8.3.8 Appointments of Mental Health Professionals

The PSFVRA creates strict standards for the appointment of mental health professionals in family violence cases.1

La. R.S. 9:365 mandates that any mental health professionals appointed to conduct a custody evaluation in a case where family violence is an issue must have “current and demonstrable training and experience working with perpetrators and victims of family violence.”2  Many attorneys who are untrained in intimate partner violence assume that mental health professionals are knowledgeable and helpful in cases involving family violence. But the vast majority of mental health professionals are not experts in family violence, and an untrained mental health professional could botch the evaluation and endanger the parties and the children.3

When appropriate, contest an evaluator’s qualifications under La. R.S. 9:365.4  Failure to object to an unqualified evaluator at the time of appointment could waive the objection.5  Consider not only objecting to an evaluator’s qualifications, but also opposing the appointment of a custody evaluator entirely.6

• 1 La. R.S. 9:365. For more detailed discussion, see Section 8.8.
• 2Many mental health professionals do not have this training because it is not a required course in professional schools. A minimum of forty hours of specialized domestic violence training should be expected for court-appointed evaluators.
• 3Evan Stark, Rethinking Custody Evaluation in Cases Involving Domestic Violence, 6 J. Child Custody 287 (2009); Robert Geffner, et al., Conducting Child Custody Evaluations in the Context of Family Violence Allegations: Practical Techniques and Suggestions for Ethical Practice, 6 J. Child Custody 189 (2009); Nat’l Council Juvenile & Family Court Judges, Navigating Custody and Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide (2006).
• 4See, e.g., Ledet v. Ledet, 03-CA-537 (La. App. 5 Cir. 10/8/03), 865 So. 2d 762, 765.
• 5See Babcock v. Martin, 2019-0326, p. 12 (La. App. 1 Cir. 10/24/19), 289 So. 3d 606, 614 (citing Leard v. Schenker, 2006-1116, p. 3 (La. 6/16/06), 931 So. 2d 355, 357); Evans v. Terrell, 27615-CA, p. 8 (La. App. 2 Cir. 12/6/95), 665 So. 2d 648, 653.
• 6See Nat’l Council Juvenile & Family Court Judges, supra. For further discussion of the special requirements for mental health evaluators in PSFVRA cases, see Section 8.8.4.