court, attorneys and/or parties that unused
fees will be refunded as soon as possible, upon completion of the professional
services.
2. If payment by a fee schedule is accepted, a licensee shall provide
a complete explanation of the expected per-visit payment or other scheduled
costs.
(d) A licensee may require payment for a report prior to its delivery
provided that prior notification has been given to the parties under
(a) above.
13:42-12.7 Reports and recommendations
(a) A licensee shall complete written reports in a timely manner.
Delays of more than two months from the final session with any party
to the custody/parenting time evaluation are considered excessive.
In the event of extenuating circumstances, such as inability to collect
final documents from collateral contacts, the licensee shall provide,
in writing, the reasons for the delay in accordance with (c), (d) and
(e) below.
(b) A licensee shall not provide any opinion regarding the psychological
functioning of any individual who has not been personally evaluated.
A licensee may report what an evaluated individual has stated or address
theoretical issues or hypothetical questions, as long as the limited
basis of the information is explained.
(c) A licensee who is court-appointed shall submit the report only
to the court and to both parties or their attorneys, unless otherwise
specified in a court order.
(d) A licensee who is selected by both parties shall submit the
report only to both parties or their attorneys, unless otherwise specified
in a consent order.
(e) A licensee who is selected by only one party shall submit the
report only to that party or that party's attorney.
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