This document contains information on the Parenting Plan Evaluation or Social Investigation & Study process I have been retained to conduct upon order of the Court, or upon stipulation of both parties and their attorneys, and ratified by the Court. As a Psychotherapist licensed under Florida Statues 491, I am trained, experienced and legally qualified to conduct the services described below. I will in no way provide any form of psychotherapeutic treatment as a part of this process. Should you feel there is a need for such services, you agree to seek professional assistance from an appropriately trained clinician other than myself or any clinicians at my office.
Guidelines to be reviewed and agreed upon before this process commences include the following:
1. Investigator’s Role: By remaining impartial and neutral, I will endeavor to analyze and assess the many individual and family factors impacting child development and assist the court in making a decision in the very best interest of your child(ren). My purpose is to evaluate the psychological, developmental, and emotional needs of each child, the parenting capacity of each prospective custodian, and the functional ability of each parent to meet the complicated needs of each child.
The wishes of your child(ren), where appropriate, will also be considered. I will give each parent ample opportunity to contribute pertinent information, communicate any concerns, and demonstrate the nature of your relationship with your child(ren). I will also consider your current living, financial, employment, health, and other circumstances, as well as speak with any collateral contact(s) you believe would be helpful to my Investigation.
A link will be provided with instructions for how to complete all of the necessary forms. These forms are quite detailed and time sensitive. These forms will be completed and submitted online.
At the conclusion of this process, I will prepare a written report for you and your respective attorneys outlining my findings and the rationale for any professional recommendations given. My Investigation will be conducted to the highest professional and ethical standards and will be free from discriminatory bias based upon age, gender, race, ethnicity, national origin, religion, disability, language, culture or socioeconomic status.
2. Multiple Relationships: As is expected by professional standards, I will not conduct a Child Parenting Plan Evaluation or Social Investigation & Study for any current or former patient(s) of Tracy Riley Counseling, nor with any person(s) with whom a previous close professional or personal relationship exists. If I become aware of such a previous relationship prior to or during the course of the Investigation, I will inform the court and respective attorneys for the parties to determine if a true conflict is present. Due to the nature of the work, it is almost impossible to avoid any and all previous knowledge of other professionals.
3. Pre-Investigation Communications: Previous to engaging my services as a Parenting Plan Evaluator or Social Investigation and Home Study Investigator, I will gladly discuss and clarify any information contained in this Agreement or discuss any concerns regarding the process of the Evaluation/Investigation. Also, as discussed in #4 below, I will discuss any concerns regarding safety, domestic violence, or potential abuse issues with either party. I will not discuss with either party or either party’s legal counsel any matters pertaining to the Evaluation/Investigation itself, nor any particulars of the case itself, other than to request or clarify information needed to commence or proceed with the Evaluation/Investigation. This ensures my neutrality and avoids any perception of bias on my part.
4. Safety: You agree that if there has been any violence or domestic abuse in your relationship, or any current viable threat to you, your child(ren), or any other party to the Evaluation/Investigation which may limit your ability to effectively participate in this process, you will report this to me. You may inform me either directly during any individual session or visit, or confidentially via my email (Tracy@TracyRiley.com). You further agree to notify your respective attorney of any concerns you may have in this regard.
5. Mandatory Reporting: You understand and agree that, by law, when information concerning child abuse or neglect; abuse, neglect or exploitation of a disabled adult or elderly person; or the serious threatened harm to anyone comes to my attention during the course of this Investigation, I must notify the appropriate authorities or potential victim, if any, and not adhere to the confidentiality restrictions normally engaged during the course of such an Evaluation/Investigation.
6. Independent Legal Counsel: You are encouraged to avail yourselves of legal counsel if you so desire. You have the right to retain a separate and independent attorney of your own choosing to advise you of your legal rights and responsibilities before and during this legal proceeding. You are encouraged to talk openly with your attorney throughout the entire evaluation/investigation process. However, correspondence between myself and respective attorneys during the course of this Evaluation/Investigation will be prohibited except in extreme circumstances, and only when the opposing attorney is included in any/all phone or email contacts. You understand that I will not provide any legal services or advice.
7. Court Appearances: I am available to testify as a witness in this litigation or legal proceeding at the conclusion of the Evaluation/Investigation, once my final report or evaluation product has been submitted to the Court. Should any signatory of this agreement seek to retain me to testify or provide any information in a court proceeding or deposition, you agree in advance that this person will compensate me, at the rate of $2300 per half day of deposition or court testimony.
Most likely, this will cover any and all time expended in response to the request for testimony or subpoena of information, including preparation and court time, document review and phone calls, all travel time, including all time expended in invoicing, correspondence, etc., plus the cost of all legal services which I may employ to defend the integrity of this Evaluation/Investigation, if necessary. If my time exceeds four hours, each additional hour is billed at $575 per hour. The best estimate of time will be calculated prior to testimony and all fees will be paid a minimum of 7 days in advance.
If both parties request my presence in court, the retainer fee and any additional fees can be split according to agreement between the parties, or as ordered by the Court. As preparation and case review begins immediately upon notification that court appearance is required, the fees paid are non-refundable if the case settles or my testimony is no longer required.
8. Subpoena or Demand for Documents: You have been clearly informed, and fully agree, that the sole product of this Evaluation/Investigation shall be a summary document or final report that will be submitted to the Court and both parties and attorneys upon completion of this Evaluation/Investigation. You further agree that all personal notes, phone records, emails, correspondence, interview records, travel logs, and any/all other documentation used in the course of the Evaluation/Investigation, or in the completion of the final report, shall not be produced, subpoenaed, or become in any other way discoverable by either party for any reason.
All such documents shall remain the private possession and purview of the Evaluator/Investigator, and will not be made available to any 3rd party to evaluate the final product of this Evaluation/Investigation, nor used to examine or cross-examine this Evaluator/Investigator during any deposition or court appearance or investigation by any investigative body.
9. Fees: My fee for Parenting Plan Evaluations or Social Investigations is $8,500.00-11,000.00, and are subject to change without notice. This rate shall apply to all time required for interviews, local travel, home studies, phone calls, emails, discussions with collateral contacts, reading any pertinent documentation, attorney conferences, preparation of final summary and recommendations, and any other time spent on your behalf. This fee does not include court testimony, depositions, or travel outside of the local area.
Once the Evaluation/Investigation begins, this fee becomes non-refundable.
If you haven’t already, please go to https://quickclick.com/r/36sbw690rcqnm6xufmf629vaehnmhc to make your portion of the payment.
10. Full Disclosure: You agree to cooperate fully with all requests for documentation or records, and to fully disclose all relevant information, as requested throughout the course of the Investigation. If you have any reason to doubt the honesty, accuracy or completeness of the opposing party’s disclosure of any relevant information, it is agreed that you will inform your attorney and me as soon as such concern arises.
11. Cancellation Policy: During the course of this Evaluation/Investigation, time will be coordinated with and reserved for you, or on your behalf. If you fail to provide a 24 hour notice of cancellation for an appointment, my full hourly fee of $175.00/hour will be charged to you, regardless of who was responsible for paying for the investigation. This includes missed office visits, phone appointments, home visits, and interviews scheduled with you, with collateral contacts, or on your behalf. This is in addition to the evaluation fee.
12. Expected time frames: You can expect a minimum time period of two (2) to (6) months in order to fully investigate your case and compile a summary document for the Court. Often, due to the complexity of a particular case, the degree of cooperation by all parties and collateral contacts, the amount of physical documentation presented for review, travel requirements and other factors, much more time may be required in order to conduct a thorough and professional Evaluation/Investigation.
13. Psychometric Assessments: During the course of this Evaluation/Investigation, I will conduct psychometric assessments with the parents and their significant others, as applicable. As a result, I may give an opinion about the mental health functioning of the adults involved in a child's day to day life. I may suggest a clinical diagnosis and may make recommendations on following up with professional services. If I become concerned about the emotional functioning of any individual, I may request that the Court order additional evaluations or treatment by a qualified professional before I can complete my Evaluation/Investigation.
If such an evaluation is not ordered by the Court, or is otherwise unavailable, I may include a statement of my concerns in my written summary. The exact psychological testing may vary, depending on the case dynamics and the individuals involved.
Most likely, the testing will include the following:
Personality Assessment Inventory (PAI)
The Personality Assessment Inventory (PAI) provides information relevant for clinical diagnosis, treatment planning and screening for psychopathology. The PAI covers constructs most relevant to a broad-based assessment of mental disorders. It is comprised of 344 items and requires 50-60 minutes to administer.
The Parenting Alliance Measure (PAM)
The Parenting Alliance Measure (PAM) is an instrument that measures the strength of the perceived alliance between parents of children ages 1 to 19 years. It is used to describe the part of the marital relationship that is concerned with parenthood and child rearing. A sound parenting alliance is established if each parent is invested in the child, values the other parent’s involvement with the child, respects the judgments of the other parent, and desires to communicate with the other parent.
The Child Abuse Potential Inventory (CAP)
The Child Abuse Potential Inventory (CAP) is an instrument of known psychometric qualities that assists in the screening of suspected child abuse cases. The CAP Inventory contains a total of ten scales.
Parenting Stress Index Fourth Edition (PSI-4)
The Parenting Stress Index (PSI) is a 101-item inventory plus Life Stress scale designed to evaluate the magnitude of stress in the parent-child system. This test is comprised of two domains, child and parent, which combine to form the Total Stress Scale. The PSI helps the clinician identify specific problem areas and strengths in relation to the child, the parent, and the family system.
Substance Abuse Subtle Screening Inventory (SASSI-4)
The Substance Abuse Subtle Screening Inventory (SASSI-4) is a screening measure that could help identify individuals with a high probability of having a substance use disorder. This test contains two types of true/false questions; symptom-related items and subtle items related to substance use.
14. Process: This evaluation will include, at a minimum, individual interviews with both parents and child(ren); telephone or face-to-face interviews with other adults involved with your child(ren); interviews and observations of each parent with the child(ren); review of pertinent records; telephone or face-to-face interviews with collateral parties; production of a written report; and any additional work deemed necessary to complete the evaluation.
15. Indemnification and Hold Harmless: All parties, individually and on behalf of the minor children, agree to indemnify, protect and hold Evaluator harmless from any loss, costs or expenses, including but not limited to reasonable attorney fees incurred by Evaluator, in connection with any claims, actions, administrative proceedings (formal or informal) and any other actions brought by the parties against Evaluator and determined by trier of fact to be unfounded. This indemnification clause, in its entirety shall apply to any such loss, costs or expenses incurred by Evaluator in connection with any investigation, complaint or proceeding by the appropriate licensing board, agency or association resulting from any claim or complaint by the Client that is heard by said licensing board, agency or association and determined to be unfounded.
It is typical in nature that upon the conclusion of this investigation, one or both parties may be unhappy with the outcome. Please keep in mind that the conclusions are based on what is in the best interest of your child/ren. Regardless of the outcome, you agree there will be no type of retaliation towards the Evaluator. Including but not limited to social media, negative reviews, or bad mouthing the Evaluator in any manner.
16. Informed Consent: You understand that in a Parenting Plan Evaluation or Social Investigation, there is no implied or actual assumption of confidentiality regarding any information disclosed. This includes you, your child/ren, professionals, and/or any collateral people that provide information. By consenting to this Evaluation/Investigation, you are consenting to disclosure of my findings to the Court and opposing counsel. This entire document serves to act as the informed consent for the social investigation.
17. Recording: You understand that at no point can any of our conversations be recorded, whether audio, video, or otherwise. This is regardless of your state’s law on recording other people. There is absolutely no recording of our meetings, or meeting with your child/ren.
By your signature, you consent to waive any assumption of confidentiality, whether during the Evaluation/Investigation itself, in the submission of a written summary of findings, or in any litigation process to follow.
18. Other Professionals: Due to the extensive nature of these investigations, there may be times where associates within my practice are included to assist with report writing, information gathering, administering psychometric assessments, etc. These mental health clinicians act as my representative, and I take all responsibility for their work products.
Your signature also gives your consent to allow me to contact any and all collateral contacts listed on your Collateral Contact List, and to be allowed full and complete access to any and all records, including legal, financial, school, medical, mental health and all such related records for yourself and any and all minor child(ren) involved in this Evaluation/Investigation.
This document is a legal contract. Your signature, voluntarily given without attorney review of this document, does not invalidate any term or condition of this contract. If you wish to have your attorney review this document before giving your signature, please do so immediately.
Once your signature has been given and your portion of the evaluation is paid, this contract is legally binding, and the Evaluation/Investigation will officially commence. If each term of this contract has been discussed to your satisfaction, if all questions and concerns have been addressed, and if this contract accurately reflects your agreement to engage my services as described above, please print and sign your name in the spaces indicated below.
I look forward to serving both parties in the best interests of your mutual child(ren).
Sincerely,
Tracy Riley, PsyD, LCSW
