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AUSTIN CHILD CUSTODY SERVICES dba STATEMENT OF UNDERSTANDING FOR AN EVALUATION Between _________________________________ and William G. Austin Service: Forensic Psychological Services Child Custody, Parental Responsibility, Parenting Time Evaluation Court-Ordered Child and Family Investigator Purpose: Court Ordered Evaluation consistent with the laws and statutes of the State of Colorado including C.R.S. §§ 14-10-124; 14-10-116; 14-10-127; 14-10-129; 14-10-131. It is understood this evaluation is conducted under the statute of 14-10-116, but the other statutes pertaining to parental responsibility, parenting time, best interests of the child, and parenting evaluation may apply. It is understood that an evaluation will be conducted and a written report will be issued to the District Court and attorneys who represent the parties to the legal action, but to no other parties. The litigating parents are expected to receive a copy of the report from their attorney. It is understood that recommendations will be made to the court, but the psychologist is not a decision maker and the role of the evaluation is to provide the court with a description of facts and circumstances, analysis of the family, hypotheses about the child and parents, and predictions about which alternative residential living arrangement will produce the best developmental outcomes for the child, or be in his or her psychological best interests. The court may then use the report as part of the evidence in decision making about parental responsibility and parenting time or other issues. The report will also be available to the family and attorneys to facilitate a mediated settlement. The report will not be released to any other parties unless governed by legal authority. Forensic Procedures: The procedures for collecting and analyzing information in this evaluation usually include (1) extensive interviewing of both parents, step-parents or significant others of the parents; (2) interviewing of children beginning with young school age and older; (3) observations of children and parents; (4) a home visit to observe the home situation with parents and children together; (5) psychological testing of all adults in a parental role with the child; (6) psychological testing with older children; (7) interviewing third parties who know the parents and children; (8) Parenting Questionnaire; (9) reviewing relevant records and documents. Investigative Nature of Evaluation: Parenting or Child Custody Evaluations necessarily have an investigative component to them. Information that is relevant to key questions and issues must be uncovered. This sometimes requires the evaluator to be very direct and probing in the manner of asking interview questions. Documents may be requested that contain very personal information, such as telephone records or credit card statements. Hourly Billing Rate: Forensic psychological services are billed at the rate of $200 per hour. Out-of-state consultation cases or evaluations are billed at the rate of $300 per hour. Confidentiality: It is understood that there is not a privilege of confidentiality for any party that is a subject of the evaluation or any third party who is interviewed as part of the evaluation. CRS 14-10-127 allows the custody evaluator to talk to any party who has relevant information about the children and parents. I agree to grant permission to the evaluator to talk to any and all parties about me and my children on the matters before the court. I acknowledge no privilege of confidentiality exists regarding information communicated to the psychologist pertaining to the matters before the court. Since this is a forensic “custodial” evaluation in a “domestic relations” matter, the provisions in the Colorado mental health licensing statute concerning confidentiality do not apply [C.R.S. §12-43-215(7) ]. While there is not confidential relationship between Dr. Austin and any party to this evaluation or participating third party, the court generally makes an effort to seal the file so that it is not freely available to the public. I understand that confidential reports and records that are provided to the evaluator may be obtained by the attorneys involved in the case under the governing rules of discovery for the jurisdiction. Consent: I agree to participate in the evaluation procedures and understand that this evaluation is not psychological treatment. Evaluation procedures may consist of the following: 1. Interviews with myself and children, and other family members. 2. Interviews with third parties with relevant information 3. Examination of court documents, medical records, educational records, employment records, and other pertinent documents. 4. Psychological testing 5. Observation of parents and children 6. Home visit I give consent for the evaluator to make audio recordings of the interviews for myself and my children. Caveat: It is understood that only the parents of the child and the child(children) are required to participate in the evaluation. The party signing the form is not giving consent for a partner, significant other, or fiancé, or his/ her children to participate in interviews, testing or any other procedures. Separate consents will need to be obtained from other parties in order to obtain information from them, even though C.R.S. § 14-10-127 authorizes the evaluator to obtain information from such parties. This type of information must be voluntarily provided. Third Party Interviews: I understand the evaluation will need to interview third parties who have relevant information to contribute. I give authorization for Dr. Austin to inform third parties about this case, interview them, and to use this information in a report to the court. I understand the information provided by third parties is not confidential. Ex Parté Communication with Attorneys or Self-Represented Parties: I understand and my attorney understands that ex parté (communication only from one attorney to the evaluator) is not appropriate on any substantive issues during the course of the evaluation. Such communications are appropriate for the initial contact with Dr. Austin to determine availability to conduct an evaluation and to ask specific questions about services provided. They also are appropriate when restricted to strictly administrative matters. If written communication is made to Dr. Austin, I understand that the attorney (or self-represented parties) will send a copy to the other party and/or attorney. Cost and Payment for the Evaluation: I understand that the retainer for the evaluation will be paid by ________________________________ Cost for Home Visits and Travel: Travel cost is limited to the round trip distance from the nearest satellite clinic. If an overnight stay is necessary at a city of a satellite clinic there will be a charge for lodging and $50 per diem for food. Out of state travel includes a flat fee for each forensic travel day, transportation costs, meals, lodging, and incidentals. A good faith effort is made to contain costs. For long distance cases, where parents live in separate communities, sometimes interviewing, psychological testing, and observations of parent with child may be combined with a home visit. Cost of Trial Preparation and Testimony: I understand that if the case goes to trial that the party who requests the psychologist to testify will bear the responsibility of the cost. I understand that if I am requesting testimony from Dr. Austin as an expert witness that a subpoena needs to be issued and a retainer of $2000 will be provided by the responsible party. A Forensic Court Day is charged when there is a trial or hearing because an entire day needs to be blocked off and this charge is $2000. Exceptions may be made depending on the circumstances of the trial. Charges are made for pre-trial attorney conference, preparation for trial, and travel to court. Travel time is billed from the nearest office of Dr. Austin. So, if a trial is the town of a satellite clinic, no travel time will be charged. Cost of Providing a Deposition: If a deposition is requested by one party, then a subpoena is required. I understand whichever party issues a subpoena to Dr. Austin is responsible for payment. I understand the fee for participation in a deposition is $200 per hour, but there is a minimum of four hours that needs to be reserved. Payment must be received one week in advance and 72 hrs. advance notice for cancellation is required. Providing a Photocopy of the File: I understand that if my attorney or myself as acting as my own attorney request a copy of the file as part of the discovery process for trial, I agree to make arrangements with a copying business in Steamboat Springs, CO for the reproduction of the file and prepayment for the reproduction cost. You should call PostNet at 970-871-9000 to make arrangements. Dr. Austin will deliver the file to the business after it is confirmed that arrangements for payment have been made. I agree to pay a $25 delivery fee of the file to the copy service and all mailing costs for the file to be delivered to my attorney or myself if I am operating pro se. I understand if the report was released before payment of the outstanding balance was made that the file will not be made available for reproduction until the balance is paid. Missed Appointments: There is a 48 hour cancellation policy because appointments are generally made in blocks of time for extended interviewing and testing. If there is a missed appointment or late cancellation, then it is billed at the rate of $200 hour for the scheduled time. Interim Recommendations: Interim recommendations will not be offered. For example, if attorneys or the court should request an opinion and recommendations about parenting time arrangements or other issues before all the information is collected and a report issued, this psychologist will not offer an opinion or recommendation. To do so would be unethical due to drawing a conclusion before sufficient information is available. Drug Testing: I understand that if either party raises the issue of illegal drug use by the other party, or if independent information is obtained that suggests possible drug use, that I will agree to under go voluntary Urine-analysis (UA) drug testing within ten (10) days of the request made by Dr. Austin. Violence Risk: If the evaluator determines there is a detectable risk that one of the parties may become violent after the report is issued, I agree to share in the cost of security in the event of a court hearing. This will only be the case if the court house does not have a security system in place. I understand and agree to the above conditions and stipulations. I understand that this document constitutes a contractual relationship between myself and Dr. William G. Austin. Party to the Case _________________________ Date _______________________________ Printed Name _________________________________ Attorney ________________________________ Date _________________________________ Printed Name
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