1. (a) In General.

   1. (1) A licensee who provides services concerning a matter which the licensee knows or should know will be utilized in a legal proceeding, such as a divorce, child custody determination, fitness for duty evaluation for high risk personnel, disability claim, or risk assessment evaluations of employees, must comply with all applicable Board rules concerning forensic services regardless of whether the licensee is acting as a factual witness or an expert.
   2. (2) Licensees who engage in forensic services must have demonstrated appropriate knowledge of and competence in all underlying areas of psychology about which they provide such services.
   3. (3) All forensic opinions, reports, assessments, and recommendations rendered by a licensee must be based on information and techniques sufficient to provide appropriate substantiation for each finding.
   4. (4) A licensee who provides forensic services must comply with all other applicable Board rules and state and federal law relating to the underlying areas of psychology relating to those services.
   5. (5) When appointed or designated in writing by a court to provide psychological services, a licensee shall obtain and keep a copy of the court order.
   6. (6) When providing forensic psychological services to a minor who is the subject of a court order or the ward of guardianship, a licensee shall obtain and keep a copy of the relevant portions of any court order, divorce decree, or letters of guardianship authorizing the individual to provide substitute consent on behalf of the minor or ward.

2. (b) Limitation on Services.

   1. (1) A licensee who is asked to provide an opinion concerning an area or matter about which the licensee does not have the appropriate knowledge and competency to render a professional opinion shall decline to render that opinion.
   2. (2) A licensee who is asked to provide an opinion concerning a specific matter for which the licensee lacks sufficient information to render a professional opinion shall decline to render that opinion unless the required information is provided.
   3. (3) A licensee shall not render a written or oral opinion about the psychological characteristics of an individual without conducting an examination of the individual unless the opinion contains a statement that the licensee did not conduct an examination of the individual.
   4. (4) A written or oral opinion about the psychological characteristics of an individual rendered by a licensee who did not conduct an examination of that individual must contain clarification of the extent to which this limits the reliability and validity of the opinion and the conclusions and recommendations of the licensee.
   5. (5) When seeking or receiving court appointment or designation as an expert for a forensic evaluation a licensee specifically avoids accepting appointment or engagement for both evaluation and therapeutic intervention for the same case. A licensee provides services in one but not both capacities in the same case.

3. (c) Describing the Nature of Services. A licensee must document in writing that subject(s) of forensic evaluations or their parents or legal representative have been informed of the following:

   1. (1) The nature of the anticipated services (procedures);
   2. (2) The specific purpose and scope of the evaluation;
   3. (3) The identity of the party who requested the psychologist's services;
   4. (4) The identity of the party who will pay the psychologist's fees and if any portion of the fees is to be paid by the subject, the estimated amount of the fees;
   5. (5) The type of information sought and the uses for information gathered;
   6. (6) The people or entities to whom psychological records will be distributed;
   7. (7) The approximate length of time required to produce any reports or written results;
   8. (8) Applicable limits on confidentiality and access to psychological records;
   9. (9) Whether the psychologist has been or may be engaged to provide testimony based on the report or written results of forensic psychological services in a legal proceeding; and
   10. (10) The licensee's name as it appears in their professional file with the Board prior to initiating services.

4. (d) Child Custody Evaluations.

   1. (1) The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child. Other factors or specific factors may also be addressed given a specific forensic services engagement.
   2. (2) Child custody evaluations generally involve an assessment of the adults' capacity for parenting, an assessment of the psychological functioning, developmental needs, and wishes of the child, and the functional ability of each parent to meet such needs. Other socioeconomic factors, family, collateral and community resources may also be taken into secondary consideration.
   3. (3) The role of the psychologist in a child custody forensic engagement is one of a professional expert. The psychologist cannot function as an advocate and must retain impartiality and objectivity, regardless of whether retained by the court or a party to the divorce. The psychologist must not perform an evaluation where there has been a prior therapeutic relationship with the child or the child's immediate family members, unless required to do so by court order.
   4. (4) The scope of the evaluation is determined by the psychologist based on the referral question(s). Licensees must comprehensively perform the evaluation based on the scope of the referral, but not exceed the scope of the referral.

5. (e) Child Visitation. Forensic opinions as to child visitation and parenting arrangements must be supported by forensic evaluations.

   1. (1) Licensees may provide treatment or evaluation, but not both in the same case.
   2. (2) A treating psychologist may express an opinion as to the progress of treatment, but shall refrain from rendering an opinion about child visitation or parenting arrangements, unless required to do so by court order.

   3. (3) Basis of forensic opinions as to child visitation and parenting access.

      1. (A) The evaluation must be specific to the issue of visitation or parenting access. A general evaluation of an affected party's psychological condition is insufficient.
      2. (B) The evaluation must be court ordered, or the psychologist-expert retained specifically to offer such opinion.
      3. (C) Any evaluation to address the issue of visitation or parenting access must include an evaluation of all affected parties to the proceeding, or identify why a child or affected party was not evaluated, and include a statement as to the limitations on validity imposed thereby.

6. (f) Parenting Facilitators.

   1. (1) The title "parenting facilitator" is defined in the Texas Family Code, Title 5, Subtitle B, Chapter 153, Subchapter K, Parenting Plan, Parenting Coordinator, and Parenting Facilitator.
   2. (2) The Board's jurisdiction over licensees who also accept engagements as parenting facilitators is limited to its enforcement of Board rules. The Family Code sets forth procedures for the qualifications, duties, appointment and removal, reporting, record retention, and compensation of parenting facilitators. The Family Code also provides procedures for disclosure of conflicts of interest by parenting facilitators. In the event of conflict between the Family Code and Board rules, the Family Code controls, pursuant to Board rule §461.14 of this title (relating to Conflict between Laws and Board Rules).
   3. (3) A parenting facilitator who is also a licensed psychologist in Texas is a provider of forensic psychological services and must comply with all other applicable Board rules and state and federal laws relating to the underlying areas of psychology relating to those services.
   4. (4) Participants in parenting facilitation are not patients as defined in these rules and in Texas Health and Safety Code §611.001. Records created during parenting facilitation are not confidential.
   5. (5) Parenting facilitators must comply with the Texas Family Code at §153.6061 as to duties and §153.6101 as to qualifications, and with the "Guidelines for Parenting Coordination" developed by the Association of Family and Conciliation Courts Task Force on Parenting Coordination, dated May 2005.

   6. (6) The following psychologist-parenting facilitator practice standards are set forth consistent with Texas Family Code §153.6101.

      1. (A) Parenting facilitators licensed by the Board shall comply with the standard of care applicable to the license to practice psychology in Texas.
      2. (B) Psychologist-parenting facilitators meet all requirements of Texas Family Code §153.6101, including active licensure to practice as a psychologist in Texas; completion of 8 hours of family violence dynamics training provided by a family violence service provider; 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; 24 classroom hours of training in the fields of family dynamics, child development, and family law; and 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service.

Source Note:The provisions of this §465.18 adopted to be effective June 3, 1999, 24 TexReg 4017; amended to be effective May 2, 2002, 27 TexReg 3558; amended to be effective December 7, 2008, 33 TexReg 10030; amended to be effective March 10, 2011, 36 TexReg 1561; amended to be effective September 28, 2011, 36 TexReg 6301; amended to be effective June 10, 2012, 37 TexReg 4225; amended to be effective November 29, 2012, 37 TexReg 9363.