25-4A-36. Qualifications of custody evaluator.
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/sd/title-25/chapter-25-4/25-4a-36A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)File an approved application on the prescribed form with the presiding judge for the circuit in which the evaluator will provide custody and parenting time evaluation services;
(2)Have a general knowledge of the South Dakota court system and its procedures in family matters;
(3)Have a general knowledge of South Dakota family law, especially as applied to custody and parenting time issues;
(4)Have a minimum of four hours of domestic violence training focusing upon the impact it has on parents and children exposed to violence;
(5)Have a minimum of forty hours custody evaluation training with competence in the following areas:
(a)Definition of the purpose and roles of the child custody evaluator;
(b)Child development and the impact of parenting practices and other influences on children’s development;
(c)The impact of parental separation, divorce, family restructuring, and interparent conflict on children, adults, and families;
(d)Family violence patterns and coercive controlling behaviors, the connection between intimate partner violence and child maltreatment, and the effects of exposure to family violence and coercively controlling behaviors on children;
(e)Parent-child contact problems and resist-refuse dynamics, including parental alienating behaviors, compromised parenting and child maltreatment;
(f)Child and adult psycho-pathology, including mental health disorders, learning disorders, and developmental disorders;
(g)Child maltreatment, including child neglect and physical, psychological, and sexual child abuse, the connection between child maltreatment and other adverse childhood experiences, and factors associated with resiliency from trauma and adversity;
(h)Impact of relocation on children, adults, and families;
(i)Resources available in the state to which the parties and the children can be referred for assistance;
(j)Review of cultural considerations, bias, and ethical issues;
(k)Utilization of psychological testing;
(l)Updates on the current research;
(m)Developmentally appropriate and empirically informed parenting plans, long distance parenting plans, methods of facilitating transitions between homes, and communication and information exchange;
(n)Interviewing, record keeping, use of technology and problem-solving techniques applicable to the family setting;
(o)Evidence-informed methods for interviewing adults and children, observing parent-child interactions, applying balanced procedures, maintaining objectivity, and interpreting data;
(p)Recognizing the limits of reliability and validity of various sources of information; and
(q)Best practices for report writing and testifying;
(6)Committed to, and participate in, at least forty hours of continuing education courses focused on the areas outlined in subdivision 5 of this section every two years;
(7)Be an attorney who is licensed to practice law in South Dakota; a psychologist who is licensed to practice in South Dakota; a psychiatrist who is licensed to practice in South Dakota; or any other South Dakota-licensed or certified professional with a master’s degree or higher in social work, psychology, child development, counseling or behavioral sciences or a closely related field relevant to the duties of a custody evaluator; and
(8)Have at least twenty-four months of professional experience working with families as outlined in subsection 7.