Rule
4-509. Court-appointed parent coordinator.
Intent
To establish the
role, qualifications and procedures of the parent coordinator.
Applicability
This rule applies in any case in which a
parent coordinator is ordered by the court.
Nothing in this rule limits, supersedes, or
replaces court-ordered or mandatory mediation.
Statement of the Rule
(1) Role of the parent coordinator.
(1)(A) Upon court order, a parent
coordinator may be appointed to serve in child custody and parent-time disputes.
The parent coordinator’s role is to consult with the parties and make
recommendations directly to the parents about how the children’s needs can best be served. The role of the parent coordinator
is like that of the mediator in that the parent coordinator seeks to elicit
cooperation and agreement between the parents. Using his or her expertise in
child development, however, the parent coordinator also, after hearing the
parents’ perceptions and thoughts, offers advice and guidance with regard to specific
decisions. With the help of the parent coordinator, the parents then create,
revise, or clarify their parenting plan, as defined in the Utah Code.
(1)(B) The function of the parent
coordinator is to make suggestions to the parties that are in the best
interests of the children and are solutions and compromises that the parents
can accept and implement. The parent coordinator is expected to use his/her
insight, training, and therapeutic skill to diffuse conflict and stimulate
appropriate parental communication. The length and frequency of parent
consultation sessions will depend on the number of unresolved issues and both
parents’ desire for guidance. The parents may use this service on an as-needed
basis as problems arise, even after a settlement has been reached.
(1)(C) The role of the parent coordinator is
not primarily investigative, although the parent coordinator may meet and/or
interview the children briefly during the course of the consultation process.
Suggestions will not be binding upon the parties, and will not be sent to the
court or others unless both parents agree to their dissemination and sign
written releases to that effect. Involvement of a parent coordinator is best
suited for parties who can respectfully exchange ideas and who can benefit from
independent professional advice in areas where they disagree. If a viable
parenting plan is established through work with the parent coordinator, the
parents may stipulate to a custody and parent-time agreement, and thereby avoid
active involvement of the court.
(2) Term and condition of consultation.
(2)(A) The order appointing the parent
coordinator shall address:
(2)(A)(i) the
minimum number of visits, not to be less than 4 hours of face to face joint
consultation, with the parent coordinator, unless the formal parenting plan is
finalized sooner;
(2)(A)(ii) responsibility
for payment of the parent coordinator’s fees; and
(2)(A)(iii) any
limitations on the role of the parent coordinator.
(2)(B) Termination of the services shall not
excuse either party’s responsibility for fees already incurred.
(3) Content of consultation. The parent
coordinator may consult with the parties on a wide variety of issues related to
child custody/parent-time as well as other needs of the children. The focus
will be the developmental and other needs of the children. The goal will be to
preserve relationships and protect the children from the disruption and
conflict that can occur with divorce. Specific topics that may be covered
include:
(3)(A) methods of
communication between the parents;
(3)(B) responsibility
of each parent regarding decision-making and delivery of care;
(3)(C) methods of
resolving conflict or disagreement without child involvement;
(3)(D) ways in
which the parents can support the child’s relationship with the other parent;
(3)(E) parental
agreement and consistency regarding the parents’ expectations of the child and
discipline techniques;
(3)(F) dates and
times of pick-up and delivery;
(3)(G) parent-time during vacations and
holidays;
(3)(H) method of
pick-up and delivery;
(3)(I) transportation to and from each
other’s home;
(3)(J) selection of
child care and baby-sitting;
(3)(K) adherence to
special diet, clothing, bedtime, and recreational requirements;
(3)(L) child’s
participation in recreational and other activities with each parent;
(3)(M) notification
of other parent when surrogate care is needed;
(3)(N) selection of
surrogate care;
(3)(O) alterations
in the parent time schedule;
(3)(P) participation
of relatives and friends during parent-time;
(3)(Q) execution of
daily routines;
(3)(R) adherence to
conditions for parent-time (e.g., supervision by a third party, drug
monitoring, etc.);
(3)(S) school
attendance;
(3)(T) selection of
school;
(3)(U) access to
information about the child (e.g., from school, physician);
(3)(V) step-parent issues;
(3)(W) administration
of medication; and
(3)(X) any other
issues as agreed upon by the parties.
(4) Qualifications. To be eligible to serve
as a parent coordinator, the person must have the following minimum qualifications:
(4)(A) Social workers who have completed
graduate level coursework in child development and hold the designation of
Licensed Clinical Social Worker in this state.
(4)(B) Doctoral level psychologists who have
completed graduate level coursework in child development and are licensed as a
psychologist in this state.
(4)(C) Physicians who have completed
graduate level coursework in child development, are board certified in
psychiatry, and are licensed as a physician in this state.
(4)(D) Marriage and family therapists who
have completed graduate level coursework in child development and hold the
designation of Licensed Marriage and Family Therapist in this state.
(4)(E) A court-appointed parent coordinator
must have:
(4)(E)(i) at least 3 years of post-licensure clinical practice
substantially focused on child/marital/family therapy; and
(4)(E)(ii) a
working familiarity with child custody/parent-time law and the ethical issues
involved in custody matters.
(4)(F) Beginning in 2012, a court-appointed
parent coordinator must have at least 18 hours of continuing education during
the previous 3 years and every 3 years thereafter. Training should include the
following topics:
(4)(F)(i) conflict resolution theory and techniques;
(4)(F)(ii) mediation;
(4)(F)(iii) child
development and psychology;
(4)(F)(iv) adjustment
to divorce;
(4)(F)(v) domestic
relations law;
(4)(F)(vi) dynamics
of domestic violence; and
(4)(F)(vii)
associated safety and intervention considerations.
(4)(G) In areas of the state where there is
a shortage of services, a professional who meets the requirements outlined
above in (4)(A) – (4)(D) may be appointed as a parent coordinator in up to 10
cases before being required to meet the remaining qualifications.
(5) Impartiality.
(5)(A) A parent coordinator shall maintain
impartiality in the process of parenting coordination. Impartiality means
freedom from favoritism or bias in word, action, or appearance, and includes a
commitment to assist all parties, as opposed to any one individual.
(5)(B) A parent coordinator shall withdraw
if the parent coordinator determines he or she cannot act in an impartial or
objective manner.
(5)(C) A parent coordinator shall neither
give nor accept a gift, favor, loan or other item of value from any party
having an interest in the parenting coordination process. During the parenting
coordination process, a parent coordinator shall not solicit or otherwise
attempt to procure future professional services or positions from which the
parent coordinator may profit.
(5)(D) A parent coordinator shall not coerce
or improperly influence any party to make a decision.
(5)(E) A parent coordinator shall not
intentionally or knowingly misrepresent or omit any material fact, law or
circumstance in the parenting coordination process.
(5)(F) A parent coordinator shall not accept
any engagement, provide any service or perform any act outside the role of
parent coordinator that would compromise the parent coordinator’s integrity or
impartiality in the parenting coordination process.
(6) Conflict of interest.
(6)(A) A parent coordinator shall not serve
in a matter that presents a clear conflict of interest.
(6)(B) A conflict of interest arises when
any relationship between the parent coordinator and the participants or the subject
matter of the dispute compromises or appears to compromise a parent
coordinator’s impartiality.
(6)(C) A parent coordinator shall disclose
potential conflicts of interest to the parties and counsel of record as soon as
practical after a parent coordinator becomes aware of the interest or
relationship giving rise to the potential conflict.
(6)(D) After
appropriate disclosures, the parent coordinator may serve with the written
agreement of all parties and, if court ordered, the approval of the court. However,
if a conflict of interest clearly impairs a parent coordinator’s impartiality,
the parent coordinator shall withdraw regardless of the expressed agreement of
the parties.
(6)(E) During the parenting coordination
process, a parent coordinator shall not create a conflict of interest by
providing any services to interested parties that are not directly related to
the parenting coordination process.
(6)(F) A parent coordinator may make
referrals to other professionals to work with the family, but shall avoid
actual or apparent conflicts of interest by referrals. No commissions, rebates,
or similar remuneration shall be given or received by a parent coordinator for
parenting coordination or other professional referrals.
(7) Dual roles.
(7)(A) A parent coordinator shall not serve
in dual sequential roles.
(7)(B) A parent coordinator shall not serve
in multiple roles in a case that creates a professional conflict.
(7)(B)(i) A
mediator or custody evaluator shall be cautious about becoming a parent
coordinator in the same case, even with the consent of the parties, because of
the differences in the role and potential impact of the role change.
(7)(B)(ii) A parent coordinator shall not
become a custody evaluator either during or after the term of a parent coordinator’s
involvement with the family.
(7)(B)(iii) A parent coordinator shall not
be appointed after serving as a therapist or consultant or serve in another
mental health role to any family member.
(7)(B)(iv) A parent
coordinator shall not become a therapist or consultant or serve in any other
mental health role to any family member, either during or after the term of the
parent coordinator’s involvement.
(7)(C) In some contexts (rural communities)
it may not be possible to avoid multiple relationships between the parent
coordinator and the family involved in parent coordination, attorneys for the
case or the judge involved in the proceedings. In these cases the parent
coordinator shall disclose to relevant parties any relationships that might
likely lead to impaired objectivity or decreased competence and effectiveness.
The parent coordinator shall inform relevant parties of the potential negative
consequences of such multiple relationships and seek to minimize these
consequences by either withdrawing or limiting the tasks they agree to
undertake.
(8) Communications and confidentiality.
(8)(A) All suggestions made to the parties
should occur in joint sessions.
(8)(B) Bearing in mind that the role of a
parent coordinator is not primarily investigative, the parent coordinator may,
nevertheless, communicate with the guardian ad litem attorney, if one is
appointed, but shall only communicate with any third persons (including
teachers, physicians, clergy, therapists or other extended family members) with
the express written permission of both parties and only to the extent necessary
to obtain information that the parties agree can be most reliably obtained in
that fashion. The parent coordinator may meet and/or interview the children
with the express written permission of the parents or the guardian ad litem
attorney (if appointed) as part of the consultation process if the parent
coordinator believes that such action will aid in issuing appropriate
suggestions.
(8)(C) Unless otherwise agreed by the
parties, all oral or written communications between the parent coordinator and
the parties, other than a formal parenting plan and the quarterly status report, are deemed confidential and may not be released
unless agreed to by both parties.
(8)(D) Nothing in this rule excuses
mandatory reporting requirements pursuant to Utah law, federal law, and/or
other professional reporting requirements.
(9) Agreements and enforcement.
(9)(A) Any formal parenting plan agreed to
by the parties and drafted by the parent coordinator shall be reduced to a
written document and forwarded to the parties, their attorneys, and the
guardian ad litem attorney (if one is appointed).
(9)(B) Parent coordinators shall notify the court
of the status of the parent coordinator process, on a form provided by the
court, at three month intervals or earlier upon termination.