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The American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. APA Guidelines for Child Custody Evaluations in Divorce Proceedings (1994). Although the original guidelines called themselves 'aspirational goals,' many states required their use through case law or ethical standards for psychologists. See, e.g., Pennsylvania and Florida. Since 1994, when the guidelines were adopted, they have been used effectively to cross-examine these experts and their reports. The proposed guidelines would substantially weaken their obligations and protect them from the effective cross-examinations that have challenged their work product.
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Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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