PSYCHOLOGICAL ASSESSMENTSFOR CUSTODY CONFLICTSAnn Dell Duncan-Hively Ph.D.J.D.

Wells Hively, Ph.D.June 17, 2010

Guardian ad Litem TrainingSalem, Missouri

The guardian ad litem as a mental health detective

• Responsibility to understand the needs of the children

• Legal duty to zealously represent interests of children

• Present accurate information to the Court as other attorneys are advocating their client

• Distinguish between temporary conditions for family in conflict versus long term dysfunction

What?, Why? Who Should Do It?, When?•Systematic, objective description of psychological functioning of parents/children•To assist in decision making prior to conversation with other attorneys•Must use an expert who meets the Daubert standards•As early in the case as possible in order to facilitate PDL and/or settlement. •Need Court order and payment clarification

How Severe is the Conflict?

It’s difficult to separate endemic from transitory rage

Reasons to Need a Custody or Psychological Evaluation

• Allegations of abuse to children • Allegations of domestic violence• History of poor conflict resolution skills• Legal history of drugs, alcohol, assaults• Alienation by one or both parents• Poisoning by grandparents or others• Unusual behaviors in child or children

UNUSUAL BEHAVIORS

• Below age six– Rocking– Smearing feces– Loss of toilet skills– Chronic constipation– Attacking other children

with objects– Refusal to take turns or

cooperate

• Between six and twelve– Chronic isolation– Fierce tantrums– Speech dysfluencies– Difficulty keeping friends– Rapid movements from

one activity to another– Learning challenges– Hording objects and

food

UNUSUAL BEHAVIORS

• Between ages 12 and 18– Cutting and other self injury– Delayed social development – Threats of self harm or harm to others– Violence to animals or small children– Bullying in home or in school– Social alienation– Gender confusion

Unusual Allegations• Parental Alienation “Syndrome”– Not an actual syndrome but present in various

amounts in most divorces – Dealing with death of marriage by monsterizing

the other parent– Can be subtle or overt– Purpose is to destroy relationship with other

parent and “own” the children– See Grisso, T. Evaluating competencies: Forensic

assessments and instruments (2nd), New York, Kluwer/Plenum, 2003

Parental AlienationSee Meier, J. Parental Alienation Syndrome & Parental Alienation: Research Reviews 2009 http://www.new.vawnet.org

Unusual Allegations• Sexual Abuse• If arises during pendency of divorce,

all cases must be evaluated–False or accurate? Depends on:•Age of complainant•Role of parent in disclosure•History of abuse in both parents•Beware of contaminating therapists

and suggestive social services

Abuse allegationsRelated to domestic violence, physical , emotional or sexual

abuse of children

Always assess if allegations of abuse

Risk assessment

Custody Evaluation Looks at Best Interest of Children

Assessment of Parents Only Reflects Competency

Who Does A Psychological Assessment?

• Licensed psychologists in Missouri• Trained in forensic assessments• History of good quality assessments• Capable of communicating without bias• Counselors licensed as LPC cannot diagnose and

cannot interpret psychological tests• Social workers (LCSW) can diagnose but cannot

interpret psychological tests• See new rule 20 CSR 2235-1.015 (12) limits

administration and interpretation of psychological tests to licensed psychologists

Components of the Psychological Evaluation • Histories of all

– Family, forensic and sexual, medical (especially head trauma)

• Cognitive Abilities– How each person thinks, flaws in language competency

• Present Emotional States– Anxiety, depression, thoughts of suicide, etc

• Personality Structures– How they typically deal with the world

• Substance Abuse– It’s impact, if any, on all of the above, age of onset, types used

• Current Other Relationships• Risk of Family Abuse• Parenting Interests and Abilities

Format for the DSM-IV Diagnosis• Axis I: Major mental illness• Axis II: Personality Disorders• Axis III: Physical contributors• Axis IV: Environmental Factors• Axis V: Global Assessment of Functioning

(range from 10 to 90, most commonly at 65 for mental health population)

• (Diagnostic and Statistical Manual of Mental Disorders 4th Edition)

www.dsmivtr.org

Basics of Psychological Measurement

Think Daubert Standard(Fed. R. Evd. 702)

scientifically reliable and relevant

Replicable ResultsDon’t fluctuate wildly and mysteriously Psychologists say “reliable”Correlate with important variables

Psychologists say “valid” Attorneys say “meet the Daubert Standard”

Respected Structured Interviews and Questionnaires

• Early Developmental Family History Various schools, child development centers and counseling services alluse these. They are very similar.

• Forensic History and Parenting HistoryGreenberg Forensic/Parenting History Questionnaire

Developed by S.A. Greenberg, U. of Washington (now deceased) unpublished, but available from www.duncanhively.com

• Sexual HistoryClark Sexual History Questionnaire, Revised (SHQ-R) www.mhs.comAbel Assessment, written section http://abelscreening.com

Respected, Quick and PainlessWechsler Abbreviated Scale of Intelligence (WASI)Kaufman Brief Intelligence Test, 2nd Ed. (K-BIT)Both available from www.pearsonassessments.com

The Respected Personality TestsMinnesota Multiphasic Personality Inventory, 2nd Edition (MMPI-2) www.pearsonassessments.com

Caldwell Scoring www.caldwellreport.comMillon Clinical Multiaxial Inventory, 3rd Edition (MCMI-III)www.pearsonassessments.com

The “Famous” Rorschach TestRorschach Comprehensive SystemRorschach Interpretive Assistance Program (RIAP 5)www.rorschachworkshops.comwww.rorschachtraining.com

Psychopathy/Sociopathy

The Hare Psychopathy Checklist www.hare.org

Risk of ViolenceMacarthur Study (2001)www.macarthur.virginia.edu/risk.htmlLevel of Service Inventory (LSI-R)www.assessments.comSpousal Assault Risk Assessment Guide (SARA)www.mhs.comDanger Assessment (prediction of murder)www.dangerassessment.org

Best Interest Standard• Requires observing children with both parents

separately• May require a home visit to both homes• Find collateral information such as school

records, pediatrician records, interview all grandparents

• Tests appropriately geared to children’s age and developmental status

• Report integrates multiple information sources without invading province of court

Competency of Parents

• Common tests–MMPI-2 with

parenting norms–Rorschach–PSI: parenting

stress inventory

• Common Questions–What level of risk

for which parent–Predicting similar

parenting behaviors– Length of marriage

and success of mutual problem solving

After the Assessment• Red Flag Diagnostic Codes for Parenting–Borderline Personality Disorder– Socio or psychopathy–Narcissism–Primitive Personality Structure– Impulse control problems and rage

reactions–Bi-Polar (untreated)–Active, chronic drug abuse and/or

alcoholism

After continued

• Children can endure and live with–Moderately impaired schizophrenics–Obsessive compulsive disorder–Anxiety disorders–Dysthemia–Thought Disorder (mild)–Aspergers

Helpful References• Guidelines for Child Custody Evaluations in

Family Law Proceedings. http://www.apa.org/practice/guidelines/child-custodyt.pdf

• Ellis, Elizabeth Divorce wars: Intervention with families in conflict. Washington D.C.,APA, 2000

• Melton, G. et al. Psychological evaluations for the courts: A handbook for mental health professionals and lawyers (3rd), New York, Guilford Press, 2007

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