Rule 91.05 - Appointment of Custody Evaluator(A) Custody evaluatorA court of common pleas that has ordered a custody evaluation pursuant to Sup.R. 91.04 may appoint a court-connected custody evaluator or a private custody evaluator to perform the evaluation. The custody evaluator shall meet the requirements of Sup.R. 91.08. The court shall not appoint as a custody evaluator a guardian ad litem appointed to the case pursuant to Sup.R. 48. The court shall consider only evaluations completed by a custody evaluator appointed by the court.
(B) Private custody evaluator listA court of common pleas that appoints custody evaluators shall establish and maintain a list of private custody evaluators eligible to receive appointments from the court. The court shall do all of the following with respect the list:
(1) Establish criteria, which include all requirements of Sup.R. 91.01 through 91.09, for appointment and removal of private custody evaluators from the list and procedures to ensure an equitable distribution of the work load among the private custody evaluators on the list. "Equitable distribution" means a system through which appointments are made in an objectively rational, fair, neutral, and nondiscriminatory manner and are widely distributed among all private custody evaluators on the list. The court may consider the complexity of the issues, parties, counsel, and the children involved, as well as the experience, expertise, and demeanor of available private custody evaluators.(2) Maintain a record of all private custody evaluators eligible for appointment by the court, including the name, business address, telephone number, and electronic mail address of the evaluator. The court shall require each private custody evaluator to immediately notify the court of any changes to this information or changes in licensure status, including disciplinary actions.(3) Require each private custody evaluator to submit to the court a resume documenting compliance with the custody evaluator qualifications and completion of the initial training program under Sup.R. 91.08(B).(4) Require each private custody evaluator to submit to the court on or before January 1st of each year any updates to the resume and a list of continuing education training completed by the evaluator during the previous calendar year pursuant to Sup.R. 91.09, including the provider, title, date, and location of each training.(5) Develop a procedure to verify that, at a minimum on an annual basis, custody evaluators on the appointment list have met the training requirements.(C) Order of appointment(1) A court of common pleas that appoints a custody evaluator pursuant to division (A) of this rule shall enter an order of appointment that includes all of the following information: (a) The name, business address, licensure, and telephone number of the evaluator;(b) The purpose and scope of the appointment;(c) The term of the appointment;(d) A provision that a written report is required and oral testimony may be required;(e) Any deadlines pertaining to the submission of reports to the court, including the dates of any pretrial, settlement conference, or trial associated with the furnishing of reports;(f) A provision for payment of fees, expenses, and any hourly rate or fee that will be charged;(g) Any provision the court deems necessary to address the safety and protection of all parties, the children of the parties, any other children residing in the home of a party, and the person being appointed;(h) Any other provisions the court deems necessary.(2) An order of appointment shall do both of the following:(a) Grant the custody evaluator the right to access information as authorized by the appointment;(b) Require the parties to cooperate with the custody evaluator and provide information promptly when requested to do so.(D) RemovalThe court may remove a custody evaluator appointed to perform a custody evaluation upon a showing of good cause.
(E) ResignationA custody evaluator appointed to perform a custody evaluation may resign prior to completing the evaluation only upon a showing of good cause, notice to the parties, an opportunity to be heard, and with the approval of the court.
(F) Fees and expenses(1) Prior to the appointment of a custody evaluator, the parties to the case shall have a right to be heard on the issue of the allocation of reasonable fees and expenses.(2) The court shall inquire as to the rate and terms of compensation required by the custody evaluator and shall make a determination of the ability of any party to the case to pay for the reasonable fees and expenses of the evaluator. In making this determination, the court shall consider all of the following: (a) The income, assets, liabilities, and financial circumstances of the parties, as demonstrated by an affidavit or statement of income and expenses, testimony to the court, or evidence of qualification for any means-tested public assistance;(b) The complexity of the issues;(c) The anticipated fees and expenses of the custody evaluator, including any fees or expenses related to potential testimony.(3) Upon determination that the appointment of a custody evaluation should proceed, the court shall issue an order regarding allocation of payment of the evaluator's reasonable fees and expenses which shall consist of both of the following: (a) Any requirement for a party to pay fees and expenses, including an initial deposit;(b) Any requirement for any other entity or individual to contribute toward fees and expenses.(4) For good cause shown, based upon a change of financial circumstances, the conduct of any party, or other unforeseen circumstances, the court may approve additional reasonable fees or expenses, reallocate fees or expenses, or require a party to reimburse another party in part or in whole for fees or expenses paid.Ohio. R. Superi. Ct. 91.05
Adopted May 11, 2021, effective 9/1/2022.