Description
Definition
Under general supervision, within Family Court, the Child Custody Recommending Counselor provides mediation and recommending counseling to parties when custody and visitation are in dispute, as required by California Law. Mediation focuses on reducing acrimony between the parties; developing an agreement between the parties that ensures close, continuing and safe contact between the child and both parties; and, supporting the parties in developing a plan as to how they will share time with the child. Mediators provide confidential mediation, conduct focused interviews and provide recommending counseling/mediation.
Distinguishing Characteristics
When not all issues are resolved during a given mediation, the mediator makes custody and visitation recommendations for the Court’s consideration when making Orders. As needed, recommendations may be offered on issues of legal custody; when and how much time the child will spend with each parent or party, including holidays and school vacations; and, when, where, and how the child will move between households.
Mediators do not make parenting decisions, yet may need to determine which parent is best able to make reasoned, informed, and child-focused decisions when the parents are unable to agree.
While Mediators possess an educational and/or experiential background in mental health fields, and do, at times, provide crisis and co-parenting intervention, the position does not involve therapy or a focus on ‘fixing’ parties. At all times, the focus remains on the child’s best interests.
This is an experienced professional classification. Incumbents work independently, are fully aware of the operating practices and procedures of the unit, and receive occasional instruction or assistance.Examples of Duties
Duties may include, but are not limited to the following:
1. Provides mediation on a variety of issues related to disputed child custody and visitation with the goal of facilitating the development of a plan that is in the best interests of the child.
2. Prepares for upcoming mediations which may include reviewing available court documents that resulted in and relate to the given mediation appointment; reviewing the court file; conducting criminal history background checks; and, gathering case history records from Child Protective Services (CPS).
3. Utilizes interview assessment and screening techniques that are consistent with generally accepted clinical, forensic, scientific, diagnostic or medical standards.
4. Investigates and evaluates cases by interviewing parties and their child, reviewing psychological data and assessing potential risks of physical and sexual abuse, drug and alcohol abuse, criminal history, domestic violence and related factors.
5. Conducts collateral interviews after the mediation appointment with such sources as CPS, Probation, Law Enforcement or other professionals.
6. Prepares and organizes information collected and makes recommendations to the court regarding guardian/custodial arrangements in the best interest of the child.
7. Writes reports which includes integrating all relevant case information into a concise report of the parent’s full or partial agreement, as well as a clear explanation of those foundational factors to recommendations made on issues still in dispute.
8. Prepares a wide variety of reports and correspondence.
9. Testifies at trial and depositions.
10. Conducts case consultation with colleagues and supervisor and receives feedback.
11. Conducts emergency mediations when the Court has determined there is imminent risk of harm to a child requiring very quick turn-around of the resulting report; makes mandated reports of suspected abuse.
12. Conducts mediations in the context of a Guardianship case heard in Probate Court, Grandparent Visitation in a Family Law Case, and Confidential Mediation (with no attached hearing and no report) in either Probate or Family Law.
13. Conducts interviews related to Emancipation of a Minor or a Minor’s Request for Marriage/Domestic Partnership permission.
14. Explains the mediation process to parties and conducts parent orientation on mediation and court procedures pertaining to child custody.
15. Attends staff meetings and educational seminars to enhance professional mediation skills; completes continuing education requirements as outlined in the Family Code and California Rules of Court.
Minimum Qualifications
Education: A Master's Degree from an accredited college in Psychology, Social Work, Marriage, Family and Child Counseling, or other behavioral science related to marriage and family interpersonal relationships.
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Experience: Two (2) years of work-related experience in counseling or psychotherapy, or both. Experience in a setting related to the areas of crisis counseling, family or child counseling, and/or family violence is preferred.
Substitution: The Court may substitute additional experience for a portion of the education, or additional education for a portion of the experience.
Desirable Qualification: Possession of an active license in good standing in one (1) of the following: As a Psychologist, a Licensed Marriage Family Therapist (LMFT), a Licensed Clinical Social Worker (LCSW), a Licensed Professional Clinical Counselor (LPCC), or a licensed physician with a board certification in Psychiatry or with completed residency in Psychiatry.
Knowledge of:
Psychological and developmental needs of children and the range of healthy parent-child relationships; principles, practices and theories of adult and child psychology; adult psychopathology and the psychology of families; child development, child abuse, clinical issues relating to children, the effects of divorce on children, the effects of domestic violence on children, and child custody research sufficient to enable a counselor to assess the mental health needs of children; principles and methods of case management; crisis intervention, family therapy, and child interview techniques; physical abuse, sexual abuse and chemical dependency issues; conflict resolution techniques; available community resources; the court system of California and applicable laws, rules, statutes, regulations and guidelines governing the mediation of cases in Family Law and Probate; professional ethics, in particular as it applies to court-related work.
Ability to:
Mediate and evaluate child custody disputes; assess a party’s amenability to treatment and make suggestions and recommendations for services that will support safe contact between parent and child; tolerate and mitigate conflict; assess for risk of harm to a child related to physical/sexual abuse, neglect, domestic violence, substance abuse, and untreated mental health disorders; maintain impartiality in the emotionally charged environment of custody litigation; be patient, tactful, objective and maintain self-control; develop a parenting plan given each parent’s lifestyle choices and socio-economic status; make recommendations to the court dispassionately and with reasoned confidence regarding the contact between a child and their parents, siblings and extended family; quickly integrate information and prepare a report that effectively communicates the best interests of the child regarding custody and visitation; prepare and organize comprehensive and complete reports and recommendations; negotiate mediation agreements; use computer and software packages and related peripheral equipment; handle stress and difficult situations; maintain high-volume workload with timeliness; possess good work ethic and time management; work with individuals from varying ethnic, racial, cultural, and socio-economic backgrounds with acceptance and respect.
Other Information
Must be able to pass a criminal history information background check.
Typical Physical Requirements
Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment, including computer, telephone, calculator, copier and fax.
Typical Working Conditions
Work is performed in an office environment; continuous contact with other staff and the public.
