1. (1) The psychologist must maintain an unbiased, impartial role in conducting a parenting plan evaluation and make recommendations in the best psychological interests of the child as the client. The psychologist must:

   1. (a) clarify with all parties, attorneys, and the court the nature of the psychologist's role as an objective evaluator;
   2. (b) act as an impartial evaluator of the parties, assessing relevant information, and informing and advising the court and other parties of the relevant factors pertaining to the parenting issue;
   3. (c) remain impartial, regardless of who retains the psychologist or who is responsible for payment;
   4. (d) attempt to withdraw from the case if circumstances prevent the psychologist from performing impartially. (See ARM 24.189.807). If unable to withdraw, the psychologist must disclose any factors that may bias the psychologist’s findings or compromise the psychologist’s objectivity;
   5. (e) communicate with parents or attorneys to avoid bias and exercise discretion when informing parties or their attorneys of significant information gathered during the course of the evaluation; and
   6. (f) not communicate essential information to one party's attorney without also communicating the information to the other party's attorney, and to the guardian ad litem, if one is appointed.

Authorizing statute(s): 37-1-131, 37-1-136, MCA

Implementing statute(s): 37-1-131, 37-1-136, MCA

History: NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.