Patrick K. Brown

1. IndianaAssociation for Infant and Toddler Mental Health &Indiana Chapter of the AFCC Joint ConferenceAugust 24, 2012

2. Patrick K. Brown Education: BS Psychology, Wesleyan University JD, Indiana University of Law Indianapolis MA, Pastoral Counseling and Marriage and Family Therapy, Christian Theological Seminary Current Roles: Attorney, solo practitioner family law Family Mediator in private practice Chair, ADR Section, Indiana State Bar Association Co-Chair, Program Committee, ISBA Solo & Small Firm Conference Past Roles: Founding member, incorporator, President of the Indiana Association of Mediators, Inc. Co-author of the amendments to the Indiana ADR Rules for pro-se parties in domestic mediations Therapist, Arbitrator, Parenting Coordinator

3. PREFACE Disclaimer: Serving in several of these roles, some inside and some outside the legal system, as well as acting as an attorney and an arbitrator, I find the role boundaries bewildering at times, as I imagine you do too. Today I am going to pose a family scenario for you to consider as I then go through each of the roles. What I invite you to do, is to consider how each of these roles might apply to this family and how you might manage the overlaps or conflicts between the roles. • Remember always that we are operating in a structured context – a legal system which is rights based, adversarial and win-lose in nature. • The decision-making frame for the judge in domestic cases is the “best interests of the child.” • The question then becomes how do we achieve the best interests for the child(ren) and still respect the rights of the parents while operating professionally in such a system? • How would you, from your professional perspective, apply each of these roles to the following family scenario?

4. FAMILY SCENARIO Parents: Dick & Margee (married 2002) Ex-spouse: John (married Margee 1996, divorced 2000) Children: Abby, David and Paul Dick: Age 42 Step-Father of Abby, Father of David and Paul Brick mason / Self-employed / $48,000 1 year of college, no degree Good health Margee: Age 35 Mother of all 3 children Secretary for family-owned small business / $21,000 + $4,386 in CS 2yr – Junior college degree Breast cancer survivor (in remission) – depressed

5. John: Age 36 Father of Abby Teacher / $32,000 / pays child support of $84/week Ball State BS degree in education Good health / diagnosed with bi-polar disorder / doesn’t always take his medications Abby: Age 14 9th grade Good student Plays soccer, choir, volleyball, track Good health Rebellious – wants to live with John (father) David: Age 3 Daycare Good health / early developmental delays but seems ok now Paul: Age 1 Daycare Diagnosed with autism in First Steps

6. FAMILY ISSUES • Dick & Margee’s marriage is stressed by Abby/John issues, David and Paul’s separate needs, and finances. • Dick is planning on filing for divorce soon. Margee doesn’t want a divorce and is paralyzed. What changes does the divorce process itself bring to the family structure and viability? • What to do about Abby? Should she go and live with John or not, and if she does what does that do to the rest of the family system emotionally? Financially? • If there is a divorce where does Margee live? And how does she make ends meet on her income and child support, while losing (paying) child support for Abby? • What about David and Paul?

7. SERVICE CONTINUUM Divorce Filed Decree Filed Therapy Therapy Therapy Mediation Legal Process Guardian Ad Litem/Court-Appointed Special Advocate Child Custody Evaluator CCE Parenting Coordinator

8. Professional Roles THERAPY Therapist – Any mental health professional providing treatment of a parent, child, couple or family who is involved with the legal system at any time during treatment. • Governing Statute/Rule or Case: See professional licensing statues in I.C. 25-33 (Psychologists); IC 25-23.6 (MFT, Social Workers, Mental Health Counselors) and IC 20-28-12 (School Psychologists) • License – Psychology, School Psychology, Marriage and Family Therapy, Mental Health Counseling, Clinical Social Work • Ethical Standards – Usually provided primarily by the individual professional association and by the state licensing statutes • Participants – Usually the therapist and the patient(s)

9. MEDIATION Mediator – A neutral, selected by the parties or appointed by the court, who provides a confidential process to assist parties to a dispute reach a mutually acceptable agreement. • Governing Statute/Rule or Case: Rule 2 of the Indiana Rules for Alternative Dispute Resolution (http://www.in.gov/judiciary/rules/adr/index.html) • License – No license required, registry requirements: Attorney, or bachelor or advanced degree and 40 hour training; note there are no requirements for private contracts with mediators • Ethical Standards – Contained in Rule 2, otherwise generally accepted standards of national professional associations • Participants – Usually the mediator(s), the clients, and sometimes their attorneys.

10. GUARDIAN AD LITEM / COURT-APPOINTED SPECIAL ADVOCATE GAL / CASA – An attorney, or community volunteer who is appointed by the court to (1) represent and protect the best interests of a child; and (2) provide the child with services requested by the court, including (A) researching; (B) examining: ( C) Advocating; (D) facilitating; and (E) monitoring; the child’s situation. • Governing Statute/Rule or Case: IC 31-9-2-28(CASA defined); IC 31-9-2-50(GAL defined); IC 31-15-6( appointment in dissolution actions); note that GAL/CASA authorizations are also in the child abuse and protection, juvenile, probate, and juvenile delinquency sections of the Indiana Code • Ethical Standards – Contact Indiana Supreme Court, Division of State Court Administration, State Office of GAL/CASA (http://www.in.gov/judiciary/galcasa/) • License – none required, 30 hour training only required for CASA • Participants – Usually the GAL/CASA, the child(ren), parents, teachers, doctors, therapists, care givers, clergy, etc.

11. CHILD CUSTODY EVALUATION Custody Evaluator – a qualified mental health professional who functions as an impartial, expert examiner • Governing Statute/Rule or Case – Rule 35 of the Indiana Rules of Trial Procedure (http://www.in.gov/judiciary/rules/trial_proc/index.html); Physical and Mental Examination of Persons; case law supports an appointment by the court under their discretionary powers in custody cases • License – Generally, but not limited to Psychology, School Psychology, Marriage and Family Therapy, Mental Health Counseling, Clinical Social Work; could be anyone who could qualify as an expert in the subject area • Ethical Standards – Usually provided primarily by the individual professional association and by the state licensing statutes; see also AFCC Model Standards of Practice for Custody Evaluators • Participants – Usually the evaluator, the children, the parents, caregivers, teachers, friends, therapists and other relevant persons

12. PARENTING COORDINATION Parenting Coordinator – A mental health or legal professional appointed by the court to assist the parties in resolving issues and recommending solutions to disputed parenting issues in a dissolution, paternity, legal separation, or guardianship action (paraphrase of proposed parenting coordinator guidelines January, 2012) • Governing Statute/Rule or Case: NFP Chavez v Mason 870 N.E.2d 219(Ind.Ct.App. 2007, the Court’s research shows “no statute, rule, guideline, or judicial precedent that would authorize the trial court to appoint a “parenting time coordinator” to micromanage the parties’ parenting time disputes.”; Note the pending proposed changes to the Indiana Parenting Time Guidelines includes a new section on parenting coordinators, and is expected to be forwarded to the Indiana Supreme Court for consideration in the next 60 days, other subsequent Indiana Appellate case recognize appointment of PC’s under the court inherent power to investigate and determine child custody. • License – None; within the discretion of the parties, and/or the court; see above • Ethical Standards – AFCC has published Guidelines for Parenting Coordination, including ethics components • Participants – Usually the parenting coordinator and the parent(s).

13. ROLE BOUNDARIES AND ISSUES

15. DISCUSSION TIME! • Do we stay above the line? Or do we have to go below the line? • Who is the most vulnerable participant in this scenario? • Who is the most important professional in this scenario? • How proactive is the court in this scenario? And why? • How is the scenario different if one of the parties is pro se? Or both? Do the children have a right to counsel? If so, what is their role in the midst of the other roles? • What is the likely outcome of this scenario? And why?

16. STAY IN TOUCH! • www.linkedin.com/in/pkblaw • www.facebook.com/indydivorcemediator • pbrown@indydivorcemediator.com • Telephone: 317-873-4740