AUSTIN CHILD CUSTODY SERVICES dba William G. Austin, Ph.D. Licensed Psychologist Northwest Colorado Psychological Services dba www.child-custody-services.com 1575 Steamboat Court Evergreen, CO 80439 303-670-6767 voice 303-217-8990 fax e-mail address: wgaustinphd2@yahoo.com Attorney Services

1.      Work Product Review: the review of reports on parenting evaluations is a service provided to attorneys, which may be requested when a report recommends against an attorney’s client. This  service includes reviewing the report and supporting materials concerning procedures for implementing the evaluation; methods or instruments used in collecting data; and the degree to which conclusions and opinions of the evaluator appear to be supported by the underlying data collected. When the evaluator’s case file is available, including the underlying raw data of interview notes, psychological testing, and documents reviewed, then a more extensive review and analysis is possible.

When a forensic mental health evaluation is reviewed, I will take an objective approach to examining the work product and the evaluator’s process of reaching conclusions and opinions. If the evaluation appears to have been reasonably constructed and implemented and the conclusions are reasonably supported by the underlying data, then this assessment will be clearly communicated to the referring attorney. The strengths and weaknesses of the report will be summarized. If there appear to be significant problems, or even  “fatal flaws,” then this will be pointed out. The attorney then may want me to prepare a written report and appear in court to provide oral testimony on the quality of the evaluator’s work and work product, including if the data support the conclusions.

My report on the evaluator’s work and work product will always include both the strengths and weaknesses. I will address the following aspects of an evaluation:

    *        Whether the appropriate questions were addressed

    *        If the evaluator examined all of the rival alternative hypotheses

    *       Choice and implementation of forensic data gathering methods

    *        Interpretation of the data

    *        If relevant research was considered

    *        If the conclusions and opinions were supported by the data

    *        Possible appearance of evaluator bias

I will not opine on what specific recommendations on custody and parenting time are appropriate for the family since I will not have evaluated the individual family members. When my review of a report is unfavorable, then the work product review and written report will serve as a basis for the Court to be better informed as to whether the evaluator’s recommendations and opinions make sense and appear to be in the best interests of the children.

I am  a co-author on the following peer-reviewed journal article on conducting a forensic work product review:

Gould, J. W., Kirkpatrick, H. D., Austin, W. G., & Martindale, D. M. (2004). A Framework and Protocol for Providing a Forensic Work Product Review: Application to Child Custody Evaluations. Journal of Child Custody: Research, Issues, and Practices, 1:3, 37-64.

 2.    Pre-Trial Consultation: When reviewing a parenting evaluation that is unfavorable to the attorney’s client and there are substantial criticisms of the evaluation from the review, then it is expected the attorney will want assistance for trial preparation beyond what is contained in the written report on the work product review. Assistance is available on how to prepare questions for the direct examination  when I am testifying.  Suggestions can be given on how to inquire about the salient issues in the case and whether alternative hypotheses were examined. This type of service is sometimes referred to as rebuttal consultation and testimony. I am also available to help attorneys prepare questions for cross-examination of an expert.

 3.    Expert Testimony after a Review: When a written report is prepared, it is expected testimony will also be requested on the results of the work product review. If testimony and/or report is not feasible for practical or financial reasons, then I can prepare an affidavit or declaration that would summarize the findings of my review of the evaluator's work product.

 4.    Expert Testimony, General: Attorneys may request general expert testimony that may address relevant scientific research and be elicited in a hypothetical form.

 5.     Scientific Research: I will review a parenting evaluation to determine if the evaluator’s methods and interpretation of the parenting and child issues are consistent with the current scientific research in the social sciences generally, and on divorce and children in particular. This service is part of the work product review and consultation to the attorney. Research findings are based on groups of individuals and comparison of averages between groups on various measures. This is only a starting point for any parenting evaluation and only provides the basis for hypotheses for the case. Every evaluator needs to be informed about the relevant research, be prepared to show how it was considered in the case, and how opinions can be reconciled with the research if they are discrepant from research. Consultation is available to attorneys for both cross-examination of an unfriendly expert on the research and to bolster the testimony of a friendly expert by increasing awareness of research.

 6.    Interstate Consultation  and Evaluation: I am licensed in Colorado and North Carolina. Services are available in other states only to the extent that it will conform to the laws and regulations of that state. Most states allow for out of state, licensed psychologists to provide services on a time-limited basis