Methods of Defining Practice Guidelines
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Transcript of Methods of Defining Practice Guidelines
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You are the court appointed PC for a Husband and Wife who are separated, seeking divorce, and primary custody of their ten year old daughter. The court has entered a temporary order outlining time sharing arrangements between the parties. A court appointed custody evaluator is in the process of completing an evaluation for the court. During one of the PC sessions, the Husband presents an email he received from the child which had been intercepted from her mother’s email account. The email stated that the Wife is aware that her paramour does not want her to be primary custodian of the child as it will hinder their plans but she needs to fight the battle so that child will not feel that she does not
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want her. The child had previously expressed a preference to live with her mother, but according to the Husband, the child now wants to live with her father.
What, if any, dilemma is there for the PC? Should the PC notify the custody evaluator? What is the PC’s responsibility regarding sharing the email
with the court? What recommendations, if any, should the PC present to the
parents regarding the child?
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Mom and Dad are in the middle of a Modification action and you have been appointed as the PC to implement the parenting plan as defined by the parties’ original Final Dissolution of Marriage. Mom was designated primary residential parent and the contact schedule was defined as “liberal visitation as agreed upon by the parties.” Dad is now seeking custody of the children claiming Mom is a cocaine addict,
Should the PC alert both Mom and Dad’s attorneys? What if any dilemma is there for the PC?
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however a custody evaluation has not been ordered. They have three children aged 8, 5, and 3 years.
During the pendency of the action, Mom is arrested by police on drug possession charges which she claims was a “set up” by the former Husband. Police had stopped her vehicle after an anonymous tip that the driver was driving erratically. Upon search of her vehicle, police found a “bong” and 10 grams of cocaine. At the next session, Husband notifies PC of Mom’s arrest.
What is the PC’s responsibility to report the arrest to the court? Should the PC notify child protective services?
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Wife files for divorce. Husband who has a history of substance abuse, is devastated and wants to work on reconciliation. Wife says no and tell him that she has been in another relationship for the past two years and wants out as soon as possible. After hearing the news the Husband sends that Wife a barrage of emails and voice mails in which he threatens to “pull a Charlie Manson” on her and her boyfriend. Husband later calls his lawyer and confesses that he was drunk when he made the calls and sent the emails. He vows never to do it again. Husband’s attorney and Wife’s attorney confer.
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Wife agrees not to file a Restraining Order but she wants a PC to confer on the issue of access and custodial arrangements for their 10 year old son. The parties consent to using a PC and the court orders the PC to assist the parties in developing a temporary time sharing arrangement pending outcome of the divorce.
Three weeks later during an office conference with his lawyer, the
Husband says in a serious tone: “I shouldn’t have emailed her, I should have just done it (Charlie Manson).” The lawyer calls the PC
and notifies her of his client’s comment, requesting her recommendations.
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Methods of Defining Practice Guidelines
Statute Administrative Order Local Rule Professional Organization Guidelines Practitioner Service Agreement
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TX AFCC Historical Context 1999 chapter organizational meeting goals
Family Violence: conference theme Voice of Child in Parenting Plans: conference theme & survey with report
on website 2003 Service Models Project to assess services available &
needed for high conflict families Identify & define current services Promote addition of Parenting Coordinator services Web directory of services + standards of practice Educate legal & mental health professionals + consumers Identify practice models used in Texas
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TX AFCC Jumpstart Process July 2004:
Harry Tindall volunteered to write Parenting Plan & Parenting Coordinator bill for 2005 legislative session
July 2004: Bill edited by TX AFCC Past-President, President, and
President-Elect [2 judges & 1 therapist] August 2004:
TX AFCC Board reviewed & wrote support letter of concepts with special concerns identified
November 2004: TX AFCC conference on services for high conflict families,
including proposed bill
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Bill Run by Legislative Process 12-17-2004:
Bill filed by House sponsor 3-9-2005:
Individual support members from TX AFCC collaborated with TX Council on Family Violence to revise wording of bill
3-16-2005: Individuals testified before House Committee with no opposition
4-21-2005: House vote
5-12-2005: Unanimous approval by Senate Committee
5-24-2005: Senate vote
6-17-2005: Governor signed
9-1-2005: Went into effect
2007 legislative session: Amendments
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What We Learned in Texas About Getting Legislation Passed
Internal conflicts among service providers and between professionals are the greatest challenges to overcome
Working out agreements with family violence advocates goes well if approached with an open mind and problem solving focus
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What We Learned in Texas About Getting Legislation Passed contd
Having a well drafted bill technically is critical
Having strategically positioned sponsor/s is critical
The reputation and professionalism of supporters is more important than the number of supporters
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What We Learned in Texas About Getting Legislation Passed contd
Keep goals modest and enactable Be flexible in accepting reasonable changes Patience is the key in the legislative process Be a long-term planner and keep the big
picture in focus
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What We Learned in Texas About Getting Legislation Passed contd
AFCC is a facilitator but not the controller of the process
AFCC chapter collaborating with other state organizations focused on family issues with lobbying status creates a good team
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What We Learned in Texas About Getting Legislation Passed contd
It’s not over when it’s over
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PC StatutesRefer to Conference Book
Workshop # 33: Defining PC to Meet Local Needs & National Uniformity
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Core Identifying Elements of PC
Title used Definition Goals Requirements for Ordering Provider Qualifications Report to Court Decision-Making Authority
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States with Statutory Guidelines
Minnesota - 1989 Oklahoma - 2001 Idaho - 2002 Oregon - 2003 Colorado - 2005 Texas - 2005 North Carolina - 2005
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Similarities & Differences Among States
Titles used 5 of the 7 states use Parenting Coordinator
Definitions & goals Impartial party who assists parents in conflict resolution Includes improving communication, resolving parenting
disputes, creating parenting plans, & implementing plans Requirements for ordering
Parental agreement to order encouraged Imposing requires consideration of constitutional rights 4 of 7 states say parents must be able to pay for services 3 of 7 identify a possible exclusion for family violence
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Similarities & Differences Among States
PC qualifications Diverse but similar to traditional family mediator
Confidentiality Records & testimony generally protected in
accordance with HIPAA Decision making authority
Non-substantive temporary decisions in some states Can be combined with arbitration role in Colorado Parents can agree to allow PC to make decisions
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Legislative Comparison
Texas PC Statute Signed July 2005 Title used: Parenting
Coordinator Defined as impartial 3rd
party to assist parties in resolving parenting issues in SAPCR
Colorado PC Statute Signed July 2005 Title used: Parenting
Coordinator Defined as neutral 3rd
party to assist in resolution of disputes concerning parental responsibilities
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Goals of PC Texas
Identifying disputed issues Reducing
misunderstandings Clarifying priorities Exploring possibilities for
problem solving Developing methods of
collaboration in parenting Educating re parenting plan
& facilitating agreements Complying with court’s
order
Colorado Assist in creating guidelines
for implementing parenting plan
Communication guidelines & skills
Parenting skill resources Identify causes of conflict Parenting strategies to
minimize conflict
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Requirements for Ordering Texas
Agreement OR High conflict Best interest of child with
good cause shown Family violence
exclusion if verified by court hearing
Must be able to pay cost unless government agency provides service
Colorado Failed to implement
parenting plan Mediation inappropriate
or failed Best interest of child Consider domestic
violence impact on ability to engage in PC
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Provider Qualifications
Texas Set by court with
minimum of: MH bachelor’s degree +
16-hr minimum PC training OR
MH master’s degree with family & child emphasis
Minimum 8 hrs family violence training
Colorado Current/past/future
evaluator excluded
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Report to Court
Texas Records & testimony
privileged Report to court whether
process should continue
Colorado Records & testimony
privileged except by agreement of parties
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Decision-Making Authority
Texas Facilitate agreements but
no authority to make binding decisions
Submit agreements to court for approval
Colorado Can be combined with
appointment of decision-maker by agreement of parties
Decision-maker has binding authority to resolve disputes concerning children [parenting time, disputed parental decisions, & child support]
Decisions subject to de novo hearing
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Statute References
Texas Filed bills in legislature
[HB 555 in 2007]
http://www.legis.state. tx.us/
Statutes [Texas Family Code §153.601-611]
http://tlo2.tlc.state.tx.us/
statutes/statutes.html
Colorado Colorado Revised
Statutes 14-10-128.1
www.courts.state.co.us
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Small Group Questions
What factors would you consider in deciding whether to pursue PC legislation?
What guidelines must be included in legislation to provide consistency?
How would you promote implementation of the statute?