Section 1905.50 Assessment Guidelines

Section 1905.50  Assessment Guidelines

a)         Licensed

evaluators shall conduct objective, impartial and reliable sexual

abuser-specific assessments that support well-informed decision making and

maintain the credibility and integrity of the profession.

1)         Evaluators

conduct sexual abuser-specific assessments in accordance with any additional

ethical standards, codes, laws or other expectations for the respective

profession or discipline of practice.  This includes ethical standards

pertaining to, but not limited to, the following:

A)        Informed

consent;

B)        Specialized

training, knowledge, expertise and scope of practice;

C)        Documentation

and retention of records;

D)        Currency

of research;

E)        Confidentiality;

F)         Professional

relationships; and

G)        Conduct.

2)         Evaluators:

A)        explore and disclose any conflicts of interest or

other issues that may interfere with their ability to provide an objective,

fair and impartial assessment; and

B)        refer the potential client to another clinician

or agency if the assessment process and findings will be compromised by those

factors.

3)         Evaluators conducting sexual abuser-specific

assessments:

A)        acknowledge and attempt to address any personal biases

or assumptions they may have based on age, race, gender identity, sexual

orientation, faith practices, cultural differences, socioeconomic differences,

education, language, level of intellectual functioning, and mental or physical

disability; and

B)        refer the potential client to another clinician

or agency if the assessment process and findings will be compromised by those

factors.

4)         Evaluators take into account the client's

current legal status (e.g., no legal status; preadjudication, pretrial psychiatric

hold; presentencing, civil commitment referral; parole hearing; revocation) and

the ways in which that status may influence the nature of scope of the sexual

abuser-specific assessment

the assessment process and findings will be compromised by those

factors.

4)         Evaluators take into account the client's

current legal status (e.g., no legal status; preadjudication, pretrial psychiatric

hold; presentencing, civil commitment referral; parole hearing; revocation) and

the ways in which that status may influence the nature of scope of the sexual

abuser-specific assessment.

5)         Evaluators take reasonable steps to:

A)        afford the client who is the subject of the

assessment (and/or legal guardian) the opportunity to make an informed decision

about participating in the assessment process; and

B)        document those efforts in the report.  These

steps include, but are not limited to the following:

i)          Explaining

the nature and purposes of the assessment;

ii)          Outlining

potential benefits, risks and limitations of the assessment procedures that

will be used;

iii)          Highlighting

the potential benefits and impact of participating or declining to participate;

iv)         Specifying

limits on confidentiality, such as persons or entities to whom the findings

will be provided and the circumstances under which information may otherwise be

released; and

v)         Responding

to questions posed by the client regarding the assessment process.

6)         Evaluators:

A)        inform clients of the evaluator's

responsibilities vis-á-vis the client and the request for the evaluation; and

B)        ensure that clients understand that the

evaluation may still proceed without their consent.

7)         Evaluators recognize the potential for

disclosures of previously undetected sexually abusive behaviors, work closely

with other system stakeholders to establish protocols for the fair, ethical and

responsible handling of the disclosures, and ensure the client understands the

evaluator's duty to disclose as required by law

that the

evaluation may still proceed without their consent.

7)         Evaluators recognize the potential for

disclosures of previously undetected sexually abusive behaviors, work closely

with other system stakeholders to establish protocols for the fair, ethical and

responsible handling of the disclosures, and ensure the client understands the

evaluator's duty to disclose as required by law.

8)         Evaluators take reasonable steps to ensure that

assessments of sexual abusers are current when that information will be used to

inform case management decisions, such as sentencing, civil commitment,

release, treatment and supervision.

9)         Evaluators take reasonable steps to clearly

articulate the specific rationale for all conclusions and recommendations

provided in a given assessment, using language that is readily understandable

to the consumers of the assessment, including the client.

10)        Evaluators consider community safety and the

degree to which the client is capable of and willing to manage his or her

sexual behavior when making recommendations in the assessments.

b)         Evaluators shall clarify with the requestor and

subject the specific purposes for which an assessment is being conducted and shall

document accordingly.

1)         Evaluators conduct sexual abuser-specific

assessments primarily for the following purposes:

A)        Understanding

the nature and extent of a client's sexually abusive behavior;

B)        Exploring

criminogenic and other needs that should be the focus of treatment and other

interventions;

C)        Estimating

short- and long-term recidivism risk, both sexual and nonsexual;

D)        Identifying

specific responsivity factors; and/or

E)        Obtaining

baseline information about a client against which progress and other changes

can be gauged

exually abusive behavior;

B)        Exploring

criminogenic and other needs that should be the focus of treatment and other

interventions;

C)        Estimating

short- and long-term recidivism risk, both sexual and nonsexual;

D)        Identifying

specific responsivity factors; and/or

E)        Obtaining

baseline information about a client against which progress and other changes

can be gauged.

2)         Evaluators recognize that sexual abuser-specific

assessments are not designed or reliable for, and should not be conducted for,

the following purposes:

A)        Substantiating

or refuting allegations that are the focus of a criminal, civil, child custody

or other investigation;

B)        Exploring

the veracity or motivations of an alleged victim's statements;

C)        Guiding

law enforcement, prosecutorial or charging determinations;

D)        Suggesting

the existence of a predetermined profile of a sexual abuser against which an

individual can be compared to determine fact; or

E)        Addressing

or alluding to a client's potential guilt or innocence, or otherwise speaking

to issues that are within the purview of a trier-of-fact.

3)         Evaluators collaborate with other stakeholders

involved in risk reduction, risk management and prevention efforts to promote

the appropriate and effective use of assessment data to inform case management

decisions with sexual abusers.

4)         Evaluators take steps to educate other

stakeholders, including the public, regarding the appropriate purposes,

potential misuses, strengths and limitations pertaining to the assessment of

sexual abusers.

c)         Evaluators shall utilize assessment measures,

instruments and procedures that are appropriate for addressing the specific

goals of the assessment, for the purposes for which the tools were designed,

and for the client being assessed

including the public, regarding the appropriate purposes,

potential misuses, strengths and limitations pertaining to the assessment of

sexual abusers.

c)         Evaluators shall utilize assessment measures,

instruments and procedures that are appropriate for addressing the specific

goals of the assessment, for the purposes for which the tools were designed,

and for the client being assessed.

1)         Evaluators shall be familiar with the

psychometric properties of the assessment measures to be used, including

reliability and validity, and favor well-accepted instruments that are

supported by empirical research.

2)         Evaluators shall use instruments and methods for

which they are appropriately trained, follow recommended administration

protocols for all assessment measures utilized, and offer statements of

findings that are limited to the capabilities of these methodologies.

3)         Evaluators recognize that assessment instruments

developed for and used with adult sexual abusers may not be appropriately

normed, valid or reliable for use with other subpopulations of sexually abusive

clients.

4)         Evaluators shall select the most reliable, valid

and appropriate assessment instruments and procedures given the client's age,

gender, culture, language, developmental and intellectual functioning, and

other unique characteristics.

5)         Evaluators who are unable to communicate

fluently with a client shall refer the client to another qualified professional

who is able to communicate fluently with that client.  A professional

interpreter may be used with the client's permission, provided that

confidentiality agreements are in place.  Evaluators shall note within their

assessments if an interpreter is utilized.

6)         Evaluators who conduct assessments on special

subpopulations of sexually abusive clients possess specialized knowledge,

obtained through focused training, regarding these subpopulations

ofessional

interpreter may be used with the client's permission, provided that

confidentiality agreements are in place.  Evaluators shall note within their

assessments if an interpreter is utilized.

6)         Evaluators who conduct assessments on special

subpopulations of sexually abusive clients possess specialized knowledge,

obtained through focused training, regarding these subpopulations.

7)         Evaluators assess/screen clients for acute

mental or behavioral health needs that may require intervention prior to

initiating assessments or interventions specific to sexually abusive behavior

and, if necessary, refer clients to other professionals who are qualified to

provide these services.  The impact of those mental health or behavioral needs

on the assessment procedures or findings should be noted in the evaluator's

report.

8)         Evaluators strive to meet the special needs of

clients with developmental, learning or physical impairments during assessments

(e.g., using taped versions of questionnaires, modifying terminology/language

on self-report instruments).  Reasons and the rationale for using alternative

testing methods should be documented in the report, and it should be noted that

these special accommodations may have an impact on the reliability and validity

of instruments that are typically self-administered.

9)         Evaluators should note in the report any

limitations or biases related to using instruments or procedures that were not

developed to take into account a client's age, race, gender identity, sexual

orientation, faith practice, cultural background, socioeconomic status,

education, language or level of intellectual functioning

idity

of instruments that are typically self-administered.

9)         Evaluators should note in the report any

limitations or biases related to using instruments or procedures that were not

developed to take into account a client's age, race, gender identity, sexual

orientation, faith practice, cultural background, socioeconomic status,

education, language or level of intellectual functioning.

d)         Evaluators shall recognize that conducting

psychosexual evaluations provides a critical opportunity to gain comprehensive

understanding of the client's circumstances, risk, intervention needs and

responsivity factors; engage the client in the assessment and overall

intervention process; and offer reliable data to inform decision making.

1)         Evaluators rely on multiple sources of

information when conducting a psychosexual evaluation, preferably to include

the following:

A)        Client

interviews;

B)        Interviews

with collateral informants, as applicable (e.g., family, intimate

partner/spouse);

C)        Thorough

review of official documents (e.g., police reports, victim impact statements,

criminal justice records, previous assessment and treatment records, presentence

or social services investigations);

D)        Empirically

grounded general psychometric testing (e.g., intellectual, diagnostic);

E)        Empirically

grounded strategies to estimate risk of sexual and/or nonsexual recidivism; and

F)         When

professional judgement dictates:

i)          Empirically

grounded instruments designed to measure broad sexual, as well as

offense-related, attitudes and interests;

ii)         Empirically

grounded, objective psychophysiological measures of sexual arousal, interests

and/or preferences

Empirically

grounded strategies to estimate risk of sexual and/or nonsexual recidivism; and

F)         When

professional judgement dictates:

i)          Empirically

grounded instruments designed to measure broad sexual, as well as

offense-related, attitudes and interests;

ii)         Empirically

grounded, objective psychophysiological measures of sexual arousal, interests

and/or preferences.

2)         Evaluators identify, document and explain the

implications of specific responsivity factors, which include, but are not

limited to, the following:

A)        Age;

B)        Culture;

C)        Psychosocial

and emotional development;

D)        Level

of adaptive functioning;

E)        Neuropsychological,

cognitive and learning impairments;

F)         Language

or communication barriers;

G)        Acute

psychiatric symptoms;

H)        Denial;

and

I)         Level

of motivation.

3)         Evaluators interact with clients in ways that

are designed to promote engagement, decrease resistance, and foster internal

motivation throughout the assessment process.

4)         Evaluators explore and incorporate the client's

own perspectives, interests and goals when interviewing and assessing the

client.

5)         Evaluators take reasonable steps to employ

communication methods that take into account specific responsivity factors such

as culture, developmental level, and intellectual functioning.

6)         Evaluators recognize that the varying reasons

for which a client presents for a psychosexual evaluation may impact the client's

demeanor during the interview

ing and assessing the

client.

5)         Evaluators take reasonable steps to employ

communication methods that take into account specific responsivity factors such

as culture, developmental level, and intellectual functioning.

6)         Evaluators recognize that the varying reasons

for which a client presents for a psychosexual evaluation may impact the client's

demeanor during the interview.

7)         Evaluators seek to obtain a range of general

background information about the client, including, but not limited to, the

following:

A)        Developmental

history (e.g., family dynamics, exposure to violence, maltreatment);

B)        Nature

and quality of past and current relationships (e.g., family, peers, intimate

partners);

C)        Medical

and mental health history (i.e., client and family);

D)        Intelligence,

cognitive functioning and level of maturity;

E)        Education

and employment history;

F)         Antisocial

orientation (e.g., antisocial attitudes and values, psychopathy, antecedents of

juvenile delinquency, adult criminal history, violence or aggression); and

G)        History

of substance use and abuse.

8)         Evaluators collect information regarding sexual

history information that includes, but is not limited to, the following:

A)        Psychosexual

development, early sexual experience, and history of age-appropriate,

consensual sexual relationships;

B)        Nature

and frequency of sexual practices (e.g., masturbation, nonabusive and nondeviant

sexual behaviors, unconventional or risky sexual activities);

C)        Paraphilic

interests, fantasies and behaviors that may not be sexually abusive (e.g.,

fetishes, masochism);

D)        Use

of sexually oriented services or outlets (e.g., magazines, internet access,

telephone sex lines, adult establishments);

E)        Abusive

or offense-related sexual arousal, interests and preferences;

F)         History

of sexually abusive behaviors, both officially documented and unreported (if

identified through credible r

y not be sexually abusive (e.g.,

fetishes, masochism);

D)        Use

of sexually oriented services or outlets (e.g., magazines, internet access,

telephone sex lines, adult establishments);

E)        Abusive

or offense-related sexual arousal, interests and preferences;

F)         History

of sexually abusive behaviors, both officially documented and unreported (if

identified through credible records or sources);

G)        Information

about current and/or previous victims (e.g., age, gender, relationship to

client);

H)        Contextual

elements of sexually abusive behaviors (e.g., dynamics, motivators, patterns,

circumstances); and

I)         Level

of insight, self-disclosure and denial (e.g., of the behaviors, motivations or

intent, level of violence and coercion) relative to various aspects of the

sexually abusive behavior.

9)         Evaluators explore and document a client's

strengths, assets and protective factors, which may include, but are not

limited to, the following areas:

A)        Prosocial

community supports and influences, and others involved in care and treatment;

B)        Structure

and support that promote maintaining success (e.g., limited access to potential

victims);

C)        Healthy,

age-appropriate, normative, long-term intimate and sexual relationships;

D)        Motivation

to change;

E)        Insight,

understanding and management of risk factors;

F)         Appropriate

problem-solving and emotional management skills; and

G)        Employment,

financial and residential stability.

e)         Potential Involvement of Adult Victims in the

Evaluation Process

1)         If a victim expresses an interest in having his

or her perspectives represented by actively participating in the evaluation

process of the sexual abuser, the evaluator shall adhere to certain parameters.

A)        The

evaluator should never initiate contact with a victim.  The victim should be

the first to initiate any type of contact

ment of Adult Victims in the

Evaluation Process

1)         If a victim expresses an interest in having his

or her perspectives represented by actively participating in the evaluation

process of the sexual abuser, the evaluator shall adhere to certain parameters.

A)        The

evaluator should never initiate contact with a victim.  The victim should be

the first to initiate any type of contact.

B)        The

evaluator shall inform the victim of the process through which the victim may

provide either a written or oral statement regarding the offense.  The victim

should be made aware that he or she may have someone with him or her, such as a

victim's advocate, to provide support.

C)        With

expressed consent of the victim, the evaluator may consult with victim

advocates, when involved, and consider alternate methods of incorporating the

perspectives of the victims (e.g., written victim impact statements).

D)        The

evaluator shall exercise caution if interviewing victims because of potential

risk of unintended impact on the victims.

E)        The

evaluator shall interview victims only when possessing the requisite knowledge,

experience, skills and training to work with sexual abuse victims.

F)         The

victim may opt to provide a statement at any time.

f)         The Written Report

1)         In the psychosexual evaluation report, evaluators

outline the full range of information sources used to conduct the psychosexual

evaluation, note any relevant information sources that were unavailable at the

time of the evaluation, and highlight the potential implications of any data

limitations on the conclusions and recommendations contained in the report.

2)         Evaluators provide an addendum to the

psychosexual evaluation report when additional key information is received

about the client that significantly impacts the initial findings, conclusions

and recommendations

e unavailable at the

time of the evaluation, and highlight the potential implications of any data

limitations on the conclusions and recommendations contained in the report.

2)         Evaluators provide an addendum to the

psychosexual evaluation report when additional key information is received

about the client that significantly impacts the initial findings, conclusions

and recommendations.

3)         Evaluators document areas of convergence and/or

divergence among the client's self-report, collateral information, and other

sources of assessment data, including objective behavioral or

psychophysiological assessment measures.

4)         Evaluators clearly articulate conclusions and

recommendations based on supporting evidence documented in the body of the

report, and that generally address the following (as relevant to the purpose of

the assessment):

A)        Recidivism

risk (sexual and nonsexual);

B)        General

and offense-related criminogenic needs;

C)        Responsivity

factors;

D)        Other

intervention needs;

E)        Current

stressors;

F)         Client-identified

goals and interests;

G)        Implications

of the client's strengths and assets;

H)        Potential

risk management strategies that may be important for other stakeholders to

consider (e.g., potential targets for community supervision); and

I)         Recommended

interventions that support the application of the risk, need and responsivity

principles for the client and that sufficiently take into account victim and

community safety.

5)         Evaluators note in the psychosexual evaluation

report any recommended interventions or services that are unavailable due to

limitations of existing resources, while recognizing that the absence of existing

resources does not lessen the evaluator's responsibility for providing

assessment-driven recommendations

ient and that sufficiently take into account victim and

community safety.

5)         Evaluators note in the psychosexual evaluation

report any recommended interventions or services that are unavailable due to

limitations of existing resources, while recognizing that the absence of existing

resources does not lessen the evaluator's responsibility for providing

assessment-driven recommendations.

6)         Evaluators recognize that communicating the

results to the subject of the evaluation may be beneficial (e.g., for clarity,

to facilitate client engagement, to gauge the subject's response to feedback)

and take reasonable steps, using language at a level that is accessible to the

individual being assessed, to:

A)        inform the subject of the conclusions and

recommendations contained in the evaluation report and the basis for those

conclusions and recommendations; and

B)        provide clarification when warranted, practical

and appropriate.