24.189.817    DISCLOSURE AND INFORMED CONSENT

(1) Psychologists shall obtain informed consents from parents involved in parenting plan evaluations and, to the extent feasible, inform children of significant aspects of the evaluation, prior to conducting interviews, testing or other data-gathering procedures. Disclosure of information to the parents shall include a thorough explanation of all major aspects of the evaluation, including:

(a) a general review of the purpose, nature, methods, scope and limitations of a parenting plan evaluation, and the potential impact of the evaluation on the outcome of litigation;

(b) clarification as to who has requested the evaluation and who will receive verbal or written feedback as to the results and recommendations;

(c) the nature of data to be collected and potential uses to which that data will be put, including data from psychological testing and structured interview protocols;

(d) the methods of assessing and collecting fees for professional services, including specification of who will be financially responsible for the evaluation, expectations as to timing of payments, and policies related to the collection of unpaid fees, and;

(e) the nature and limits of confidentiality, both as generally applicable to psychological services and as required by the nature of the evaluation. (See 24.189.813)

(2) Psychologists shall inform the parents of the above elements and offer each parent the opportunity to discuss the proposed evaluation with an attorney before proceeding.

History: 37-1-131 and 37-1-136, MCA; IMP, 37-1-136 and 37-17-202, MCA; NEW, 2001 MAR p. 1742, Eff. 9/7/01; TRANS, from Commerce, 2004 MAR p. 2282.