Rule 15.16 - EVALUATION PROGRAM(a) SUBJECT MATTER OF EVALUATION The DuPage Evaluation Program is a discretionary program of the Circuit Court of the 18th Judicial Circuit. If the Court determines that a custody or allocation of parental responsibilities evaluation, pursuant to 750 ILCS 5/604.10(b), is needed or would assist the court in making its determination, the Court may so order an evaluation.
Court-ordered Evaluation may include any pre- or post-judgment contested issue of parental responsibility, custody or allocation of parental responsibilities, visitation or parenting time, access to the children or other non-economic issues in relation to child(ren).
Unless otherwise provided in these Rules, the Court may order the parties to participate in evaluation at the mediation status date, upon motion of a party or upon the Court's own motion. The evaluator appointed by the Court shall make a recommendation to the Court with respect to those issues in dispute.
(b) PREREQUISITE TO EVALUATION(1) The parties ordered to evaluation by the Court shall have completed mediation prior to the commencement of an evaluation, unless the court in its discretion concludes otherwise.(2) The Court may appoint an attorney for the child/guardian ad litem/child representative prior to considering a Court-ordered evaluation, in light of Illinois Supreme Court Rule 907(e).(c) QUALIFICATIONS OF EVALUATORS (1) The 18th Judicial Circuit shall promulgate a list of evaluators who have been approved by the Chief Judge and the Presiding Judge of the Domestic Relations Division to act as evaluators for the DuPage County Evaluation Program, each of whom shall serve at the discretion of the Presiding Judge. Applicants for the program must file the required application with supporting documentation and meet the following criteria:(i) Shall satisfactorily complete a training program approved by the Court. In addition, the applicant must complete additional training as required by the Court from time to time;(ii) Shall be a Ph.D. in psychology, Psy.D., licensed clinical psychologist or psychiatrist;(iii) Shall maintain Illinois licensure in full force and good standing and carry current malpractice insurance in an amount as approved by the Presiding Judge;(iv) Maintain an office in DuPage County and be available to conduct evaluations in DuPage County;(v) Shall have at least five (5) years of experience in practice post-licensure, education, training and experience with children and families, plus training and/or experience specifically relevant to the evaluation process.(2) The Presiding Judge shall periodically prepare a list of Court-approved evaluators.(3) An evaluator shall agree to handle three (3) reduced fee or pro bono cases per year as identified by the Court. All requests for pro bono or reduced fee evaluations shall be made to and approved by the Presiding Judge of the Domestic Relations Division.(d) REFERRAL ASSIGNMENT PROCEDURE (1) Upon the Court's order for the parties to participate in evaluation, an evaluator shall be selected by agreement of the parties from the list of qualified evaluators. Absent an agreement, the trial judge shall assign the evaluator, and a one hundred twenty (120) day status date shall be set for the final evaluation report.(2) The Court shall designate in its order of evaluation:(i) The percentage of the evaluation fee that shall be paid by each party and/or whether the case should be considered a reduced fee or pro bono case;(ii) Who shall receive a copy of the evaluation report; and(iii) What specific issues are to be evaluated.(3) On or before the status date, the evaluator shall submit a report to those parties, or counsel of record for same, listed in order of evaluation.(4) The time for evaluation shall be tolled during any periods in which a motion to disqualify is pending.(5) The Petitioner shall provide the order appointing the evaluator to the evaluator, via facsimile, personal delivery, or electronic delivery within forty-eight (48) hours of the entry of said order.(6) The parties shall contact the evaluator within seventy-two (72) hours after the assignment for the purpose of scheduling an initial session.(e) CONFLICT OF INTEREST (1) If the evaluator appointed has or has had any possible conflict of interest, including but not limited to a current or previous therapeutic, personal or economic relationship with either party, any child, stepparent, other relative, counsel or anyone else involved in the case, he or she shall decline the appointment or disclose that relationship to the attorneys and may be removed for that reason. If there is a conflict, the parties may select or the Court shall appoint another evaluator.(2) The evaluator may not function as a therapist to the parties, the children, or stepparents before, during or after the evaluation.(3)Imputed Disqualification. No person will be eligible to serve as an Evaluator on any case in which that person or a member of that person's practice, agency or business entity or someone with whom that person shares office space has served or is serving as a Court-appointed mediator in that case under these Rules.(f) REPORTING RISK OF BODILY HARM AND ABUSE All evaluators will conduct themselves in accord with the Abused and Neglected Child Reporting Act standards (325 ILCS 5/1et seq.).
(g) DISCLOSURE OF INFORMATION The information exchanged during the evaluation process does not constitute "mental health services" or "services" within the meaning of the Mental Health and Developmental Disabilities Confidentiality Act and is, therefore, not confidential. The records of an evaluator are not subject to discovery without leave of court after proper notice to the other parties and the evaluator.
(h) EVALUATION PROCESS(1) The parties shall attend the evaluation sessions which shall consist of up to thirty (30) hours in length including testing, unless extended by agreement of the parties and the evaluator or order of Court. Attendance at evaluation shall be limited to the parties, the children and those specifically requested by the evaluator.(2) Attorneys for the parties shall not contact the evaluator either during or after the evaluation, without leave of Court, except concerning those matters in the referral form or in regard to scheduling. Guardians ad litem/child representatives/attorneys for child(ren) are permitted to have contact with the evaluator, as requested by the evaluator, or to provide initial information about the child(ren) or the case progress.(3) The evaluation may be terminated or suspended at the option of the Court, the evaluator or upon settlement of the issues which caused the case to be referred to evaluation.(4) The evaluator shall immediately advise the Court and counsel for the parties in writing if the report will not be completed by the status date and state the reason for the delay and the expected date of completion.(5) In the event a party fails to promptly attend and participate in the evaluation without good cause shown, the Court upon motion may impose sanctions.(6) The evaluation must take place in DuPage County unless the parties agree otherwise.(7) The evaluation report shall be provided to the Court, and any other designated parties, no later than one hundred twenty (120) days from the entry of the order appointing the evaluator.(i) PAYMENT OF FEES(1) The evaluator's hourly fee and the amount of the advance deposit shall be set from time to time by the Chief Judge and the Presiding Judge of the Domestic Relations Division. The hourly rate shall be $250 per hour, with a maximum charge, excluding testifying at deposition and/or trial, of $10,000. The evaluation fee shall include up to thirty-five (35) hours for sessions, costs of testing, analysis, and for preparation of the report. The limitation on charges contained in these Rules shall not include time expended for preparation or attendance at a court proceeding or deposition. Those charges shall be paid by the party calling the evaluator as a witness.(2) The parties shall be required to pay a retainer, as ordered by the court, to be applied toward the cost of evaluation. When the retainer is exhausted, the parties shall pay for remaining individual sessions and the cost of the report as those costs are incurred. In the event payments are not made as ordered by the Court, the evaluator may not suspend the process but shall promptly report failure to pay to the attorneys and the Court.(3) The evaluator's report shall include reference to the fee charged and itemize the charges, whether that fee has been paid in full, and if not, the outstanding amount owed. The Court may direct the parties to pay any sum that remains due and owing to the evaluator and may enter judgment accordingly.(j) STATISTICS The Presiding Judge shall maintain data on the evaluation program and consult on a regular basis with the other judges in the Domestic Relations Division about the operation of the program.
(k) OVERSIGHT COMMITTEE (1) The Presiding Judge of the Domestic Relations Division shall appoint a committee which shall be known as the "Oversight Committee." That committee shall be comprised of attorneys practicing in the area of family law, psychologists and/or psychiatrists, and members of the general public. All members of the Oversight Committee shall serve three (3) year terms on a rotating basis. In addition, the current chairperson of the DuPage County Bar Association Family Law Committee shall serve as an additional member of the committee on an annual basis. The purpose of that committee shall be as follows:
(i) To review and make recommendations to the Presiding Judge regarding any complaint against a court-appointed mediator or evaluator;(ii) To make recommendations for modification to the mediation and/or evaluation rules or procedures established pursuant thereto;(iii) To make recommendations for procedures and practices to implement the rules;(iv) To assist in the review of statistical data relative to the efficacy of the program;(v) To review any complaints or concerns about the mediation and evaluation programs; and(vi) To perform any other tasks assigned by the Presiding Judge.(2) In screening and making recommendations regarding a complaint against an evaluator, the committee shall consider the ethical standards and laws which apply to the profession(s) of that evaluator.Ill. R. Cir. Ct. Dupage Cnty. 15.16