Rule 510-5-.08 - Forensic Assessment(1) Psychologists' forensic assessment, recommendations, and reports are based on information and techniques (including personal interviews of the individual, when appropriate) sufficient to provide appropriate substantiation for his/her findings.(2) Psychologists provide written or oral forensic reports or testimony of the psychological characteristics of an individual only after they have conducted an examination of the individual adequate to support his/her statements or conclusions. Provided, however, that when, despite reasonable efforts, such an examination is not feasible, psychologists clarify the impact of his/her limited information on the reliability and validity of his/her reports and testimony, and they appropriately limit the nature and extent of his/her conclusions or recommendations.
(3) In forensic testimony and reports, psychologists testify truthfully, honestly, and candidly and, consistent with applicable legal procedures, describe fairly the basis for his/her testimony and conclusions.(4) Whenever necessary, psychologists acknowledge the limits of his/her data or conclusions.(5) In most circumstances, psychologists avoid performing multiple and potentially conflicting roles in forensic matters. When psychologists, may be called on to service in more than one role in a legal proceeding (for example, as consultant or expert for one party or for the court and as a fact witness) they clarify role expectations and the extent of confidentiality in advance to the extent feasible, and thereafter, as changes occur, in order to avoid compromising his/her professional judgment and objectivity, and in order to avoid misleading others regarding his/her role.(6) When a judge authorizes an order for a psychologist to conduct a psychological custody evaluation of a family, the court appointed psychologist shall not be subject to disciplinary action resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was found in bad faith by the judge (see O.C.G.A. § 19-9-3). If found in bad faith by the judge the following is considered by the Board in deciding whether or not a rule violation has occurred: The definition of "working in good faith" shall be based on compliance with the APA's 2010 "Guidelines for Child Custody Evaluations in Family Law Proceedings." Any Board filed complaint that alleges misconduct by a psychologist acting as a court-appointed custody expert must cite a specific breach of the APA's guidelines before any action is taken against the psychologist.Ga. Comp. R. & Regs. R. 510-5-.08
O.C.G.A. §§ 43-1-19; 43-1-24; 43-1-25; 43-39-5; 43-39-6; and 43-39-13.
Original Rule entitled "Representation of Services" adopted. F. July 27, 1994; eff. August 16, 1994.Repealed: New Rule entitled "Forensic Assessment" adopted. F. Mar. 18, 2004; eff. Apr. 7, 2004.Amended: F. Sep. 25, 2012; eff. Oct. 15, 2012.Amended: F. Jun. 4, 2014; eff. Jun. 24, 2014.