Psychologist v. Texas State Board of Examiners of Psychologists
N/AOUTCOME: Case won; Psychology Board reversed.
At issue were reports made by Psychologist in a child custody suit in Collin County. An administrative law judge had found that a psychologist’s report of suspected sexual abuse of two minor children w ... as not a forensic opinion about child custody and parenting access, but was instead the fulfillment of her legal and ethical obligation to express her concern for the safety of the children. The Psychologists’ Board deleted that finding in its final order. The Board added a conclusion holding that since the psychologist had not made a full forensic evaluation of the parents, her recommendation for continuation of a restraining order until the county court could hear the matter was a violation of the Board’s forensic services rule. Mark Foster explained that the case has significance for both the Texas psychological and family law communities: “Texas law provides that if a professional suspects child abuse, that professional shall make a report. If the Board’s action had been sustained, health professionals would likely think twice about making their suspicions known. Certainly that is not what Texans want. The Legislature last year enacted House Bill 1449 to provide that a professional who has only heard one side of a contested custody suit shall continue to refrain from making a full conservatorship recommendation but may state whether any information about a child’s placement with a party indicates concern for a child. Unfortunately that clarifying law was not in effect at the time [of this case]. The court’s ruling together with House Bill 1449 should send a strong message that children’s safety is the most important consideration.”
