NAC641.207. Child custody evaluation.

     1. A psychologist who performs a child custody evaluation shall:

     (a) Ensure that his or her primary concerns in completing the child custody evaluation are the psychological interests and well-being of the child;

     (b) Remain impartial and objective throughout the child custody evaluation;

     (c) Not have or have had a relationship with the child, surrogate, parent or other legal guardian of the child other than as a psychologist performing the child custody evaluation unless ordered to perform such an evaluation by a court of competent jurisdiction that has knowledge that such a relationship exists or existed;

     (d) Provide a child custody evaluation that is fair and unbiased;

     (e) Gather and maintain the information necessary to complete the child custody evaluation, including, without limitation, information relating to:

          (1) Each significant setting in which the child spends time;

          (2) The recency and nature of the interactions of the child with each parental figure and other significant person in the child’s life; and

          (3) The developmental needs of the child;

     (f) Provide an opportunity for the child to meet privately with the psychologist and express any concerns he or she may have;

     (g) Determine whether other psychologists are evaluating the child and, if so, coordinate, to the extent possible, with those psychologists to minimize the possibility of conducting redundant child custody evaluations;

     (h) Base his or her determination of the scope of the child custody evaluation on the best interests of the child, regardless of whether a request was made to evaluate only one aspect of the custody of the child;

     (i) Before performing the child custody evaluation:

          (1) Obtain the informed written consent of each adult being assessed who is participating in the child custody evaluation and, to the extent practicable, of the child who is the subject of the child custody evaluation;

          (2) Inform each participant in the child custody evaluation, including, to the extent practicable, the child who is the subject of the child custody evaluation, of the conditions set forth in subsections 2, 3 and 4 of NAC 641.224 pursuant to which the psychologist will disclose confidential information relating to the child custody evaluation;

          (3) Inform each participant in the child custody evaluation, including, to the extent practicable, the child who is the subject of the child custody evaluation, of the limitations on the confidentiality of communications with the psychologist as required pursuant to subsections 5 and 6 of NAC 641.224; and

          (4) Clarify the cost of the child custody evaluation and obtain an agreement concerning the payment of fees;

     (j) Base an opinion relating to child custody on the integration of all the information obtained as part of the child custody evaluation without placing an inappropriate emphasis on data relating to clinical assessment and after taking into consideration any limitations in the information obtained or the methods used to obtain the information; and

     (k) Complete the child custody evaluation in a timely manner.

     2. Except as otherwise provided in this subsection, a psychologist shall not render any opinion concerning the psychological functioning of any person who has not been personally evaluated by the psychologist for a child custody evaluation. A psychologist may report what a person personally evaluated by the psychologist in a child custody evaluation has stated about a person who has not been so evaluated or may address theoretical or hypothetical questions concerning such a person so long as the limited basis of the information is noted.

     3. As used in this section:

     (a) “Child custody evaluation” means any evaluation which is performed by a psychologist and which is intended to affect the legal relationship between a child and:

          (1) The biological parent, adoptive parent or foster parent of the child;

          (2) A surrogate; or

          (3) Any other legal guardian of the child.

     (b) “Surrogate” has the meaning ascribed to it in NRS 126.045.

     (Added to NAC by Bd. of Psychological Exam’rs by R090-01, eff. 2-7-2002; A by R077-02, 7-25-2002)