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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 CharacteristicsDuties 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.
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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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:
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.
Must be able to pass a criminal history information background check.
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