Ill. R. Cir. Ct. Lake Cnty. 4-3.08

As amended through September 23, 2024

Rule 4-3.08 - Evaluator Referral List

A. Judges hearing allocation of parental responsibility or allocation of parenting time cases under the Illinois Marriage and Dissolution of Marriage Act or under the Illinois Parentage Act of 2016 are authorized to secure the assistance of mental health professionals.

B. The Chief Judge is authorized to establish a list of qualified mental health professionals in accordance with the provisions and standards set forth in this Rule. In the interests of efficient administration and to maintain the highest level of competence, the Chief Judge may, in his or her discretion, limit the number of members on the list. The list shall be known as the Evaluator Referral List.

C. Qualifications Members of the Evaluator Referral List shall meet the following qualifications:

1. Have a minimum of a master's degree in a field of mental health.

2. Be licensed by the State of Illinois as a social worker, marriage and family counselor, psychologist or psychiatrist.

3. Have five years of experience in the field of family counseling.

4. Have training and two years of experience in performing allocation of parental responsibility evaluations or agree to participate in the Family Division "Education, Observation, and Supervision" (EOS) Mentoring program, which will include three sections, (1) Education (2) Observation and (3) Supervision as follows:

a. For Education, the prospective Member, hereafter "Mentee" must, at their own expense, complete a basic two day Child Custody Evaluation Training Program sponsored by the Association of Family and Conciliation Courts (AFCC), the American Board of Professional Psychologists or other comparable program approved by the Presiding Judge of the Family Division;

b. For Observation, the Mentee must observe (without intervention or interference) one full allocation of parental responsibility evaluation performed by a current member of the Evaluator Referral list (hereinafter referred to as "Mentor"), who is a current member of the Evaluator Referral list, commencing prior to the first contact with the parties through the completion of the written allocation of parental responsibility report; and

c. For Supervision, the Mentee must be mentored for a period of two years. This period of supervision shall include personally mentoring the Mentee as the Mentee performs his or her first full allocation of parental responsibility evaluation for the Family Division, commencing prior to the first contact with the parties through the completion of the written allocation of parental responsibility report. Over the two year period of supervision, the Mentor shall also review other reports prepared by the Mentee for the Family Division and provide continuing advice and guidance.

d. The Mentee shall not charge for the Mentee's time during the observation section of this program or during the one full allocation of parental responsibility evaluation of the Supervision section of this program. The Mentor may charge their regular fee for the allocation of parental responsibility evaluation performed exclusively by them during the Observation section of this program. The Mentor shall charge a reduced fee for his or her time spent supervising the Mentee during the Mentee's first allocation of parental responsibility evaluation. This reduced fee for the allocation of parental responsibility evaluation may be considered one of the Mentor's obligatory "reduced fee" evaluations as outlined in LCR 4-3.08(F)(2).

e. All attorneys and parties to the allocation of parental responsibility evaluations outlined herein shall be informed of the training of the Mentee. The Evaluator Referral List would reflect the Mentee's name, address, hourly rate and report fee, as well as the Mentee's status as "Mentored Evaluator" and the name of the Mentor. This label would be deleted after compliance is had with the Family Division Mentoring Program as outlined above.

5. Maintain professional liability insurance which covers services provided as a result of the referral.

E.Approval of Membership on the Evaluator Referral List

1. The Presiding Judge of the Family Division shall prepare a list of qualified evaluators in accordance with the requirements of the Illinois Marriage and Dissolution of Marriage Act, these Local Court Rules and the applicable professional standards of the individual evaluator. The list shall be submitted to the Chief Judge, who shall have the discretion to include or remove persons from the list at any time, or to waive any of the requirements of this Rule, when necessary to promote the highest standards of competency.

2. Membership on the Evaluator Referral List shall be by approval of the Chief Judge.

3. The list shall be reviewed every odd numbered year.

4. Applicants shall provide proof of qualification by way of affidavit that is supported by documentation.

5. In selecting evaluators to serve on the list, or to continue to serve on the list, the Presiding Judge of the Family Division or the Chief Judge may seek the advice of judges, lawyers, and mental health professionals experienced in family matters.

6. The Chief Judge shall have the discretion to limit the size of the list. In his or her discretion, the Chief Judge may add a member to or remove a member from the list when necessary to promote the highest standards of competency. An applicant denied inclusion on, or removed from the list, may appeal the decision in writing within ten days to the Chief Judge. The Chief Judge shall decide the appeal after an opportunity for the applicant or member to be heard. The decision of the Chief Judge shall be final.

F.Selection of an Evaluator Selection of an evaluator pursuant to the Illinois Marriage and Dissolution of Marriage Act, or pursuant to the inherent powers of the Court to protect the best interests and welfare of a child, shall be in the sole discretion of the judge making the referral. In making a referral, the judge shall take in to account the wishes of the parties, the nature of the dispute, and any other relevant factors. Nothing shall prevent a judge from making a referral to a qualified professional who is not on the approved Evaluator Referral List.

G.Conditions of Membership Selection for membership on the Evaluator Referral List does not guarantee a member receipt of referrals and is conditioned upon the agreement of the applicant to the following terms:

1. To abide by the Model Standards of Practice for Child Custody Evaluation developed by the Association of Family and Conciliation Courts, as may be approved from time to time.

2. To provide services in a minimum of two selected cases "without fee", or for a "reduced fee", on a reasonable basis at the request of a Judge of the Family Division or the Presiding Judge.

3. To attend meetings of the Evaluator Referral List members as scheduled by the Presiding Judge of the Family Division and to assume responsibility for the leadership of the meetings on a rotating basis, unless otherwise excused by the Presiding Judge of the Family Court or the Presiding Judge's Designee(s).

4. To attend ten hours of professional continuing education seminars or courses every two years on topics related to allocation of parental responsibility and allocation of parenting time issues, four of which must cover issues of domestic violence.

5. To submit a written report to the Court containing the results of a court ordered evaluation or investigation regardless of whether the fee for the services has been paid in full. If the report is not completed by the date required by the Court Order, to submit a report to the Court, with copies to counsel and to unrepresented parties, stating the reason why the report is not finished and when it will be.

6. To inform the Court within seven days if he or she has been disciplined by any licensing agency or professional organization to which he or she belongs.

7. To inform the Court of his or her current contact information, hourly fee for direct contact hours and the separate charge for preparation of a written report, if any. This information will be disclosed on the publicly disseminated Evaluator Referral List.

8. To make reasonable efforts to complete an evaluation or investigation after spending no more than twelve hours of direct contact with or on behalf of the parties unless an extension is otherwise approved by the Court. The preparation of the report may be in addition to the direct contact hours.

H.Fees The fee for court ordered services by a member of the Evaluator Referral List shall be paid by the parties based on the rates reasonably and customarily charged by the evaluator for the services rendered. The Court shall allocate the responsibility for payment between the parties based on ability to pay. In cases of indigents, the Court may appoint a member of the Evaluator Referral List who shall perform the evaluation on a "without fee" or "reduced fee basis."

I.Acceptance of appointment When an evaluator is appointed by the Court to perform a court ordered evaluation or investigation, counseling or supervised allocation of parenting time services, the Court Administrator's Office shall send the provider a copy of the Order of appointment. Upon receipt of the Order, the evaluator shall sign an acceptance of appointment form provided by the Court and return the form to the Court Administrator's Office to be placed in the court file. A provider may decline to accept a case for any reason. An evaluator shall decline to accept an appointment to a case in which he or she has a conflict of interest, including but not limited to, a current or previous therapeutic, economic, or close personal relationship with any party, child, step-parent, other relative, counsel, or anyone else involved in the case, unless the conflict of interest has been specifically waived by the parties in writing. If an evaluator deems it necessary to decline to accept an appointment, he or she shall immediately notify the Court with copies to counsel and unrepresented parties.

J.Psychological tests In conducting an evaluation or investigation, the evaluator shall not conduct psychological tests unless specifically authorized to do so by Court Order.

K.Written Evaluation Reports

1. The professional's report must, at a minimum, set forth the following:

a. a description of the procedures employed during the evaluation;

b. a report of the data collected;

c. all test results;

d. any conclusions of the professional relating to the allocation of parental responsibilities;

e. any recommendations of the professional concerning the allocation of parental responsibilities or the child's relocation; and

f. an explanation of any limitations in the evaluation or any reservations of the professional regarding the resulting recommendations.

2. The professional shall send his or her report to all attorneys of record, and to any party not represented, at least sixty days before the hearing on the allocation of parental responsibilities.

L.Prohibition against counseling, therapy or legal representation Evaluators shall not provide counseling or therapy to the parties, either individually or jointly, during the evaluation process.

M.Statistical information Upon request of the Court, evaluators will provide statistical information regarding fees and hours expended in order to allow the Court to evaluate the program in a format identified by the Court.

Ill. R. Cir. Ct. Lake Cnty. 4-3.08

Amended effective 12/31/2017.