NCJ Number
195967
Journal
Juvenile and Family Court Journal Volume: 53 Issue: 2 Dated: Spring 2002 Pages: 17-29
Date Published
2002
Length
13 pages
Annotation
This paper provides a detailed model for critiquing the forensic competence of a child custody report.
Abstract
The article examines the claim that the more judges and other legal professionals understand about forensic methods and procedures, the better they are able to critically weigh the substance and merit of a child custody evaluation. The paper reviews forensic methods and procedures drawn from the behavioral sciences; rules of evidence applied to expert witness testimony in child custody evaluations; changes governing expert witness testimony; and reliability, relevance, and assessing the standard of reliability and the standard of relevance. The paper integrates the methods and procedures of a scientifically crafted child custody evaluation with criteria for admissibility of a scientific work product, specifically focusing on issues of reliability and relevance. It provides guidelines to assist courts in assessing whether a child custody evaluation meets reliability and relevance standards. The paper observes that using a variety of reliable forensic methods is important in developing a reliable work product. These methods should produce data linked to determination of a fact in issue. Empirical data should indicate that the underlying data are predictive of future outcome with regard to the child's best interests. Note, references