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CUSTODY ASSESSMENTS AND EVALUATIONS

a. A custody/visitation assessment involves the same investigation and produces the same recommended orders as a custody evaluation, and both comply with the standards of California Rule of Court 5.220. A custody evaluation, however, unlike an assessment, also includes a full written report explaining the recommended orders. The Court orders an assessment when it determines that a full report is not necessary.

(Eff. 1/1/07)

b. Assessments and evaluations may be performed by FCS or private assessors/evaluators. Absent good cause, parties shall take the first available appointment for an assessment or evaluation after the issuance of the order.

(Eff. 1/1/07)

c. As an alternative to an FCS assessment or evaluation and subject to the Court’s approval, the parties, by stipulation and at their expense, may nominate a private assessor/evaluator to perform an assessment or evaluation and to prepare written recommendations to the Court and a report (for an evaluation) pursuant to current statutory law. The Court may also appoint private assessors or evaluators in its discretion over objection at a noticed JCC, CMC, or other hearing.

(Eff. 1/1/07)

d. If there has been a previous FCS assessment or evaluation, FCS will generally schedule the assessment with that previous assessor/evaluator. For FCS assessments or evaluations, unless the parties and the mediator waive the confidentiality of the mediation proceedings, the case will be referred to a different FCS staff member for assessment or evaluation.

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(Eff. 1/1/07)

e. The director of FCS (or the director’s designee) shall have the exclusive responsibility for case assignment to assessors and evaluators within FCS.

(Eff. 1/1/07)

f. Child(ren) shall not be present for the initial assessment or evaluation appointment, except in cases where either parent resides in excess of 100 miles from San José, or the Court directs that the child(ren) be available. All parties shall cooperate with an assessor/evaluator in arranging times for the assessor/evaluator to see the child(ren), if requested by the assessor/evaluator.

(Eff. 1/1/07)

g. The assessor/evaluator will interview the parties, separately or jointly as appropriate, and their attorneys, and may schedule additional interviews with the parents, child(ren), or others to complete the assessment or evaluation.

(Eff. 1/1/07)

h. Fees shall be charged for any and all assessment or evaluation services provided by FCS, depending on the parties’ ability to pay.

(Eff. 1/1/07)

i. When the Court orders a custody/visitation assessment or evaluation through FCS, the parties shall submit deposits or fee waiver requests to FCS within 5 court days of receipt of the Court’s order. Deposits or fee waivers are required by FCS before the first evaluation appointment is scheduled.

(Eff. 1/1/07)

j. In the event that a private assessor/evaluator is assigned to the case, the parties shall share equally in the costs of the assessment or evaluation, unless the Court orders a different allocation. Fees shall be paid directly to the assessor/evaluator and are subject to reallocation by the Court at a later date. Any retainer required by a private assessor/evaluator shall be paid by the parties within 10 calendar days from the date of the order appointing the assessor/evaluator.

(Eff. 1/1/07)

k. Evaluation reports are confidential and shall be sent to attorneys and self-represented parties only. The confidential report shall not be duplicated, disseminated, or in any other way provided or shown to any individual not a party to the proceedings, except consulting experts, court ordered therapists, and court ordered evaluators. The evaluation report shall not be placed in the court file. Evaluation reports, including psychological evaluations, shall not be attached as exhibits to motions or orders to show cause.