CALIFORNIA STATUTES AND RULES OF COURT RELEVANT TO ONGOING EDUCATION FOR EVALUATORS

Last Updated: 3/15/07

Statutes Relevant to Evaluator Training:
California Family Code
1815
1816
3110
3110.5
3111
Rules of Court Relevant to Evaluator Training:
California Rules of Court
5.220
5.225
5.230

CALIFORNIA FAMILY CODE

 
§1815. (a) A person employed as a supervising counselor of conciliation or as an associate counselor of conciliation shall have all of the following minimum qualifications: (1) A master's degree in psychology, social work, marriage, family and child counseling, or other behavioral science substantially related to marriage and family interpersonal relationships. (2) At least two years of experience in counseling or psychotherapy, or both, preferably in a setting related to the areas of responsibility of the family conciliation court and with the ethnic population to be served. (3) Knowledge of the court system of California and the procedures used in family law cases. (4) Knowledge of other resources in the community that clients can be referred to for assistance. (5) Knowledge of adult psychopathology and the psychology of families. (6) Knowledge of child development, child abuse, clinical issues relating to children, the effects of divorce on children, the effects of domestic violence on children, and child custody research sufficient to enable a counselor to assess the mental health needs of children. (7) Training in domestic violence issues as described in Section 1816. (b) The family conciliation court may substitute additional experience for a portion of the education, or additional education for a portion of the experience, required under subdivision (a). (c) This section does not apply to any supervising counselor of conciliation who was in office on March 27, 1980.

> > Return to Top

 
§1816. (a) For purposes of this section, the following definitions apply:
(1) "Eligible provider" means the Administrative Office of the Courts or an educational institution, professional association, professional continuing education group, a group connected to the courts or a public or private group that has been authorized by the Administrative Office of the Courts to provide domestic violence training.
(2) "Evaluator" means a supervising or associate counselor described in Section 1815, a mediator described in Section 3164, a court-connected or private child custody evaluator described in Section 3110.5, or a court-appointed investigator or evaluator as described in Section 3110 or Section 730 of the Evidence Code.
(b) An evaluator shall participate in a program of continuing instruction in domestic violence, including child abuse, as may be arranged and provided to that evaluator. This training may utilize domestic violence training programs conducted by nonprofit community organizations with an expertise in domestic violence issues.
(c) Areas of basic instruction shall include, but are not limited to, the following:
(1) The effects of domestic violence on children.
(2) The nature and extent of domestic violence.
(3) The social and family dynamics of domestic violence.
(4) Techniques for identifying and assisting families affected by domestic violence.
(5) Interviewing, documentation of, and appropriate recommendations for families affected by domestic violence.
(6) The legal rights of, and remedies available to, victims.
(7) Availability of community and legal domestic violence resources.
(d) An evaluator shall also complete 16 hours of advanced training within a 12-month period. Four hours of that advanced training shall include community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the family being evaluated may reside. Twelve hours of instruction, as approved by the Administrative Office of the Courts, shall include all of the following:
(1) The appropriate structuring of the child custody evaluation process, including, but not limited to, all of the following:
(A) Maximizing safety for clients, evaluators, and court personnel.
(B) Maintaining objectivity.
(C) Providing and gathering balanced information from the parties and controlling for bias.
(D) Providing separate sessions at separate times as described in Section 3113.
(E) Considering the impact of the evaluation report and recommendations with particular attention to the dynamics of domestic violence.
(2) The relevant sections of local, state, and federal laws, rules, or regulations.
(3) The range, availability, and applicability of domestic violence resources available to victims, including, but not limited to, all of the following:
(A) Shelters for battered women.
(B) Counseling, including drug and alcohol counseling.
(C) Legal assistance.
(D) Job training.
(E) Parenting classes.
(F) Resources for a victim who is an immigrant.
(4) The range, availability, and applicability of domestic violence intervention available to perpetrators, including, but not limited to, all of the following:
(A) Certified treatment programs described in Section 1203.097 of the Penal Code.
(B) Drug and alcohol counseling.
(C) Legal assistance.
(D) Job training.
(E) Parenting classes.
(5) The unique issues in a family and psychological assessment in a domestic violence case, including all of the following:
(A) The effects of exposure to domestic violence and psychological trauma on children, the relationship between child physical abuse, child sexual abuse, and domestic violence, the differential family dynamics related to parent-child attachments in families with domestic violence, intergenerational transmission of familial violence, and manifestations of post-traumatic stress disorders in children.
(B) The nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence.
(C) Current legal, psychosocial, public policy, and mental health research related to the dynamics of family violence, the impact of victimization, the psychology of perpetration, and the dynamics of power and control in battering relationships.
(D) The assessment of family history based on the type, severity, and frequency of violence.
(E) The impact on parenting abilities of being a victim or perpetrator of domestic violence.
(F) The uses and limitations of psychological testing and psychiatric diagnosis in assessing parenting abilities in domestic violence cases.
(G) The influence of alcohol and drug use and abuse on the incidence of domestic violence.
(H) Understanding the dynamics of high conflict relationships and relationships between an abuser and victim.
(I) The importance of and procedures for obtaining collateral information from a probation department, children's protective services, police incident report, a pleading regarding a restraining order, medical records, a school, and other relevant sources.
(J) Accepted methods for structuring safe and enforceable child custody and parenting plans that assure the health, safety, welfare, and best interest of the child, and safeguards for the parties.
(K) The importance of discouraging participants in child custody matters from blaming victims of domestic violence for the violence and from minimizing allegations of domestic violence, child abuse, or abuse against a family member.
(e) After an evaluator has completed the advanced training described in subdivision (d), that evaluator shall complete four hours of updated training annually that shall include, but is not limited to, all of the following:
(1) Changes in local court practices, case law, and state and federal legislation related to domestic violence.
(2) An update of current social science research and theory, including the impact of exposure to domestic violence on children.
(f) Training described in this section shall be acquired from an eligible provider and that eligible provider shall comply with all of the following:
(1) Ensure that a training instructor or consultant delivering the education and training programs either meets the training
requirements of this section or is an expert in the subject matter.
(2) Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants.
(3) Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child.
(4) Develop a procedure to verify that an evaluator completes the education and training program.
(5) Distribute a certificate of completion to each evaluator who has completed the training. That certificate shall document the number of hours of training offered, the number of hours the evaluator completed, the dates of the training, and the name of the training provider.
(g) (1) If there is a local court rule regarding the procedure to notify the court that an evaluator has completed training as described in this section, the evaluator shall comply with that local court rule.
(2) Except as provided in paragraph (1) of this subdivision, an evaluator shall attach copies of his or her certificates of completion of the training described in subdivision (d) and the most recent updated training described in subdivision (e).
(h) An evaluator may satisfy the requirement for 12 hours of instruction described in subdivision (d) by training from an eligible provider that was obtained on or after January 1, 1996. The advanced training of that evaluator shall not be complete until that evaluator completes the four hours of community resource networking described in subdivision (d).
(i) The Judicial Council shall develop standards for the training programs. The Judicial Council shall solicit the assistance of community organizations concerned with domestic violence and child abuse and shall seek to develop training programs that will maximize coordination between conciliation courts and local agencies concerned with domestic violence.

> > Return to Top

 
§3110. As used in this chapter, "court-appointed investigator" means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation pursuant to this chapter.

> > Return to Top

 
§3110.5. (a) No person may be a court-connected or private child custody evaluator under this chapter unless the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b) (1) On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A) The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B) The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C) The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2) On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A) Children's patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B) The effects of sexual abuse on children.
(C) The nature and extent of child sexual abuse.
(D) The social and family dynamics of child sexual abuse.
(E) Techniques for identifying and assisting families affected by child sexual abuse.
(F) Legal rights, protections, and remedies available to victims of child sexual abuse.
(c) In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, no person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2030.010) of the Code of Civil Procedure unless the person meets one of the following criteria:
(1) He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2) He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(3) He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4) He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2
of the Business and Professions Code.
(5) He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d) Subdivision (c) does not apply in any case where the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e) A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f) On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.

> > Return to Top

 
§3111. (a) In any contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody evaluation in cases where the court determines it is in the best interests of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation. At least 10 days before any hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. The report may be considered by the court.
(b) The report shall not be made available other than as provided in subdivision (a), or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile court case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.
(c) The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report.

2006 California Rules of Court

Rule 5.220. Court-ordered child custody evaluations

(a) Authority

This rule of court is adopted under Family Code sections 211 and 3117.

(Subd (a) amended effective January 1, 2007.)

(b) Purpose

Courts order child custody evaluations, investigations, and assessments to assist them in determining the health, safety, welfare, and best interest of children with regard to disputed custody and visitation issues. This rule governs both court-connected and private child custody evaluators appointed under Family Code section 3111, Evidence Code section 730, or Code of Civil Procedure section 2032.

(Subd (b) amended effective January 1, 2003.)

(c) Definitions

For purposes of this rule:

(1)A "child custody evaluator" is a court-appointed investigator as defined in Family Code section 3110.

(2)The "best interest of the child" is as defined in Family Code section 3011.

(3)A "child custody evaluation" is an expert investigation and analysis of the health, safety, welfare, and best interest of children with regard to disputed custody and visitation issues.

(4)A "full evaluation, investigation, or assessment" is a comprehensive examination of the health, safety, welfare, and best interest of the child.

(5)A "partial evaluation, investigation, or assessment" is an examination of the health, safety, welfare, and best interest of the child that is limited by court order in either time or scope.

(6)"Evaluation," "investigation," and "assessment" are synonymous.

(Subd (c) amended effective January 1, 2003.)

(d) Responsibility for evaluation services

(1)Each court must:

(A)Adopt a local rule by January 1, 2000, to:

(i)Implement this rule of court;

(ii)Determine whether a peremptory challenge to a court-appointed evaluator is allowed and when the challenge must be exercised. The rules must specify whether a family court services staff member, other county employee, a mental health professional, or all of them may be challenged;

(iii)Allow evaluators to petition the court to withdraw from a case;

(iv)Provide for acceptance of and response to complaints about an evaluator's performance; and

(v)Address ex parte communications.

(B)Give the evaluator, before the evaluation begins, a copy of the court order that specifies:

(i)The appointment of the evaluator under Evidence Code section 730, Family Code section 3110, or Code of Civil Procedure 2032; and

(ii)The purpose and scope of the evaluation.

(C)Require child custody evaluators to adhere to the requirements of this rule.

(D)Determine and allocate between the parties any fees or costs of the evaluation.

(2)The child custody evaluator must:

(A)Consider the health, safety, welfare, and best interest of the child within the scope and purpose of the evaluation as defined by the court order;

(B)Strive to minimize the potential for psychological trauma to children during the evaluation process; and

(C)Include in the initial meeting with each child an age-appropriate explanation of the evaluation process, including limitations on the confidentiality of the process.

(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(e) Scope of evaluations

All evaluations must include:

(1)A written explanation of the process that clearly describes the:

(A)Purpose of the evaluation;

(B)Procedures used and the time required to gather and assess information and, if psychological tests will be used, the role of the results in confirming or questioning other information or previous conclusions;

(C)Scope and distribution of the evaluation report;

(D)Limitations on the confidentiality of the process; and

(E)Cost and payment responsibility for the evaluation.

(2)Data collection and analysis that are consistent with the requirements of Family Code section 3118; that allow the evaluator to observe and consider each party in comparable ways and to substantiate (from multiple sources when possible) interpretations and conclusions regarding each child's developmental needs; the quality of attachment to each parent and that parent's social environment; and reactions to the separation, divorce, or parental conflict. This process may include:

(A)Reviewing pertinent documents related to custody, including local police records;

(B)Observing parent-child interaction (unless contraindicated to protect the best interest of the child);

(C)Interviewing parents conjointly, individually, or both conjointly and individually (unless contraindicated in cases involving domestic violence), to assess:

(i)Capacity for setting age-appropriate limits and for understanding and responding to the child's needs;

(ii)History of involvement in caring for the child;

(iii)Methods for working toward resolution of the child custody conflict;

(iv)History of child abuse, domestic violence, substance abuse, and psychiatric illness; and

(v)Psychological and social functioning;

(D)Conducting age-appropriate interviews and observation with the children, both parents, stepparents, step- and half-siblings conjointly, separately, or both conjointly and separately, unless contraindicated to protect the best interest of the child;

(E)Collecting relevant corroborating information or documents as permitted by law; and

(F)Consulting with other experts to develop information that is beyond the evaluator's scope of practice or area of expertise.

(3)A written or oral presentation of findings that is consistent with Family Code section 3111, Family Code section 3118, or Evidence Code section 730. In any presentation of findings, the evaluator must:

(A)Summarize the data-gathering procedures, information sources, and time spent, and present all relevant information, including information that does not support the conclusions reached;

(B)Describe any limitations in the evaluation that result from unobtainable information, failure of a party to cooperate, or the circumstances of particular interviews;

(C)Only make a custody or visitation recommendation for a party who has been evaluated. This requirement does not preclude the evaluator from making an interim recommendation that is in the best interest of the child; and

(D)Provide clear, detailed recommendations that are consistent with the health, safety, welfare, and best interest of the child if making any recommendations to the court regarding a parenting plan.

(Subd (e) amended effective January 1, 2007; previously amended effective January 1, 2003, and July 1, 2003.)

(f) Cooperation with professionals in another jurisdiction

When one party resides in another jurisdiction, the custody evaluator may rely on another qualified neutral professional for assistance in gathering information. In order to ensure a thorough and comparably reliable out-of-jurisdiction evaluation, the evaluator must:

(1)Make a written request that includes, as appropriate:

(A)A copy of all relevant court orders;

(B)An outline of issues to be explored;

(C)A list of the individuals who must or may be contacted;

(D)A description of the necessary structure and setting for interviews;

(E)A statement as to whether a home visit is required;

(F)A request for relevant documents such as police records, school reports, or other document review; and

(G)A request that a written report be returned only to the evaluator and that no copies of the report be distributed to parties or attorneys;

(2)Provide instructions that limit the out-of-jurisdiction report to factual matters and behavioral observations rather than recommendations regarding the overall custody plan; and

(3)Attach and discuss the report provided by the professional in another jurisdiction in the evaluator's final report.

(Subd (f) amended effective January 1, 2003.)

(g) Requirements for evaluator qualifications, training, continuing education, and experience

All child custody evaluators must meet the qualifications, training, and continuing education requirements specified in Family Code sections 1815, 1816, and 3111, and rules 5.225 and 5.230.

(Subd (g) amended effective January 1, 2004; previously amended effective July 1, 1999, and January 1, 2003.)

(h) Ethics

In performing an evaluation, the child custody evaluator must:

(1)Maintain objectivity, provide and gather balanced information for both parties, and control for bias;

(2)Protect the confidentiality of the parties and children in collateral contacts and not release information about the case to any individual except as authorized by the court or statute;

(3)Not offer any recommendations about a party unless that party has been evaluated directly or in consultation with another qualified neutral professional;

(4)Consider the health, safety, welfare, and best interest of the child in all phases of the process, including interviews with parents, extended family members, counsel for the child, and other interested parties or collateral contacts;

(5)Strive to maintain the confidential relationship between the child who is the subject of an evaluation and his or her treating psychotherapist;

(6)Operate within the limits of the evaluator's training and experience and disclose any limitations or bias that would affect the evaluator's ability to conduct the evaluation;

(7)Not pressure children to state a custodial preference;

(8)Inform the parties of the evaluator's reporting requirements, including, but not limited to, suspected child abuse and neglect and threats to harm one's self or another person;

(9)Not disclose any recommendations to the parties, their attorneys, or the attorney for the child before having gathered the information necessary to support the conclusion;

(10)Disclose to the court, parties, attorney for a party, and attorney for the child conflicts of interest or dual relationships; and not accept any appointment except by court order or the parties' stipulation; and

(11)Be sensitive to the socioeconomic status, gender, race, ethnicity, cultural values, religion, family structures, and developmental characteristics of the parties.

(Subd (h) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(i) Cost-effective procedures for cross-examination of evaluators

Each local court must develop procedures for expeditious and cost-effective cross-examination of evaluators, including, but not limited to, consideration of the following:

(1)Videoconferences;

(2)Telephone conferences;

(3)Audio or video examination; and

(4)Scheduling of appearances.

(Subd (i) amended effective January 1, 2003.)

Rule 5.220 amended effective January 1, 2007; adopted as rule 1257.3 effective January 1, 1999; previously amended effective July 1, 1999, July 1, 2003, and January 1, 2004; amended and renumbered effective January 1, 2003.

Rule 5.225. Appointment requirements for child custody evaluators

(a) Purpose

This rule provides the licensing, education and training, and experience requirements for child custody evaluators who are appointed to conduct full or partial child custody evaluations under Family Code sections 3111 and 3118, Evidence Code section 730, or chapter 15 (commencing with section 2032.010) of title 4 of part 4 of the Code of Civil Procedure This rule is adopted as mandated by Family Code section 3110.5.

(Subd (a) amended and relettered effective January 1, 2007; adopted as subd (b).)

(b) Definitions

For purposes of this rule:

(1)A "child custody evaluator" is a court-appointed investigator as defined in Family Code section 3110.

(2)A "child custody evaluation" is an investigation and analysis of the health, safety, welfare, and best interest of a child with regard to disputed custody and visitation issues conducted under Family Code sections 3111 and 3118, Evidence Code section 730, or Code of Civil Procedure section 2032.010 et seq.

(3)A "full evaluation, investigation, or assessment" is a child custody evaluation that is a comprehensive examination of the health, safety, welfare, and best interest of the child.

(4)A "partial evaluation, investigation, or assessment" is a child custody evaluation that is limited by the court in terms of its scope.

(5)The terms "evaluation," "investigation," and "assessment" are synonymous.

(6)"Best interest of the child" is described in Family Code section 3011.

(7)A "court-connected evaluator" is a superior court employee or a person under contract with a superior court who conducts child custody evaluations.

(Subd (b) amended and relettered effective January 1, 2007; adopted as subd (c).)

(c) Licensing requirements

A person appointed as a child custody evaluator meets the licensing criteria established by Family Code section 3110.5(c)(1)-(5), if:

(1)The person is licensed as a:

(A)Physician and is either a board certified psychiatrist or has completed a residency in psychiatry;

(B)Psychologist;

(C)Marriage and family therapist; or

(D)Clinical social worker.

(2)A person may be appointed as an evaluator even if he or she does not have a license as described in (c)(1) if:

(A)The court certifies that the person is a court-connected evaluator who meets all the qualifications specified in (i); or

(B)The court finds that all the following criteria have been met:

(i)There are no licensed or certified evaluators who are willing and available, within a reasonable period of time, to perform child custody evaluations;

(ii)The parties stipulate to the person; and

(iii)The court approves the person.

(Subd (c) adopted effective January 1, 2007.)

(d) Education and training requirements

Before appointment, a child custody evaluator must complete 40 hours of education and training, which must include all the following topics:

(1)The psychological and developmental needs of children, especially as those needs relate to decisions about child custody and visitation;

(2)Family dynamics, including, but not limited to, parent-child relationships, blended families, and extended family relationships;

(3)The effects of separation, divorce, domestic violence, child sexual abuse, child physical or emotional abuse or neglect, substance abuse, and interparental conflict on the psychological and developmental needs of children and adults;

(4)The assessment of child sexual abuse issues required by Family Code section 3118; local procedures for handling child sexual abuse cases; the effect that court procedures may have on the evaluation process when there are allegations of child sexual abuse; and the areas of training required by Family Code section 3110.5(b)(2)(A)-(F), as listed below:

(A)Children's patterns of hiding and disclosing sexual abuse in a family setting;

(B)The effects of sexual abuse on children;

(C)The nature and extent of sexual abuse;

(D)The social and family dynamics of child sexual abuse;

(E)Techniques for identifying and assisting families affected by child sexual abuse; and

(F)Legal rights, protections, and remedies available to victims of child sexual abuse;

(5)The significance of culture and religion in the lives of the parties;

(6)Safety issues that may arise during the evaluation process and their potential effects on all participants in the evaluation;

(7)When and how to interview or assess adults, infants, and children; gather information from collateral sources; collect and assess relevant data; and recognize the limits of data sources' reliability and validity;

(8)The importance of addressing issues such as general mental health, medication use, and learning or physical disabilities;

(9)The importance of staying current with relevant literature and research;

(10)How to apply comparable interview, assessment, and testing procedures that meet generally accepted clinical, forensic, scientific, diagnostic, or medical standards to all parties;

(11)When to consult with or involve additional experts or other appropriate persons;

(12)How to inform each adult party of the purpose, nature, and method of the evaluation;

(13)How to assess parenting capacity and construct effective parenting plans;

(14)Ethical requirements associated with the child custody evaluator's professional license and rule 5.220;

(15)The legal context within which child custody and visitation issues are decided and additional legal and ethical standards to consider when serving as a child custody evaluator;

(16)The importance of understanding relevant distinctions among the roles of evaluator, mediator, and therapist;

(17)How to write reports and recommendations, where appropriate;

(18)Mandatory reporting requirements and limitations on confidentiality;

(19)How to prepare for and give court testimony;

(20)How to maintain professional neutrality and objectivity when conducting child custody evaluations; and

(21)The importance of assessing the health, safety, welfare, and best interest of the child or children involved in the proceedings.

(Subd (d) amended and relettered effective January 1, 2007; adopted as subd (e); previously amended effective January 1, 2005.)

(e) Additional training requirements

In addition to the requirements described in this rule, before appointment, child custody evaluators must comply with the basic and advanced domestic violence training requirements described in rule 5.230.

(Subd (e) adopted effective January 1, 2007.)

(f) Authorized education and training

The education and training described in (d) must be completed:

(1)After January 1, 2000;

(2)Through an eligible provider under this rule; and

(3)By either:

(A)Attending and participating in an approved course; or

(B)Serving as an instructor in an approved course. Each course taught may be counted only once. Instructors may claim and receive credit for only actual classroom time.

(Subd (f) adopted effective January 1, 2007.)

(g) Experience requirements

To satisfy the experience requirements of this rule, persons appointed as child custody evaluators must have participated in the completion of at least four partial or full court-appointed child custody evaluations within the preceding three years, as described below. Each of the four child custody evaluations must have resulted in a written or an oral report.

(1)The child custody evaluator participates in the completion of the child custody evaluations if the evaluator:

(A)Independently conducted and completed the child custody evaluation; or

(B)Materially assisted another child custody evaluator who meets all the following criteria:

(i)Licensing or certification requirements in (c);

(ii)Education and training requirements in (d);

(iii)Basic and advanced domestic violence training in (e);

(iv)Experience requirements in (g)(1)(A) or (g)(2); and

(v)Continuing education and training requirements in (h).

(2)For purposes of appointment:

(A)An evaluator is deemed to be in compliance with the experience requirements of this rule until December 31, 2009, if he or she:

(i)Completed or supervised three court-appointed partial or full child custody evaluations, including a written or an oral report between January 1, 2000, and July 1, 2003; or

(ii)Conducted six child custody evaluations in consultation with another professional who met the experience requirements of the rule.

(B)Effective January 1, 2010, an evaluator who is deemed to be in compliance with the experience requirements described in (A) must participate in the completion of at least four partial or full court-appointed child custody evaluations in the preceding three years as described in (g)(1) to remain in compliance with the experience requirements of this rule.

(3)The court may appoint an individual to conduct the child custody evaluation who does not meet the experience requirements described in (1), if the court finds that all the following criteria have been met:

(A)There are no evaluators who meet the experience requirements of this rule who are willing and available, within a reasonable period of time, to perform child custody evaluations;

(B)The parties stipulate to the person; and

(C)The court approves the person.

(4)Those who supervise court-connected evaluators:

(A)Meet the experience requirements of this rule by conducting or materially assisting in the completion of at least four partial or full court-connected child custody evaluations in the preceding three years; or

(B)If employed as of January 1, 2007, are deemed to comply with the experience requirements of this rule until December 31, 2009. Effective January 1, 2010, these persons meet the experience requirements by conducting or materially assisting in the completion of at least four partial or full court-connected child custody evaluations in the preceding three years.

(Subd (g) amended and relettered effective January 1, 2007; adopted as subd (f).)

(h) Continuing education and training requirements

After completing the education and training requirements described in (d) and (e), persons appointed as child custody evaluators must annually complete the:

(1)Domestic violence update training described in rule 5.230; and

(2)Eight hours of update training covering the subjects described in (d).

(Subd (h) amended effective January 1, 2007; adopted as subd (g) effective January 1, 2002; previously amended and relettered effective January 1, 2005.)

(i) Court-connected evaluators

A court-connected evaluator who does not meet the education and training requirements in (d) may conduct child custody evaluations if, before appointment, he or she:

(1)Completed at least 20 of the 40 hours of education and training required by (d);

(2)Completes the remaining hours of education and training required by (d) within 12 months of conducting his or her first evaluation as a court-connected child custody evaluator;

(3)Complied with the basic and advanced domestic violence training requirements under Family Code sections 1816 and 3110.5 and rule 5.230;

(4)Complies with the experience requirements in (g); and

(5)Is supervised by a court-connected child custody evaluator who meets the requirements of this rule.

(Subd (i) amended effective January 1, 2007; adopted as subd (h) effective January 1, 2002; previously relettered effective January 1, 2005.)

(j) Responsibility of the courts

Each court:

(1)Must develop local court rules that:

(A)Provide for acceptance of and response to complaints about an evaluator's performance; and

(B)Establish a process for informing the public about how to find qualified evaluators in that jurisdiction;

(2)Must use an Order Appointing Child Custody Evaluator (form FL-327) to appoint a private child custody evaluator or a court-connected evaluation service. Form FL-327 may be supplemented with local court forms;

(3)Must provide the Judicial Council with a copy of any local court forms used to implement this rule;

(4)As feasible and appropriate, may confer with education and training providers to develop and deliver curricula of comparable quality and relevance to child custody evaluations for both court-connected and private child custody evaluators; and

(5)Must use form Declaration of Court-Connected Child Custody Evaluator Regarding Qualifications (form FL-325) to certify that court-connected evaluators have met all the qualifications for court-connected evaluators under this rule for a given year. Form FL-325 may be supplemented with local court rules or forms.

(Subd (j) amended and relettered effective January 1, 2007; adopted as subd (l); previously amended and relettered as subd (k) effective January 1, 2005.)

(k) Child custody evaluator

A person appointed as a child custody evaluator must:

(1)Submit to the court a declaration indicating compliance with all applicable education, training, and experience requirements:

(A)Court-connected child custody evaluators practicing as of January 1 of a given year must submit a Declaration of Court-Connected Child Custody Evaluator Regarding Qualifications (form FL-325) to the court executive officer or his or her designee by January 30 of that year. Court-connected evaluators beginning practice after January 1 must file form FL-325 before any work on the first child custody evaluation has begun and by January 30 of every year thereafter; and

(B)Private child custody evaluators must complete a Declaration of Private Child Custody Evaluator Regarding Qualifications (form FL-326) and file it with the clerk's office no later than 10 days after notification of each appointment and before any work on each child custody evaluation has begun;

(2)At the beginning of the child custody evaluation, inform each adult party of the purpose, nature, and method of the evaluation, and provide information about the evaluator's education, experience, and training;

(3)Use interview, assessment, and testing procedures that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards;

(4)Have a license in good standing if licensed at the time of appointment, except as described in (c)(2) and Family Code section 3110.5(d);

(5)Be knowledgeable about relevant resources and service providers; and

(6)Before undertaking the evaluation or at the first practical moment, inform the court, counsel, and parties of possible or actual multiple roles or conflicts of interest.

(Subd (k) amended and relettered effective January 1, 2007; adopted as subd (m); previously amended and relettered as subd (l) effective January 1, 2005.)

(l)Use of interns

Court-connected and court-appointed child custody evaluators may use interns to assist with the child custody evaluation, if:

(1)The evaluator:

(A)Before or at the time of appointment, fully discloses to the parties and attorneys the nature and extent of the intern's participation in the evaluation;

(B)Obtains the written agreement of the parties and attorneys as to the nature and extent of the intern's participation in the evaluation after disclosure;

(C)Ensures that the extent, kind, and quality of work performed by the intern being supervised is consistent with the intern's training and experience;

(D)Is physically present when the intern interacts with the parties, children, or other collateral persons in the evaluation; and

(E)Ensures compliance with all laws and regulations governing the professional practice of the supervising evaluator and the intern.

(2)The interns:

(A)Are enrolled in a master's or doctorate program or have obtained a graduate degree qualifying for licensure or certification as a clinical social worker, marriage and family therapist, psychiatrist, or psychologist;

(B)Are currently completing or have completed the coursework necessary to qualify for their degree in the subjects of child abuse assessment and spousal or partner abuse assessment; and

(C)Comply with the applicable laws related to the practice of their profession in California when interns are:

(i)Accruing supervised professional experience as defined in the California Code of Regulations; and

(ii)Providing professional services for a child custody evaluator that fall within the lawful scope of practice as a licensed professional.

(Subd (l) adopted effective January 1, 2007.)

(m) Education and training providers

"Eligible providers" includes the Administrative Office of the Courts and may include educational institutions, professional associations, professional continuing education groups, public or private for-profit or not-for-profit groups, and court-connected groups. Eligible providers must:

(1)Ensure that the training instructors or consultants delivering the training and education programs either meet the requirements of this rule or are experts in the subject matter;

(2)Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants;

(3)Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child;

(4)Develop a procedure to verify that participants complete the education and training program;

(5)Distribute a certificate of completion to each person who has completed the training. The certificate must document the number of hours of training offered, the number of hours the person completed, the dates of the training, and the name of the training provider; and

(6)Meet the approval requirements described in (n).

(Subd (m) amended effective January 1, 2007; adopted as subd (n) effective January 1, 2002; previously amended and relettered effective January 1, 2005.)

(n) Program approval required

All education and training programs must be approved by the Administrative Office of the Courts. Education and training courses that were taken between January 1, 2000, and July 1, 2003, may be applied toward the requirements of this rule if they addressed the subjects listed in (d) and either were certified or approved for continuing education credit by a professional provider group or were offered as part of a related postgraduate degree or licensing program.

(Subd (n) amended effective January 1, 2007; adopted as subd (o) effective January 1, 2002; previously amended and relettered effective January 1, 2005.)

Rule 5.225 amended effective January 1, 2007; adopted as rule 1257.4 effective January 1, 2002; renumbered effective January 1, 2003; previously amended effective January 1, 2005.

Rule 5.230. Domestic violence training standards for court-appointed child custody investigators and evaluators

(a) Authority

This rule of court is adopted under Family Code sections 211 and 3111(d) and (e).

(Subd (a) amended effective January 1, 2007.)

(b) Purpose

Consistent with Family Code sections 3020 and 3111, the purposes of this rule are to require domestic violence training for all court-appointed persons who evaluate or investigate child custody matters and to ensure that this training reflects current research and consensus about best practices for conducting child custody evaluations by prescribing standards that training in domestic violence must meet. Effective January 1, 1998, no person may be a court-appointed investigator under Family Code section 3111(d) or Evidence Code section 730 unless the person has completed domestic violence training described here and in Family Code section 1816.

(Subd (b) amended effective January 1, 2003.)

(c) Definitions

For purposes of this rule, "court-appointed investigator" is considered to be synonymous with "court-appointed evaluator" as defined in Family Code section 3110.

(d) Mandatory training

Persons appointed as child custody investigators under Family Code section 3110 or Evidence Code section 730, and persons who are professional staff or trainees in a child custody or visitation evaluation or investigation, must complete basic training in domestic violence issues as described in Family Code section 1816 and, in addition:

(1)Advanced training

Sixteen hours of advanced training must be completed within a 12-month period. The training must include the following:

(A)Twelve hours of instruction, as approved by the Administrative Office of the Courts, in:

(i)The appropriate structuring of the child custody evaluation process, including, but not limited to, maximizing safety for clients, evaluators, and court personnel; maintaining objectivity; providing and gathering balanced information from both parties and controlling for bias; providing for separate sessions at separate times (as specified in Family Code section 3113); and considering the impact of the evaluation report and recommendations with particular attention to the dynamics of domestic violence;

(ii)The relevant sections of local, state, and federal law or rules;

(iii)The range, availability, and applicability of domestic violence resources available to victims, including, but not limited to, battered women's shelters, specialized counseling, drug and alcohol counseling, legal advocacy, job training, parenting classes, battered immigrant victims, and welfare exceptions for domestic violence victims;

(iv)The range, availability, and applicability of domestic violence intervention available to perpetrators, including, but not limited to, arrest, incarceration, probation, applicable Penal Code sections (including Penal Code section 1203.097, which describes certified treatment programs for batterers), drug and alcohol counseling, legal advocacy, job training, and parenting classes; and

(v)The unique issues in family and psychological assessment in domestic violence cases, including the following concepts:

a. The effects of exposure to domestic violence and psychological trauma on children; the relationship between child physical abuse, child sexual abuse, and domestic violence; the differential family dynamics related to parent-child attachments in families with domestic violence; intergenerational transmission of familial violence; and manifestations of post-traumatic stress disorders in children;

b. The nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence;

c. Current legal, psychosocial, public policy, and mental health research related to the dynamics of family violence, the impact of victimization, the psychology of perpetration, and the dynamics of power and control in battering relationships;

d. The assessment of family history based on the type, severity, and frequency of violence;

e. The impact on parenting abilities of being a victim or perpetrator of domestic violence;

f. The uses and limitations of psychological testing and psychiatric diagnosis in assessing parenting abilities in domestic violence cases;

g. The influence of alcohol and drug use and abuse on the incidence of domestic violence;

h. Understanding the dynamics of high-conflict relationships and abuser/victim relationships;

i. The importance of, and procedures for, obtaining collateral information from probation departments, children's protective services, police incident reports, restraining order pleadings, medical records, schools, and other relevant sources;

j. Accepted methods for structuring safe and enforceable child custody and parenting plans that assure the health, safety, welfare, and best interest of the child, and safeguards for the parties; and

k. The importance of discouraging participants in child custody matters from blaming victims of domestic violence for the violence and from minimizing allegations of domestic violence, child abuse, or abuse against any family member.

(B)Four hours of community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the families being evaluated may reside.

(2)Annual update training

Four hours of update training are required each year after the year in which the advanced training is completed. These four hours must consist of instruction focused on, but not limited to, an update of changes or modifications in local court practices, case law, and state and federal legislation related to domestic violence, and an update of current social science research and theory, particularly in regard to the impact on children of exposure to domestic violence.

(Subd (d) amended effective January 1, 2005; previously amended effective January 1, 2002, January 1, 2003, and January 1, 2004.)

(e) Education and training providers

Only education and training acquired from eligible providers meets the requirements of this rule. "Eligible providers" includes the Administrative Office of the Courts and may include educational institutions, professional associations, professional continuing education groups, public or private for-profit or not-for-profit groups, and court-connected groups.

(1)Eligible providers must:

(A)Ensure that the training instructors or consultants delivering the education and training programs either meet the requirements of this rule or are experts in the subject matter;

(B)Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants;

(C)Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child;

(D)Develop a procedure to verify that participants complete the education and training program; and

(E)Distribute a certificate of completion to each person who has completed the training. The certificate must document the number of hours of training offered, the number of hours the person completed, the dates of the training, and the name of the training provider.

(2)Effective July 1, 2005, all education and training programs must be approved by the Administrative Office of the Courts.

(Subd (e) amended effective January 1, 2005.)

(f) Local court rules

Each local court may adopt rules regarding the procedures by which child custody evaluators who have completed the training in domestic violence as mandated by this rule will notify the local court. In the absence of such a local rule of court, child custody evaluators must attach copies of their certificates of completion of the initial 12 hours of advanced instruction and of the most recent annual 4-hour update training in domestic violence to each child custody evaluation report.

(Subd (f) relettered effective January 1, 2005; adopted as subd (g) effective January 1, 1999; amended effective January 1, 2003, and January 1, 2004.)

(g) Previous training accepted

Persons attending training programs offered after January 1, 1996, that meet all of the requirements set forth in subdivision (d)(1)(A) of this rule are deemed to have met the minimum standards set forth in subdivision (d)(1)(A) of this rule, but they must still meet the minimum standards listed in subdivisions (d)(1)(B) and (d)(2) of this rule.

(Subd (g) amended effective January 1, 2007; adopted as subd (h) effective January 1, 1999; relettered effective January 1, 2005.)

Rule 5.230 amended effective January 1, 2007; adopted as rule 1257.7 effective January 1, 1999; amended and renumbered effective January 1, 2003; previously amended effective January 1, 2003, January 1, 2004, and January 1, 2005.

> > Return to Top