Ohio Administrative Code › Title 4757 - Counselor, Social Worker, and Marriage and Family Therapist Board › Chapter 4757-6 - Ethical Practice › Section 4757-6-01 - Reports prepared for court review including custody, visitation and guardianship concerns

Current through all regulations passed and filed through July 1, 2024
(A) The role of the counselor, social worker,
			 or marriage and family therapist is that of a professional expert who strives
			 to maintain an objective, impartial stance. A counselor, social worker or
			 marriage and family therapist does not act as a judge who makes the ultimate
			 decision applying the law to all relevant evidence. Neither does a counselor,
			 social worker or marriage and family therapist act as an advocating attorney
			 who strives to present his or her client's best possible case. A counselor,
			 social worker, or marriage and family therapist in a balanced, impartial manner
			 informs and advises the court and the respective parties of the relevant mental
			 health factors pertaining to the issue. A counselor, social worker, or marriage
			 and family therapist should be impartial regardless of whether he or she is
			 retained by the court or by a party to the proceedings. If either the
			 counselor, social worker, marriage and family therapist, or the client cannot
			 accept this neutral role, the counselor, social worker, or marriage and family
			 therapist shall withdraw from the case. If not permitted to withdraw, the
			 counselor, social worker, or marriage and family therapist acknowledges past
			 roles and other factors that could affect impartiality.
(B) A counselor, social worker, or marriage
			 and family therapist contemplating performing court reports, including child
			 custody reports, is aware that special competencies and knowledge are required
			 for the undertaking of such evaluations. Competence in performing psychological
			 assessments of children, adults and families is necessary but not sufficient.
			 Education, training, experience and/or supervision in the areas to be evaluated
			 are essential in preparing a report.
(C) A counselor, social worker, or marriage
			 and family therapist uses current knowledge of scientific and professional
			 developments consistent with accepted clinical and scientific standards in
			 selecting data collection methods and procedures.
(D) In the course of preparing a report,
			 allegations of other issues may occur that are not necessarily within the scope
			 of a particular evaluator's expertise. If this is so, the counselor, social
			 worker, or marriage and family therapist seeks additional consultation,
			 supervision, and/or specialized knowledge or training to address these
			 issues.
(E) A counselor, social
			 worker, or marriage and family therapist engaging in preparing reports that
			 will likely be used in court is aware of how biases regarding age, sex, gender
			 identity and expression, sexual orientation, race, ethnicity, national origin,
			 immigration status, disability, religion, language, culture, veteran status,
			 marital status, political belief, housing status, and socioeconomic status may
			 interfere with an objective evaluation and recommendations. A counselor, social
			 worker, or marriage and family therapist recognizes and strives to overcome any
			 such biases or withdraws from the evaluation.
(F) A counselor, social worker, or marriage
			 and family therapist shall not conduct a court evaluation in a case in which
			 that counselor, social worker, or marriage and family therapist served in a
			 therapeutic role for the client or his or her immediate family or has had other
			 involvement that may compromise the counselor, social worker, or marriage and
			 family therapist's objectivity. This should not preclude a counselor, social
			 worker, or marriage and family therapist from testifying in the case as a fact
			 witness concerning treatment. In addition, during the course of a court
			 evaluation, a counselor, social worker, or marriage and family therapist shall
			 not accept any of the involved participants in the evaluation as a therapy
			 client. Therapeutic contact with the participants following the court
			 evaluation is undertaken with caution. A counselor, social worker, or marriage
			 and family therapist asked to testify in court is aware of the limitations and
			 possible biases inherent in such a role and the possible impact on the ongoing
			 therapeutic relationship. Although the court may require the counselor, social
			 worker, or marriage and family therapist to testify as a fact witness regarding
			 factual information he or she became aware of in a professional relationship
			 with a client, that counselor, social worker, or marriage and family therapist
			 shall decline the role of expert witness who gives a professional opinion
			 regarding the custody, visitation and/or guardianship issues.
(1) Licensees with a client involved in a
			 custody, visitation and/or guardianship case, if asked by a client and/or their
			 lawyer or the guardian ad litem to make a recommendation as to custody,
			 visitation and/or guardianship, shall cite their role as the primary therapist
			 for their client. This section does not apply to a licensee hired to make a
			 custody, visitation and/or guardianship recommendation for the court. Licensees
			 shall inform the requestor that they have not performed a custody, visitation
			 and/or guardianship evaluation and it would be unethical for them to make any
			 recommendation outside of their role as a treating therapist.
(2) Licensees asked by a judge to make a
			 recommendation in a custody, visitation and/or guardianship hearing, not hired
			 by the court to do so, shall cite their role as a client's therapist and note
			 that any testimony would be an ethics violation of their license and they can
			 only testify to facts that they know. Any recommendation would be based on
			 limited facts and not within their role as this client's therapist. However, if
			 ordered by the court to make a recommendation after stating these limitations,
			 the licensee shall follow the court's order in order to avoid being found in
			 contempt of court.