1. (1) Psychologists may only perform parenting plan evaluations if they have acquired specialized training, education, and experience in the areas of psychological assessment of children and adults, child and family development, child and family psychopathology, and the impact of divorce on families. They shall acquire current knowledge regarding diverse populations, especially as it relates to child-rearing issues. To perform parenting plan evaluations in Montana, psychologists must:

   1. (a) hold a current Montana license in good standing; or
   2. (b) meet the consultation requirements in 37-17-104, MCA; and

   3. (c) have specialized training, education, and experience in:

      1. (i) psychological assessment of children and adults;
      2. (ii) child and family development;
      3. (iii) child and family psychopathology;
      4. (iv) the impact of divorce on families; and
      5. (v) current diverse populations as relating to child-rearing.

2. (2) Psychologists must:

   1. (a) utilize multiple data collection methods in a parenting plan evaluation;
   2. (b) understand, clarify, and utilize the concept of the "best interests of the child" per Title 40, chapter 4, MCA;
   3. (c) maintain current knowledge of legal standards regarding parenting plans, divorce, and laws regarding abuse, neglect, and domestic violence;
   4. (d) understand the civil rights of parties involved in legal proceedings and perform professionally so as to not diminish or threaten those rights;
   5. (e) not render diagnoses or form expert opinions about any party not personally evaluated; and
   6. (f) make parenting plan recommendations only when both parents and children have been personally evaluated by the psychologist. When all parties cannot be evaluated, psychologists must limit recommendations and opinions to only those evaluated and avoid making recommendations regarding placement and visitation.

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, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2026 MAR, Notice No. 2026-151, Eff. 5/9/26.