CHILD
CUSTODY
EVALUATION
TASK FORCE
KEY IN
DETERMINING
FOCUS OF
LABSWE
“RULES,
STANDARDS
&
PROCEDURES”
By:
Joseph
Bodenmiller,
LCSW-BACS
The LABSWE
is charged
by the
1999
Social
Work
Practice
Act to,
“safeguard
the public
health,
safety,
and
welfare of
the people
of the
state…” of
Louisiana.
This act
not only
creates
the LABSWE,
but is
also the
primary
source
that
informs
and limits
the board
in its
efforts to
institute
disciplinary
(and
other)
proceedings
to address
the,
“…unauthorized,
unqualified
and
improper
practice
of social
work.” An
additional
document
which
guides,
and
limits,
the board
in these
efforts is
the
Professional
&
Occupational
Standards
publication
entitled,
the
Rules,
Standards
&
Procedures
for the
Louisiana
Social
Work
Practice
Act.
The board,
to clarify
its
interpretation
of the
practice
act
creates
this
document,
and within
its text
sets forth
those
procedures,
which
govern the
conduct of
board
proceedings.
This
document
must be
approved
in
accordance
with the
mandates
of the
Louisiana
Administrative
Procedures
Act, which
includes
provisions
for public
hearings
to be held
prior to
finalization
of the
document.
The
current
version of
the Rules,
Standards
&
Procedures
was last
approved
on October
24, 2003.
This
document
is of the
utmost
importance
for board
members in
guiding
their
efforts to
address
and
resolve
complaints
and other
practice
issues
necessary
to
safeguard
the public
safety and
welfare.
These
“rules”
must be
periodically
revised to
ensure
that the
board is
using
state-of-the-art
data as
applied to
the
practice
act, in
making
determinations
about the
proper
practice
of Social
Work in
multiple
practice
areas.
These
revisions
must be
reflective
of
state-of-the-art
practice
techniques,
since when
accepting
a
complaint
regarding
an
allegation
of
improper,
unauthorized
or
unqualified
social
work
practice,
the board
must
specifically
tie these
complaints
to a
statutory
or rules
violation
in order
to proceed
with
official
action.
Throughout
2001 to
2004, the
number of
complaints
being
submitted
to the
board
regarding
allegations
of
improper
practice
by social
workers
completing
child
custody
evaluations
appeared
to be
significantly
increasing.
As the
board
processed
these
complaints
and
considered
the
applicability
of the
current
rules,
standards
and
procedures
in
addressing
them
appropriately,
it became
clear that
a review
of the
current
rules was
necessary.
In
addition,
the board
determined
that the
most
proper
approach
to use in
determining
the
applicability
of the
rules to
custody
evaluations
would also
require a
review of
the
existing
LABSWE
publication
entitled,
Guidelines
for Child
Custody
Evaluations,
published
by the
board in
July,
1998. An
expert
panel of
12 social
workers/attorneys
led by
chairperson
Gay Lynn
Bond, BCSW
developed
that
document.
In
conducting
such a
review the
board
hoped to
determine
not only
the
applicability
of the
current
rules to
determining
the proper
practice
of child
custody
evaluations,
but also
the need
for any
updates in
the
guidelines
themselves.
In March,
2004 the
LABSWE
authorized
the
creation
of the
2004
Child
Custody
Evaluation
Task
Force.
The charge
of this
task force
was to
review the
existing
board
guidelines
for
conducting
these
evaluations,
and to
review the
current
rules,
standards
and
procedures
to
determine
if
revisions
would be
required.
Hence, a
task force
was
appointed,
which
included
Taylor
Aultman,
LCSW
(Chairperson);
Karen van
Beyer,
Ph.D.,
LCSW;
Joseph
Bodenmiller,
LCSW;
Susan
Mittendorf,
Ph.D.,
LCSW;
Theresa
Earthly,
LCSW;
Leslie
Hunter,
LPC;
Leslie
Todd, LCSW
and
William
Calkins,
LCSW. The
task force
subsequently
met on May
15, 2004
and
September
11, 2004
and
closely
reviewed
not only
the two
documents
noted, but
also
carefully
reviewed
the work
of other
regulatory
and
professional
entities.
The
interdisciplinary
nature of
this task
force was
particularly
important,
and
contributed
significantly
to the
comprehensive
nature of
the work
conducted.
After a
careful
review of
multiple
source
materials,
extensive
professional
discussion
and
debate,
the task
force was
ready to
make its
formal
recommendations
to the
LABSWE.
The
October,
2004
report
concluded
that the
existing
Rules,
Standards
&
Procedures
(as
amended in
October,
2003) did
not
require
changes.
The task
force
concluded
that the
existing
rules
provided
the LABSWE
with the
guidelines
needed to
adequately
consider
and
properly
dispose of
complaints
regarding
the
practice
of child
custody
evaluations.
The task
force
further
concluded
that the
existing
Guidelines
for Child
Custody
Evaluations
publication
remained
solid.
They did
however
make
recommendations
to update
the
guidelines
to include
changes
out-
lining
increased
training,
supervision
and other
preparation
for social
workers
prior to
independently
conducting
child
custody
evaluations.
These
recommendations
will be
reflected
in a
revised
version of
the
Guidelines
for Child
Custody
Evaluations,
to be
published
during the
Winter of
2005-2006.
In
addition
to
addressing
the issue
of the
applicability
of the
current
rules ,
standards
and
procedures
as applied
to the
issue of
the
practice
of child
custody
evaluations,
this
process
proved
invaluable
to the
LABSWE as
a means of
reviewing
its rules
for needed
revisions
and
updates,
based on
state-of-the-art
practice
standards.
The use of
an
interdisciplinary
“task
force” of
professional
experts
inclusive
of members
of the
social
work and
broader
professional
community
is an
excellent
model for
future
endeavors
to assess
the
applicability
of the
LABSWE
interpretation
of the
Social
Work
Practice
Act within
subspecialties
of the
profession.
During the
July, 2005
meeting,
the LABSWE
determined
that as
many as
two
additional
task force
endeavors
will be
warranted
within the
next 6
months to
assist the
board in
considering
the
current
version of
the rules,
standards
and
procedures
as applied
to current
trends and
issues.
Clearly,
the
continued
participation
of
Louisiana’s
professional
social
workers,
along with
the
consultation
of other
experts
will be
key to the
success of
future
task force
endeavors.
What’s
Important
about Your
Name?
Here, in a
nutshell,
is the
problem.
Some
candidates
are
applying
for a
social
work
credential
under
names that
do not
match the
name that
appears on
their
government-issued
photo
identification.
ASWB
(Association
of Social
Work
Boards)
requires
that the
testing
candidate
present a
government-issued
form of
identification
at the
test site.
This form
of
identification
must match
the name
used when
the
individual
registers,
so that
the
candidate’s
authorization
letter
reflects
the name
on the
identification.
This
policy is
in place
as a
security
measure.
To avoid a
delay in
registering
for the
exam, you
should
submit all
applications
to the
board in
the name
that
appears on
your
government-issued
identification.
