Family Evaluation in Custody Litigation: Reducing Risks of Ethical Infractions and Malpractice (Forensic Practice Guidebook) [Hardcover]

G. Andrew H. Benjamin (Author), Kammie K. Monarch (Author), Jackie K. Gollan (Author)

Book Description

Publication Date: January 2003 | ISBN-10: 1557989532 | ISBN-13: 978-1557989536 | Edition: 1

In Family Evaluation in Custody Litigation, authors Benjamin and Gollan provide a step-by-step child custody assessment protocol that protects families, while at the same time helps new evaluators minimize the likelihood of committing ethical infractions or malpractice. For mental health professionals interested in beginning a career in forensic child custody assessment, balancing both the legal and clinical issues that surround family evaluations and custody disputes can be complicated. Without this knowledge, the risk of causing undue emotional injury increases. The book puts family litigation into context and reviews the legal evidentiary standards that pertain to psychological testing, scientific evidence, and expert witness testimony used in the court system. Although written for the novice evaluator, it can help enhance the clinical skills of even the most seasoned evaluators, because it offers a complete overview of the judicial process and the evolving changes in the standards of practice. The authors share invaluable materials, including a sample written evaluation report and other forms that readers can adapt for use in their own practices. This book draws from a practical and straightforward assessment methodology that is founded on empirical research, clinical expertise, and professional practice. Those also interested in cultivating a practice outside the parameters of the managed health care system will find the authors' instruction useful. The book is recommended reading for any mental health professional who wants to conduct custody evaluations while adhering to the highest ethical standards and guidelines.

Product Details

• Hardcover: 240 pages
• Publisher: American Psychological Association (APA); 1 edition (January 2003)
• Language: English
• ISBN-10: 1557989532
• ISBN-13: 978-1557989536
• Product Dimensions: 10.1 x 7.1 x 0.9 inches
• Shipping Weight: 1.6 pounds (View shipping rates and policies)
• Average Customer Review: 3.5 out of 5 stars  See all reviews (4 customer reviews)
• Amazon Best Sellers Rank: #1,243,115 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews

12 of 14 people found the following review helpful:

5.0 out of 5 stars Great book for someone new to this area of practice!, January 22, 2005

By 

Debra Brown, Ph.D. (Spokane, Wa.) - See all my reviews

This review is from: Family Evaluation in Custody Litigation: Reducing Risks of Ethical Infractions and Malpractice (Forensic Practice Guidebook) (Hardcover)

The following review came out in the American Psychological Association's "Independent Pratitioner" when the book was first published.
Reviewed by: Jeffrey E. Barnett, Psy.D.
"Readers of the Independent Practitioner are likely well acquainted with Division 42's efforts to assist psychologists in independent practice to expand their practices into new areas. This focus has emphasized how well trained psychologists are able to utilize their existing training and skills, augment them with additional training and experience, and develop the ability to expand their competence into new areas of practice. This approach helps take independent practitioners beyond their usual outpatient psychotherapy and assessment practices. Perhaps all that is needed to make this transition is the right set of resources to guide psychologists on how to make this transition.Family Evaluation in Custody Litigation: Reducing risks of ethical infractions and malpractice, by Benjamin and Gollan is just such a great resource. This book is built on Benjamin's years of experience as the founder and Director of the University of Washington's Parenting Evaluation Treatment Program (PETP). A psychologist and attorney, Benjamin, along with co-author, Gollan, brings his expertise from both fields to provide this wonderful practical introduction to the field of child custody evaluations. The authors make it very clear that appropriately trained psychologists who follow standardized procedures are able to make valuable contributions in the often-contentious area of custody litigation. They have written this very readable and easily comprehended book so it is accessible to all psychologists, not just those with forensic backgrounds. In fact, their practical, nuts and bolts approach seems ideally suited to psychologists new to the forensic arena. The book is very well organized and set up around the evaluation process developed over many years at the PETP. Their approach focuses on conducting a comprehensive parenting evaluation that is consistent with established professional standards and guidelines. This approach emphasizes taking on the role of objective evaluator and educator; a role that seems increasingly important as one learns more about the potentially contentious nature of the forensic environment. The authors provide the reader with a step by step approach that takes us from establishing competence in custody evaluations all the way to testifying in court. In between, we are guided through each step of the evaluation process with a thorough explanation of methods and the justification for using them, specific strategies for ethical conduct and risk management, and highly useful templates for each aspect of the evaluation. Templates are provided for informed consent, tracking the progress of the evaluation, release forms, recording and investigating allegations, and communicating with the parties involved and the judge. In addition, detailed comprehensive semi-structured interviews are provided for use with both adults and adolescents. Also of great importance is the fact that readers are guided in how to use these materials in the context of a comprehensive parenting evaluation. The reader is taken step by step through the evaluation process. In addition to theory and rationale, specific strategies are provided to guide the professional in conducting these evaluations. This book goes far beyond a review of the literature and an abstract discussion of child custody issues. It is also a practical guide that takes the reader through each aspect of the evaluation, highlighting clinical and ethics issues each step along the way. Common pitfalls and commonly anticipated difficulties are described in detail and preventative strategies are shared. One great strength of this book is the highly useful Practice Tips interspersed throughout the book. These very practical and useful strategies are gems from the authors' years of experience. The book also includes two sample evaluation reports that are built upon the methods and techniques described, and that integrate clinical examples used, throughout the text. The authors repeatedly tie their practical recommendations to professional standards, highlighting how these steps help us to meet existing professional standards. They also repeatedly emphasize steps to take to minimize the risk of ethics and malpractice suits. They present a protocol designed to result in each party feeling fairly treated and thoroughly evaluated. What this book is not: A comprehensive textbook that covers every aspect of the custody evaluation process and all the reader will ever need to know about this topic. It also is not the sole resource for establishing competence or a `how to' book to be blindly followed.What this book is: A well-written, practical, and comprehensive guide to assist practitioners to enter the field of custody evaluations. It presents one model for conducting these evaluations and shares a step by step approach for doing so. The authors make very clear the need for additional formal training and in fact, make specific recommendations for the types of training and expertise needed before one begins to provide these evaluations. They also emphasize the need for supervision and ongoing consultation with experienced colleagues as competence is developed. They present an innovative strategy of videotaping all interactions throughout the evaluation and writing the report contemporaneously to ensure the most comprehensive, accurate, and unbiased evaluation possible. They further emphasize how to protect the integrity of the process involved and the goal of a process that results in the most useful possible evaluation report; one that will be perceived by all involved as objective, unbiased, and helpful.Readers of this book will be taken through each aspect of the custody evaluation process. The detailed descriptions help the reader have realistic expectations in areas such as conducting interviews, testing, and observations; participating in depositions, preparation of the written report, and testifying in court. The useful templates and practical guidelines take the reader through each step of the evaluation. The reader is guided in how to remain consistent with the role of objective evaluator at all times, how to avoid common pitfalls, and how to conduct an evaluation consistent with accepted professional standards. The emphasis on multiple methods of measurement and data collection and how to integrate data into a comprehensive report that meets the court's needs is especially helpful.This book is an excellent practical introduction to the field of performing custody evaluations. While it is not the last word on the topic (clearly more training will be needed beyond what this book provides), it is an excellent place to start and an outstanding resource for all psychologists interested in entering this exciting area of practice."

8 of 9 people found the following review helpful:

3.0 out of 5 stars A Helpful Book with Some Problems, May 3, 2003

By 

James D Livingston (Palo Alto, CA United States) - See all my reviews

This review is from: Family Evaluation in Custody Litigation: Reducing Risks of Ethical Infractions and Malpractice (Forensic Practice Guidebook) (Hardcover)

Benjamin, et al have written a helpful book for those interested in learning how to conduct a child custody evaluation. The reservation I would offer is that they have made some unconventional recommendations that are not identified as such. For example, the authors advise against interviewing children younger than teenage. This is inconsistent with the practice of most experienced, custody evaluators. Another controversial and possibly dangerous suggestion is the destruction of video taping that is made during the evaluation process prior to court proceedings. I believe these and other, unconventional procedural recommendations that the authors make should be clearly identified as such, especially in a book that is subtitled "Reducing Risks of Ethical Infractions and Malpractice". With this reservation, the book is a useful addition to the references guiding those who perform child custody evaluations.

4 of 4 people found the following review helpful:

5.0 out of 5 stars Great book for new evaluators, October 1, 2007

By 

Kristina Roberts, PhD (California) - See all my reviews

This review is from: Family Evaluation in Custody Litigation: Reducing Risks of Ethical Infractions and Malpractice (Forensic Practice Guidebook) (Hardcover)

Having read a number of custody evaluation "how to" texts, I find that this book provided more of the "brass tacks" than any other book out there for someone with no experience or exposure to evaluations. Even for experienced evaluators, the suggestions to reduce risk and liability are invaluable. Dr. Benjamin has the reputation of having conducted/supervised over 800 evaluations and never having had a board complaint or lawsuit filed against him. His background as both a psychologist and an attorney, combined with his experience in the field has given him the knowledge to be able to put together a book that not only outlines how to conduct these evaluations ethically and reduce one's own risk, but still gives the simple basics - those details that only one who has done it can impart to others, for example, when and how to collect fees, forms and an example of an evaluation (valuable because evaluations are confidential and it's difficult to get a copy of one), and in essence, walks the reader step-by-step through the first evaluation. Of course, he stresses supervision and consultation to those new to the field, which is critical, but his outlay of the process helps those who have not experienced it to know what to expect and avoid the pitfalls. Out of 20+ books I read while getting started, not to mention seminars I took, this text was the most helpful.