LEGAL USE OF MENTAL HEALTH EVALUATIONS IN CHILD PROTECTION PROCEEDINGS

The authors examine the use of mental health evaluations in legal decision making within a large, urban juvenile court system. The focus was on court files in child protection cases relating to 171 randomly selected mental health evaluations completed on parents and 44 evaluations completed on children. Parent evaluations (46.7%) were much more likely to be present in court files than child evaluations (5.9%), and evaluations conducted by in-house court clinicians (63.8%) were more often present than those conducted by noncourt clinicians (37.5%). References to evaluations in child welfare, legal, or mental health documents varied with the type of information, subject (parent or child), and source of the evaluation. Findings and/or recommendations of evaluations were cited in legal or mental health documents for approximately two thirds of parent evaluations but only one third of child evaluations. Evaluation findings and/or recommendations were stated as a basis for legal decisions in 36.2% of court-based parent evaluations, 21.0% of noncourt-based parent evaluations, and 2.3% of child evaluations. These results provide evidence of a modest impact of parent evaluations on legal decisions and notably less impact for child evaluations. The authors suggest directions for future research and practice in order to increase the accessibility and usefulness of clinical evaluations in legal decision making.     

IN AND OUT OF HARM'S WAY: VIOLENT VICTIMIZATION AND THE SOCIAL CAPITAL OF FICTIVE STREET FAMILIES*

Homeless youth establish a variety of relationships with people they meet on the street. These associations generate different levels of the intangible resources of trust, commitment, and reciprocity that contribute to a person's social capital. We argue that the relationships homeless youth describe as “street families” resemble the fictive kin common among people who have limited resources, and that these relationships are a greater source of social capital than are other associations. Social capital may improve access to many valued outcomes, including protections. Regression analyses of violent victimization support our argument, demonstrating that fictive street families keep youth out of harm's way more than do other street associations.     

PICKING CHERRIES WITH BLINDERS ON: A COMMENT ON ERICKSON ET AL. (2007) REGARDING THE USE OF TESTS IN FAMILY COURT*

Erickson, Lilienfeld, and Vitacco's (2007/this issue ) review of the suitability and limitations of psychological tests invites legal and mental health professionals to rely on it as an objective guide for selecting, using, and admitting psychological tests in family court matters. Unfortunately, their discussion is marred by a pronounced bias in favor of multiscale, objective personality inventories and against performance‐based or projective instruments. This bias is evident not only in their unbalanced emphasis on the strengths of the former and weaknesses of the latter, but also in their use of selective citations and loaded language in launching what amounts to a polemical argument in support of tests that they favor. Their discussion of the Rorschach inkblot test is particularly misleading. This article refutes their unwarranted criticisms of the theoretical underpinnings of the Rorschach test, its research base, its norms, its interscorer reliability, the validity of its scores, and its admissibility in the courtroom. The value of multimethod assessments that include the use of direct clinical observation of performance under standardized conditions in custody evaluations is highlighted.     

CONSULTANT CONDUCT IN ANTICIPATION OF A CHILD CUSTODY EVALUATION: ETHICAL AND SOCIAL DILEMMAS AND THE NEED FOR NEUTRAL PARENT EDUCATION

Mental health professionals are being retained with increasing frequency as “custody consultants” to prepare a parent for a child custody evaluation. While this practice may serve a legitimate function, no ethical guidelines clearly govern the conduct of a consultant in such circumstances. This lack of guidance has led to professional disagreement regarding the ethical implications of the practice. This ethical ambiguity is accompanied by social concern regarding the high cost of custody consulting, which has the practical effect of denying consulting services to low‐income or self‐represented litigants. This Note will describe the growing practice of custody consulting and the ethical and social unease currently associated with the practice. This Note will then propose that mandatory parent education programs be developed for parents preparing to undergo a custody evaluation. This type of educational program would provide many of the benefits of custody consulting in an ethically neutral fashion and would ensure that all parents have access to the benefits of this growing practice.