Forensic custody evaluators play an important role in family court cases, assessing family dynamics and making recommendations concerning child custody and visitation. The state mandates specific training requirements with the latest knowledge and skills necessary to better ensure evaluators can handle these sensitive issues. A failure to complete continuing education requirements can come with serious ramifications.
What are the requirements?
New York lawmakers recently increased requirements in response to the tragic death of a young child. A father murdered his toddler during a court approved visit after a forensic custody evaluator recommended joint custody. The evaluator recommended this arrangement even after the mother and her team presented the evaluator with evidence the father was suicidal, violent, and had recently purchased multiple guns.
The tragic death led to legislative change, and the resulting law provides requirements that forensic evaluators who work in child custody and visitation cases receive domestic violence training as well as proper licensure and certification. Since New York only allows licensed psychologists, social workers, and psychiatrists to serve in this role, more than just the forensic custody certification is on the line for those who do not meet these requirements — these experts also find their professional license at risk.
It is important to note that the rules of compliance are evolving. New York State’s Education Department Office of the Professions often updates these requirements. The law requires professionals to stay appraised of and meet these changing requirements.
What are the risks of non-compliance?
A failure to meet the mandated training requirements exposes custody evaluators to several risks, including:
- License suspension or revocation: The New York licensing board has the authority to suspend or revoke a license if an evaluator fails to comply with ongoing training requirements.
- Reduced professional credibility: Lack of current training can undermine an evaluator’s credibility in court and among peers, potentially impacting the outcome of custody cases and damaging professional relationships.
To avoid these risks, forensic custody evaluators should regularly review state requirements and plan for ongoing education.
Attorney John Rivas is responsible for this communication.
