24.219.1209    COMPETENCY

(1) Licensees performing parenting plan evaluations in Montana shall be licensed to practice in the state of Montana.

(2) Licensees performing parenting plan evaluations must comply with the board's rules regarding unprofessional conduct.

(3) Licensees may only perform parenting plan evaluations if they have acquired specialized training, education, and experience in the areas of assessment of children and adults, child and family development, child and family psychopathology, and the impact of divorce on families. They shall acquire current knowledge regarding diverse populations, especially as it relates to child-rearing issues.

(4) Licensees may only operate within their areas of competence and shall seek appropriate supervision when necessary.

(5) Licensees must understand the construction/administration/interpretation of the test procedures the licensee employs.

(6) Licensees must maintain current knowledge of scientific, professional, and legal developments within their area of claimed competence, and use that knowledge, consistent with accepted clinical and scientific standards, in selecting current data collection methods and procedures for an evaluation.

(7) Licensees shall use multiple methods of data collection in a parenting plan evaluation.

(8) Licensees shall be aware of personal and societal biases and engage in nondiscriminatory practice. The licensee shall be aware of how biases regarding age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, language, culture, and socioeconomic status may interfere with an objective evaluation and recommendations, and shall strive to overcome any such biases or withdraw from the evaluation.

(9) Licensees shall understand, clarify, and utilize the concept of the "best interests of the child" guidelines, as set forth in Title 40, chapter 4, MCA.

(10) Licensees shall maintain current knowledge of legal standards regarding parenting plans, divorce, and laws regarding abuse, neglect, and family violence. Licensees shall also understand the civil rights of parties in legal proceedings in which they participate, and manage their professional conduct in a manner that does not diminish or threaten those rights.

(11) Licensees shall recognize and state any limitations of their assessments and reports.

(12) Licensees shall not render diagnoses or form an expert opinion about any party not personally evaluated, and may not make parenting plan recommendations when both parents and children have not been personally evaluated by the licensee. In situations where all parties cannot be evaluated, licensees shall limit recommendations and opinions to individuals evaluated, and shall avoid making recommendations regarding placement and visitation.

History: 37-1-131, 37-22-201, MCA; IMP, 37-1-131, 37-22-102, 37-22-201, 37-23-102, MCA; NEW, 2011 MAR p. 2038, Eff. 9/23/11.