Rule 91.06 - Responsibilities and Authority of Custody Evaluator(A) ResponsibilitiesA custody evaluator appointed by a court of common pleas pursuant to Sup.R. 91.04 shall do all of the following when performing the custody evaluation:
(1) Maintain objectivity, provide and gather balanced information from both parties to the case, and control for bias;(2) Strive to minimize the potential psychological trauma to children during the evaluation and report writing by performing responsibilities in a prompt and timely manner;(3) Protect the confidentiality of the parties and children with collateral contacts and not release information about the case to any individual except as authorized by the court or statute; (4) Immediately identify himself or herself as a custody evaluator when contacting individuals in the course of a particular case and inform these individuals about the role of a custody evaluator and that documents and information obtained may become part of court proceedings;(5) Refrain from any ex parte communications with the court regarding the merits of the case;(6) Not offer any recommendations about a party unless that party has been evaluated directly or in consultation with another qualified neutral professional;(7) Consider the health, safety, welfare, and best interest of the child in all phases of the process, including interviews with parents, extended family members, counsel for the child, and other interested parties or collateral contacts;(8) Not pressure children to state a custodial preference;(9) Inform the parties of the evaluator's reporting requirements, including, but not limited to suspected child abuse and neglect and threats to harm one's self or another person;(10) Not disclose any recommendations to the parties, their attorneys, or the attorney for the child before having gathered the information necessary to support the conclusion;(11) Be conscious of the socioeconomic status, gender, race, ethnicity, sexual orientation, cultural values, religion, family structures, and developmental characteristics of the parties;(12) Upon discovery, notify the court in writing of any conflicts of interest arising from any relationship or activity with parties or others involved in the case. A custody evaluator shall avoid self-dealing or associations from which the custody evaluator may benefit, directly or indirectly, except from services as a custody evaluator.(B) AssistanceWhen one party resides in another jurisdiction, a custody evaluator, upon order of the court, may rely upon another qualified neutral professional for assistance in gathering information.
(C) Communication with courtA custody evaluator may communicate with the court when necessary to amend the scope or time frame of the order of appointment.
Ohio. R. Superi. Ct. 91.06
Adopted May 11, 2021, effective 9/1/2022.