Divorce and the Laws of Armed Conflict | Psychologist takes sides in a custody dispute - and gets a 12-month probation and practice monitor
Now imagine what would happen if it was an unlicensed school psychologist...
In divorce, as in the laws of armed conflict, civilized parties seek to limit noncombatant casualties. But something about custody disputes trigger our primal instincts. Otherwise normal parent-child relationships become strained, fragile, and susceptible to outside influence. Experienced psychological and behavioral health professionals understand this, prepare for it, and know how not to get played by either side.
As schools rush to expand mental health services into school, consider a familiar scenario: battle lines gets drawn in your divorce, loyalty oaths are administered, and the war for hearts and minds with children begins.
In the following case, a father is losing that war with his teenage daughter caught in the middle - apparently with the very unhelpful assistance of a licensed psychologist.
But because the psychologist was licensed, subject to legally binding practice standards and board oversight, the father had recourse to a complaint process, an appeal to neutral arbitrators in the dispute, a Hague Convention of sorts.
But what would happen if an unlicensed school psychologist was waging a negative influence campaign against your filial relationship? Where would you go? What would you do?
The scenario
You’re a father of a teenage daughter from a previous marriage who starts seeing a psychologist - initially with your consent - during a custody dispute with the ex-spouse, when:
Your relationship with her suddenly becomes strained
The ex-spouse subpoenas the psychologist to testify at a hearing, and without your consent and without contesting the subpoena, the psychologist discloses confidential information to tell the court you and your new spouse are emotionally abusive
The psychologist fails to consider multiple theories of the child's behavior - or even your side of story
The psychologist never tries to actually improve your relationship with the child - and, in fact, bars you (but not the ex) from participating in counseling sessions
You consented to the treatment, but despite multiple requests for records, you’re never given a copy of the treatment plan and goals.
If the psychologist is licensed here’s what happens
If the psychologist is licensed by the Board of Psychologist Examiners, here’s what happens:
The father exercises his right to withdraw consent to treatment and the counseling ends. He then files a complaint with the Board of Psychologist Examiners and an investigation begins. The Board issues subpoenas, collects evidences, hires a “forensic psychologist” to evaluate the work of the psychologist and submit findings at a later hearing.
Everyone is represented by lawyers. Everyone gets a chance to ask questions, raise issues, and present their case. Each has opening and closing arguments, calls witnesses, and submits statements. A court reporter transcribes it all in real-time.
At the hearing the Board issues Findings of Fact and Conclusions of Law - citing actual legally enforceable standards - finding that, in short, the psychologist is guilty of gross negligence in the practice of psychology.
The Board will issue an Order that puts that psychologist on a 12-month probation, that will assign an expert “practice monitor” they have to meet for 2 hours twice a month who will oversee that psychologist’s practice with children and complex family matters, who will guide them to maintain proper records, independent judgment and objectivity, and who will make progress reports to the Board every quarter.
That’s what you’ll get.
You get JUSTICE. Your life is never the same and you still have to repair the relationship with your child. But you had recourse to a path forward and a legal means to stop any further trauma to your relationship.
OTH if the psychologist is NOT licensed - but only certified by the Department of Education to work with children at school…
Now consider if that psychologist was not licensed - but rather “certified” to work as a “school psychologist” in schools, under the supervision, direction and control, of district administrators and whatever policies and practices they require all employees to follow.
First, it is not a given that you will have consented to the treatment in the first place. Not all schools have developed clear policies that require prior parent notification and consent to receive mental or behavioral health services. Mental health workers see your child every day - walking the halls, at recess, at lunch.
School-based mental health workers are incentivized to justify whatever federal or state grant finances their position. They need clients. They are told to “identify” at-risk students and, when necessary, make “interventions.”
Does your school district have a policy to notify parents in advance of any chance encounter in the cafeteria…that leads to an office visit? Likely not. And that’s the opening they need.
Second, the school district may or may not follow whatever custody agreement you have with your ex-spouse on decision-making with respect to mental health services at school. Even in the absence of a custody agreement, it is now not uncommon for school-based mental health workers to refuse parents’ requests to stop seeing and treating their child. See my Stack on a Wisconsin case here.
Third, there will be no “mental health services complaint portal” to file a grievance with the school. You’ll be directed to call the principal, or maybe the superintendent, and when that doesn’t work, file a complaint with the school board just as you would for any other employee of the district - a teacher, a coach, a bus driver, or a psychologist, all channeled into the same complaint process.
Fourth, And after you file that complaint, everyone in the chain will talk about "district policies" not professional standards of care, professional ethics, rules...if they even return your call.
You won't get a professional investigation.
The school won't issue subpoenas for you.
The school won’t hire an expert “forensic” anything to evaluate the psychologist.
There will be no hearing before a panel of experienced professionals who know the ins-and-outs of those professional standards of care, ethics and rules.
You won't see a policy that outlines your rights as parent to withdraw from treatment, to consent to confidential disclosures, to withhold consent to testify. There will be questions of whether that school psychologist has a legally recognizable claim to client confidentiality.
You won’t even know who has had access to confidential information regarding your child.
You'll be the guy showing up at governing board meetings, standing in line at public comment every week begging for the board to do something when they all just want to sweep it under the rug.
That is a battle you can’t win.
And your child will still hate you - pumped full of bad psychological advice and therapy and encouraged to live in that condition by your ex.
Professional board licensing. It's that important.
End.