Lisa Taylor-Austin, NCC, LPC, LMHC, CFMHE, LLC

FAQs

Why do people/lawyers/courts seek forensic mental health services?

People need forensic mental health services for varying reasons. Some need to  comply with court orders while others need evaluations for employment reasons.  Mental health evaluations can be used in criminal court cases or to enhance a civil case currently under litigation. They can also be required for probation/parole purposes. Sometimes individuals may chose to seek a mental health evaluation as a “second opinion.” Sometimes people may need mental health evaluations for prior to medical surgery. Mental Health Evaluations are completed by a neutral professional with extensive training in mental health and forensics.

What can I expect in a forensic evaluation?

A mental health evaluation can take up to 8 hours to complete the testing and interview portion (for one adult).  When a custody evaluation is conducted it is a more involved process and usually takes between 30 to 60 days depending on the issues involved in the case (see section on this site called Child Custody).  At times, you may be asked to take certain actions outside of the interview, such as collecting information or keeping records.  You will be required to pay for evaluations in advance. At your appointment the reason for evaluation, role of evaluator, confidentiality issues (or lack of confidentiality) will be discussed. Your evaluation will include a detailed personal history, answering questions, and verbally participating with the evaluator. Most times you be given tests to complete. The tests do not have a “right” or “wrong” answer but are designed to assess your personality, level of mood, etc. Your evaluation may take one visit or more than one visit, depending on your situation. There are no right or wrong answers to give when talking to the evaluator. It is important to be honest and “be yourself.” Plan to spend three hours at your first appointment.

What benefits can I expect from working with a certified forensic evaluator/mental health professional?

A number of benefits are available from having your forensic evaluation completed by a mental health professional. Many people and/or attorneys find that working with a mental health professional to be a tremendous asset to managing difficult aspects of their case.   Some of the benefits available from forensic mental health services include:

• Having a professional explain to a jury or judge your situation, possible diagnosis or lack of diagnosis
• Finding resolution to the issues or concerns that led you to seek forensic services
• Improving your chances for successful jury selection
• Refuting testimony of other opposing expert witness that could be potentially damaging to your case

Why do Mental Health Evaluations cost so much?

Evaluations are conducted by professional mental health evaluators who have a minimum of a Masters degree (six years of college). The evaluator also has many hours of post-Masters training and experience. The Evaluation is a lengthy process and includes the ability to assess, diagnose, provide comprehensive reports, and sometimes testify in court. Child Custody Evaluations are much more involved and take specialized training to conduct. They take many more hours to complete and include the ability to work well with children and adults. Often there is interaction with many people and other professionals.

Why do I have to pay for my evaluation in advance?

It is necessary to provide funds in advance of appointments, because the evaluator attempts to avoid being vulnerable to allegations of bias. It is helpful, in assuring both parties of objectivity, to be free to render one’s opinion or recommendation without fear of difficulty collecting fees.

What can I expect from a preoperative bariatric evaluation?

This office will conduct a mental status exam, psychosocial history, clinical intwerview and administer the MMPI2 test.

Here is a good article about this question:
by Anthony N Fabricatore, Canice E Crerand, Thomas A Wadden, David B Sarwer and Jennifer L Krasucki, Published online: 01 May 2006

Background: The prevalence of extreme obesity and the popularity of bariatric surgery have increased dramatically in recent years. Many surgery programs require that candidates undergo a preoperative psychological evaluation, but no consensus exists for guiding mental health professionals in the conduct of these evaluations. Method: A survey was sent to bariatric surgeons, who were asked to distribute the surveys to the mental health professionals to whom they refer surgery candidates for preoperative evaluations. 194 respondents provided information on the assessment methods they use, which psychosocial domains are the focus of their evaluations, and what they consider to be contraindications to surgery. Responses to open-ended questions were coded for content. Results: Most respondents reported using clinical interviews (98.5%), symptom inventories (68.6%), and objective personality/psychopathology tests (63.4%). A minority used tests of cognitive function (38.1%) and projective personality tests (3.6%). Over 90% of respondents listed mental health issues among the most important areas to assess. Similarly, 92.3% listed psychiatric issues as “clear contraindications” to surgery, but no specific disorder was listed by a majority of respondents. Issues related to informed consent and treatment adherence were the non-psychiatric domains most frequently listed as important areas to assess and as contraindications to surgery.

Conclusion: The assessment practices of mental health professionals who evaluate bariatric surgery candidates vary widely. No consensus is likely to emerge until large long-term studies identify consistent psychosocial predictors of poor postoperative outcomes.

I believe a custody evaluation would help the judge make a good decision regarding our family. Should I begin by finding a forensic evaluator to do an assessment of my children and me, or should I wait for the court to order it?
There are advantages to each approach. The privately obtained expert opinion may be useful in court, and each party may obtain an evaluation and then offer the results, by way of calling the evaluator as a witness. One advantage is that one can research the experts in the geographic area or, if resources permit, locate a nationally known expert so as to be reasonably sure of the level of expertise of the expert. A second advantage is that if the evaluation is unfavorable, a second one can be sought. On the other hand, seeking court appointment of an expert evaluator assures that:

• The court may be expected to listen to the expert with receptivity to the opinion, so that the time and money will not have been wasted.
• The expert will have had the opportunity to see all parties to the suit, a prerequisite for making responsible custody or visitation recommendations.
• A court appointed expert will likely have access to a broad range of information from each side, so that a more thorough assessment may be accomplished.

What if I lose custody as a result of the evaluation, will I be able to try to correct my shortcomings and then get reevaluated, to try to regain custody?

Generally one parent does not win and the other parent lose custody. Usually each parent is allowed to share a specified amount of time with the child(ren). Rarely is the decision of the court based solely upon the custody evaluation. Instead, the court may consider the custody evaluation along with a social study of the parties, testimony presented by each party, and other factors, including the law in the state in which you live. Finally, if the results of the evaluation are not positive, there will surely be some recommendations for intervention, so that you may have some direction about how to work toward positive change. Your attorney can advise you about seeking reevaluation.

Are Forensic Evaluations Confidential?

In general, the law protects the confidentiality of all communications between a client and a psychotherapist/Forensic Evaluator. Information is not disclosed without written permission. However, there are number of exceptions to this rule. Exceptions include:

• Suspected child abuse or dependant adult or elder abuse. The Mental Health Professional is required by law to report this to the appropriate authorities immediately.
• If a client is threatening serious bodily harm to another person(s) The Mental Health Professional must notify the police and inform the intended victim.
• If a client intends to harm himself or herself. The Mental Health Professional will make every effort to enlist their cooperation in insuring their safety. If they do not cooperate, further measures may be taken without their permission in order to ensure their safety.
• Custody evaluations.  The forensic evaluator can explain areas of confidentiality in a custody case.  Generally speaking the evaluator is hired to give the court recommendations that would be in the “best interests of the child” so confidentially is limited.

Newswire Interview
May 14, 2008

Child Custody Evaluations – The Way to Go

Child Custody concerns often arise during divorce proceedings. Many couples are able to resolve their differences  in a an equitable and respectful manner, however, there are times when couples cannot come to an agreement about who their children should live with and what type of arrangements should be made. This where an independent Child Custody Evaluator can help.

Lisa Taylor-Austin, NCC, LPC, LMHC, CFMHE, LLC, www.mentalhealthevaluator.com, has specialized training in conducting Child Custody Evaluations. Having been trained and nationally certified by the National Board of Forensic Evaluators, Ms. Taylor-Austin understands the complex needs of all involved in a child custody evaluation. “The role of the evaluator is not to find fault with either parent or to decide where the children should live. The role is one of an independent, impartial professional who assesses both parents, all children involved and makes a recommendation to the Court,” she explained.

Child Custody Evaluations are lengthy, comprehensive and take the evaluator many hours to complete. Both parents are interviewed and tested, all children are assessed, collateral contacts such as school, church, daycare and neighbors are consulted, as well as medical records, legal records and educational records. The evaluation continues with home visits to each parent and observation of the parents and children together. The process is lengthy but well worth it for individuals who find themselves stuck in bitter custody divorces and unable to resolve child custody issues.

“Having a neutral evaluator with extensive training and education in child custody can help resolve child custody issues. Often the court will order a child custody evaluation to be completed. Divorce attorneys will sometimes recommend an evaluation be completed if their client is having difficulty with their case,” Ms. Taylor-Austin explained. “Child Custody Evaluators are not advocates for anyone in the family. They assess, observe, interview and visit the family for the best possible recommendation which is in the best interests of the children involved.”

Ms. Taylor-Austin is available nationwide. She also conducts Mental Health Evaluations for fitness for duty, fitness for medical procedures and probation/parole issues. Visit her website at www.mentalhealthevaluator.com for more information.