Making the case for videoconferencing and remote child custody evaluations (RCCEs): The empirical, ethical, and evidentiary arguments for accepting new technology.

Abstract

The COVID-19 pandemic and its requirements for social distancing and limited, if any, in-person contact have forced the child custody community to consider remote child custody evaluations (RCCEs) conducted through videoconferencing. CCEs are perhaps the most complex of all forensic evaluations, requiring complex, multifaceted assessments of multiple parties and their relationships in order to address the best interests of the child. Attempting these evaluations via videoconferencing should be done carefully and only after consideration of numerous factors, including whether this alternative can be safely and reliably accomplished. This article outlines the conceptual approach used by the child custody community for determining the foci of the evaluation, tailoring data collection via multiple methodologies, and analyzing the data. The article reviews the empirical literature demonstrating that professional relationships and various clinical and forensic processes have reliably and successfully used videoconferencing with adults, children, and different clinical and forensic populations. The article also outlines how evaluators conducting RCCEs must comply with the ethical demands of their discipline or profession, as well as ethical demands unique to remote service delivery. Finally, the article addresses how evaluators can prepare for challenges to their work that are based upon the standards for admissibility of expert witness testimony. The limitations of videoconferencing, including limitations specific to the demands of RCCEs, are also reviewed.

Remote Forensic Psychological Assessment in Civil Cases: Considerations for Experts Assessing Harms from Early Life Abuse

“…Brodsky, personal communication, December 16, 2020). Although it is still considered important not to mislead the plaintiff into thinking that the forensic evaluator is working in a therapeutic role (Foote et al, 2020;Greenburg & Shuman, 1996), the capacity to express accurate empathy is held to be essential to develop adequate rapport required to conduct a reliable assessment (Dale & Smith, 2020). Rapport is deemed to be particularly critical and facilitative when evaluating plaintiffs alleging childhood abuse due to aforementioned issues with distrust, as well as the interview demands (Brand et al, 2017b;Mulay et al, 2018).…”

“…Forensic assessments, then, rely on collecting data through multiple methods, thereby allowing the evaluator to compare information across sources (Bornstein, 2017). Using a multi-method approach enhances the evaluator's ability to triangulate, or crossreference data (Dale & Smith, 2020). As Neal and Brodsky (2016) assert, this approach can combat claims of bias.…”

“…They also highlight that the capacity to assess behaviors can be influenced by the screen size, camera angle, lighting, and other technical factors. These changes can impact the evaluator's ability to make certain observations that could be done in person; for example: (1) it is not possible to assess remotely whether the plaintiff has the ability to leave home, find the assessment location, and arrive on time for an appointment; (2) observations related to hygiene and attire could also be more limited, and as noted by Dale and Smith (2020), olfactory information that can provide information about hygiene as well as the use of alcohol or others substances is lost; (3) direct eye contact cannot be used well as an indication of psychological state when evaluator and plaintiff are interacting by means of images on a computer screen; (4) it could also be harder to assess motor movement which can provide useful diagnostic data; and finally, (5) it could be more challenging to observe certain affective states as clearly, especially if technology is not functioning optimally. A lesser ability to observe these cues could limit the data that are available for determining mental status, diagnosis, and interview validity.…”

“…(p. 5). By contrast, in speaking specifically about child custody evaluations, Dale and Smith (2020) ultimately conclude "…courts, attorneys, evaluators, and familiesshould accept RCCEs [Remote Child Custody Evaluations] as a valid alternative that, when properly done, can help resolve custody disputes." (p. 12).…”

Psychological Practice at Six Months of COVID-19: A Follow-Up to the First National Survey of Psychologists During the Pandemic

“…Other surveys in April, May, and June examined the effects of the pandemic on specialty services. These included, as a limited sampling, child custody evaluations (Dale & Smith, 2020), HIV services (Qiao et al, 2020), and intellectual and developmental services (Jeste et al, 2020). Substance abuse treatments were also examined.…”