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To Be Fair: Evaluators in a Lawyer's World

NCJ Number
162779
Journal
Journal of Child Sexual Abuse Volume: 4 Issue: 4 Dated: (1995) Pages: 137- 143
Author(s)
F P Cervone
Date Published
1995
Length
7 pages
Annotation
An attorney discusses the role of mental health professionals as evaluators and witnesses in cases of alleged child sexual abuse and comments on Milchman's article about the practical and ethical issues for mental health professionals involved in these cases.
Abstract
The discussion notes that the evaluator's role in a child custody case differs from the investigatory and treatment roles of therapists and social workers in child welfare cases. Evaluators will probably have difficulty controlling the use of their information. Court-involved advocates should disclose their role at the outset, particularly if engaged by one party. A contrasting role is that of a child advocate, who is an attorney or other qualified individual such as an attorney-social worker team or court-appointed special advocate. Evaluators cannot entirely avoid the inherent limitations on their objectivity. As Milchman suggests, child advocates might appropriately intercede to acquire the assessment and share it with all parties, waive for the child or obtain waivers as needed, and then oppose further evaluative interventions. Evaluators should present their information and observations to the court and leave to the court the ultimate decision about where the child should live or how the child should be raised. 5 references