Registration Opens November 15, 2017Eldercaring Coordination is a dispute resolution process, modeled after the concept of Parenting Coordination, for high conflict families regarding the care and safety of elders. Specially trained Eldercaring Coordinators (ECs) help manage high conflict family and interpersonal psychological dynamics so the elder, family, and stakeholders can address nonlegal issues independently from the court, reducing further adversarial court actions. Five states are currently piloting the Eldercaring Coordination Initiative. Preliminary research will be presented, as well as benefits observed and challenges faced in bringing this innovation to the court and legal community.
Member Registration: $15, Certificate of Attendance: $15
Non-Member Registration: $50, Certificate of Attendance: $20
Linda Fieldstone, MEd., is former Supervisor of Family Court Services, where she worked for 26 years within the 11th Judicial Circuit, Miami-Dade County, Florida. She recently brought her conflict resolutions services directly to the community, assisting families before, during or after court processes. Ms. Fieldstone is Past-President of the Association of Family and Conciliation Courts (AFCC) and its Florida Chapter (FLAFCC). She was Secretary of the AFCC Task Force on Parenting Coordination, which provided Guidelines for Parenting Coordination in 2005. Ms. Fieldstone has been involved in research involving parenting coordination, provided numerous trainings on high conflict families and the court, consulted on court services implementation to international program providers, and written articles on those subjects. Most recently, she initiated the creation of the ACR and FLAFCC Task Forces on Eldercaring Coordination, a groundbreaking collaboration, which used the Parenting Coordination model to develop a process to benefit elders involved with high conflict families; five states including Florida are currently piloting the project.
Yesterday morning (9/14) the FLAFCC Board made the decision to cancel the 2017 conference which was scheduled for Monday, September 25 through Wednesday, September 27. This was a very difficult choice to make considering all the effort that has gone into the planning of the conference. It is clear that everyone has been impacted to some degree by Hurricane Irma. We know that our members and OSCA staff have obligations not only to their families but to the families we serve and our communities; energies are probably best spent close to home. It may be weeks before some of us have power and water, the courts will be pushing to catch up after a week or more of shut down, and many of us have offices to fix and practices to restart. We believe this decision is in everyone’s best interests but apologize for any inconvenience this decision causes you. If you made hotel reservations please call the hotel as soon as possible and cancel. You are responsible for cancelling your own reservation. We are unable to cancel for you. The hotel number is 407-859-1500. We recommend that you call rather than attempt to cancel online. As soon as we have clear dates and a confirmed location we will notify you regarding the 2018 FLAFCC/OSCA conference. If you already registered, are a speaker, sponsor or vendor you will soon, or have already received information regarding your refund options. If you have questions you should contact the following person:
By Wendy Coughlin, Ph.D. Family Mediator and Parenting Coordinator
We’ve all been there: Mom accuses Dad of being an alcoholic. Dad accuses Mom of being mentally ill. What to do? How can you best protect the children?
Parenting Plans (PP) must consider this issue, whether or not the accusation has been validated. You can best protect the child(ren) by building in safeguards that provide contingencies for if, and when, a parent appears impaired and unable to care for the child(ren). A well-constructed PP can eliminate the need for emergency hearings, temporary cessation of parenting time, and long waits for a judge or magistrate to rule on the obvious (impaired or not). Developing timesharing phases that are based on a parent’s abstinence, or proven capacity accomplishes what would otherwise be left to lengthy (and expensive) court proceedings.
If you ever played the children’s game, Chutes and Ladders, you already have the concept: when you achieve a higher number (or more days of abstinence/capacity), you go up the ladder (more parenting time); when you land on a problem, you go down a chute (less parenting time). Here is a basic outline:
Phase I: Supervised timesharing only.
Phase II: Unsupervised timesharing during the day in a public place.
Phase III: Unsupervised timesharing in the parent’s home during the day.
Phase IV: Unsupervised timesharing including overnights.
Phase V: Optimal timesharing as stipulated in a settlement agreement.
The time it takes for a parent to progress from Phase I to Phase V is negotiable dependent on many factors; for example: degree of past impairment, legal status, age of the children, living environment of the impaired parent, etc. Progress from one phase to the next can be determined simply by calendar time when there is no evidence of impairment or it may be contingent on identified factors supporting capacity (e.g. clean urine drug tests, mental health evaluations, polygraph reports, etc.). Standard in all Chutes and Ladders Parenting Plans is the contingency that any confirmed evidence of relapse results in the parent returning to Phase I and having only supervised timesharing. The advantage to this type of PP is that it immediately protects the child while maintaining the parent/child relationship. There is no need to suspend timesharing until a judge determines that timesharing must be supervised (which could take weeks and sometimes months); supervised timesharing begins immediately.
Determining if an individual is impaired due to alcohol or other drugs is a relatively simple matter for an addiction specialist. Multiple test options are available to check breath, saliva, urine, blood, hair or nails. Medical providers can order the tests to be completed through outside labs, courts often have testing facilities available, or certified addiction professionals may have testing materials in their office. The responsibility for getting the testing done falls on the accused who wishes to maintain parenting time. A best-practice payment strategy requires the accused to pay for the testing up front and absorb the costs if the tests confirm substance use and for the accuser (parent requesting the test) to absorb the costs if the tests are negative. Some of these tests can cost hundreds of dollars; without this stipulation, an innocent parent could go bankrupt simply proving his/her innocence.
Other types of impairments are more difficult to assess and monitor. If the impairment is due to a health-related issue, consultation with the treating healthcare provider is recommended to establish signs and symptoms of parenting capacity or incapacity. With younger children, this is most important as young children do not have the ability to report concerns. Older children may be better able to report; however, they should not be placed in the position of determining whether a parent’s mental health is impaired or another factor is putting them at risk. It is best to provide monitoring details for all children. A healthcare provider can provide updates to both parents, a Guardian ad Litem (GAL), or Parenting Coordinator (PC) to confirm a parent’s stabilization from seizures, postpartum depression, mobility factors, etc. A mental health expert can assess recovery from a major depression episode, compulsive gaming, abusive parenting philosophies, etc. Mental health concerns are exceedingly complex and may require longer phases, more specific treatment requirements, and elaborate details to define capacity to parent safely.
The goal in providing a Chutes and Ladders timesharing schedule is to provide everyone involved with a mechanism to insure the safety of the child(ren) while enabling them to enjoy ongoing timesharing with both parents. A Chutes and Ladders Parenting Plan provides a parent legitimately concerned about the co-parent’s parenting, defined tools to monitor the other parent’s capacity. It also provides a parent whose capacity has been challenged defined criteria to continue timesharing and increase parenting time. Everyone benefits from addressing substance abuse and other impairment issues directly in the Parenting Plan.
By Wendy Coughlin, Ph.D. Family Mediator and Parenting Coordinator
Family disputes represent the largest number of new cases filed in circuit courts throughout Florida. In the 2015/2016 year, the Florida Office of State Courts Administrator reported more than 288,000 new family law cases opened. Of that number, 82,000 were actions dissolution of marriage, outpaced only by orders for protection against violence. (Jameson et al., 2015-2016, p. 5-2, 5-3). Though time and costs vary widely depending at least in part on the complexity of the matter, selection of process, and attorney experience, at least one source estimates the average divorce in Florida takes fifteen months and costs $13,300 (Martindale-Nolo Research). Despite the time and cost invested, emotional and financial issues are often left unresolved, as is evidenced by the 223,000 domestic relations cases that were re-opened in 2015/2016, primarily for modification and enforcement (Jameson et al., 2015-2016, p. 5-22).
What role do the professionals play in this? Mental and behavioral health professionals are asked to take positions as experts, often contributing to the already heightened sense of hurt, frustration, and failed communications between family members. Financial professionals are asked to utilize their expertise to justify polarized positions. And what about the lawyers? Many go to court the same way one would go to war – leading a battalion of well-prepared witnesses and highly trained experts into battle armed with evidence designed to obliterate the enemy. Unfortunately, the “enemy” is the family – most often permanently linked to each other by a shared past, children, extended family, and intertwined finances. As a result, no one wins.
Now imagine something different. Let’s take all that professional talent and re-direct the emotional energy and financial resources available to the family to build a highly effective interdisciplinary team focused on identifying common goals and creating options for re-structuring the family in transition. That’s Collaborative Law.
The collaborative process is now law in Florida. ( 61.55-61.58, Florida Statutes). It is a voluntary process chosen by the clients, each represented by separate, collaboratively trained attorneys. The clients and attorneys, along with other collaborative professionals chosen to participate as process facilitators, child specialists, if needed, and financial neutrals, enter into a participation agreement which includes a withdrawal provision that prevents the attorneys or other professionals from participating in any future litigation between the clients. This team takes part in a series of problem-solving meetings which result, ultimately, in a marital settlement agreement or some other final consent agreement. Along the way, the professional team assists the family by educating them about financial matters, co-parenting, child development, and communication techniques that will help them transition from their current life and relationship to something different in the future.
Some professionals question whether the collaborative process is a good process choice for families. The newly enacted Collaborative Family Law Process Act requires attorneys to follow specific rules, procedural and ethical, to screen cases before entering into an agreement for representing a client in a collaborative family law matter. When consulting with potential clients, lawyers are now required to disclose certain information about alternative processes and fees for professionals engaged as part of the collaborative team. Professionals engaging in services for families – not just legal services, but also marital and family counseling, financial services, spiritual counseling, and child-focused services- need to learn about collaborative law in order to properly evaluate, advise, and refer the families and individuals they serve. Professionals already practicing collaborative law need to understand the newly enacted Collaborative Law Process Act, along with the new rules of procedure and professional conduct.
Whether you are new to collaborative family law, or just seeking to understand the new statute and rules, consider attending an interdisciplinary collaborative law overview at the 14th Annual Conference of the Florida Chapter of the Association of Family and Conciliation Courts. This conference is designed to educate, inspire, and empower professionals serving families in transition. Save the date for the collaborative pre-conference seminar on September 25, 2017, and for the full conference from September 26-27, 2017. Find out more on the FLAFCC Conference page here
Martindale-Nolo Research (n.d.). Citing Websites. Divorce in Florida: How Much Does It Cost and How Long Does it Take, family-law.lawyers.com, Retrieved August 8, 2017, from http://fanukt-law.lawyers.com/divorce/divorce-in-florida.html. Submitted by: Connie J. Byrd, Esquire
By Linda Fieldstone, M.Ed., Florida Supreme Court Certified Mediator, Florida Qualified Parenting Coordinator, Past President, FLAFCC; Judge Michelle Morley, Circuit Judge, 5th Judicial Circuit; Yueh-Mei Kim Nutter, Esq., Board Certified Specialist in Marital & Family Law Partner, Brinkley Morgan
Since the FLAFCC Task Force on Eldercaring Coordination approved Guidelines for Eldercaring Coordination in 2015, Florida has joined four other states in the Elder Justice Initiative on Eldercaring Coordination: Idaho, Indiana, Ohio and Minnesota. Eight Circuits in Florida are currently Pilot Sites, providing Eldercaring Coordination (www.EldercaringcoordinationFL.org) as a more humane response to high conflict cases involving the care and safety of an elder. Already over 50 cases have been referred to the process and the results the Eldercaring Coordinators have generated are positive and encouraging. Here are the top ten ways that Eldercaring Coordination can make a difference in the care and safety of elders in high conflict families:
1. Eldercaring Coordination is a court-ordered dispute resolution option especially developed to help high conflict families focus more productively on issues related to the care and safety of an elder. The focus is on the elder, rather than competing individual agendas.
2. Ongoing conflict and personal agendas consume the time and energy of everyone involved and often impedes the care of the elder. When family members feel heard, the potential for conflict decreases and the elder’s needs can be addressed sooner.
3. The Eldercaring Coordinator addresses non-legal, family issues so that attorneys and the court can address legal issues without constant disruptions. This helps to avoid frivolous and highly emotional hearings.
4. Eldercaring Coordination reduces risks and increases safety for the elder and others participating. Eldercaring Coordinators have been able to identify issues such as elder neglect, mental vulnerability, unsafe environments, coercion, physical problems, isolation, caregiver incapacity, elder relocation, and substance abuse or mis-medication. 5. Eldercaring Coordination promotes private, informed decision-making out of court by ensuring everyone has the same information. The Eldercaring Coordinator may serve as a liaison, when necessary, to share information and keep the doors open to communication and information gathering.
6. Eldercaring Coordination encourages collaboration, so families can generate more ideas and options for the elder that are feasible and convenient. The spectrum of care options is expanded so that well-informed decisions can be made from the range of opportunities available.
7. Eldercaring Coordinators help develop a support system for the elder and their families, optimizing the use of community resources, and experts. Attorneys, guardians, financial experts, mediators, aging life care professionals, and others are able to assist the elder and family with specified issues and fewer barriers.
8. The Eldercaring Coordinator is neutral. In a neutral environment, there is a greater chance of cooperation, as it takes the parties out of the adversarial framework of the court. Since parties share the payment of fees, the perception that the Eldercaring Coordinator can be bought or influenced by participants dissolves.
9. According to the term specified within the Court Order of Referral, the Eldercaring Coordinator is available across an extended period of time. This structure allows the Eldercaring Coordinator to assist the family through the many transitions the elder faces during the aging process.
10. Whether in a facility or a family member’s home, the elder is empowered to reunite with family members and others who may have previously been precluded from visiting. Together, the family and elder are able to resume meaningful connections and obtain closure on past issues. Even the youngest members of the family benefit from these more positive intergenerational influences.
If you are interested in developing an Eldercaring Coordination Pilot Site, contact FLAFCC Task Force Co-Chairs Linda Fieldstone, M.Ed. (Lindafieldstone@outlook.com) or Judge Michelle Morley (Mmorley@circuit5.org).
Private practice, Executive Director Florida Psychological Association For those of us working in the borderlands of mental health practice and the legal system, we are well aware that the old question of Who is the client is too simplistic for our complicated times, And yet, we must deal with the issues raised by it all the time. How do we balance the needs of all those individuals involved in a messy high-conflict family, When we are doing a court-ordered evaluation on an individual and they make a homicidal threat, what do we do about it, When we are doing a custody evaluation and think there might be ongoing physical abuse to a domestic partner, what should we do with that information, What do we do when the needs of multiple children in a case are incompatible When working as a parenting coordinator for a case and someone asks you to keep certain information confidential, what is the best course of action, What about when a collateral source you have contacted for information asks that you not disclose them as the source.
What are the legal requirements that play into our decision-making, What are the ethical requirements that are involved, And are they the same? The answer to that last question is not usually. There are many cases in which legal and ethical demands may not be compatible. In most clinical work with systems, it is recommended to have transparency. This does not tend to be the typical legal model. In collaborative models striving towards transparency is more evident. Participation Agreements should make it clear what the parameters for information exchange are. Having done so, confidentiality issues should be less of an issue but it is difficult to anticipate all the possible scenarios that could arise.
Now, in a perfect world, we have thought through all the possible issues that could arise and we have covered all possible scenarios in our consent procedures and documents prior to beginning a case. We have discussed this thoroughly in our informed consent process with all of the potential participants in the case. In reality, we are often faced with unforeseen circumstances that require complex decision-making.
I would suggest that the more appropriate question to ask ourselves in any case is, What are my professional responsibilities to each person or entity involved in this case. Because in any case, there are multiple parties to whom we have some responsibility. We have laws and administrative rules that address some of the requirements. We may be working under a court order with defined conditions. We have general and specific ethical guidelines that provide some guidance, but not always a definite course of action. The nature of the referral, whether court-ordered, attorney requested, or self-referred, provides some guidance. We usually have some professional responsibility toward the referral source, but we also have responsibilities to those directly being assessed and/or assisted. Also, in many forensic cases, there are associated others (such as collateral sources of information or participating family members) to whom we have some responsibility. Some of these associated entities may be systems such as the court, and other organizations. Some will be directly involved such as an individual being evaluated or family members being assisted with elder or parenting coordination. Some will be less directly involved but still brought into the process, such as extended family or collateral informants. And we cannot ignore our responsibilities to society at large, which is what we are serving when we act in response to suspected child abuse or danger to the community.
As in much of life, there is a balancing act involved in examining our professional responsibilities to all of these involved participants. One of the reasons there are rarely clear-cut answers is that we often have to prioritize the values and needs involved. And in this process, our own values, needs and biases come into play even when we like to pretend they are not in the mix. I have watched and monitored the state’s disciplining of mental health licensees over many years in my roles with the psychological association. In many of the cases, it appears that the transgressions started with the professional wanting to help as opposed to intentionally trying to harm others. However, other issues intrude and lead to complex problems. These issues may involve seeing oneself as a crusader, violating boundaries while thinking it was for a positive goal, and not taking into account the totality of professional responsibilities involved in the situation.
So, acknowledge that ethical dilemmas are rarely as clear as we would like and be thoughtful about how to proceed when they arise. Consultation (one on one please, not on a list serve) with trusted and experienced colleagues, consultation with your attorney, and contacts with malpractice carriers may help in the decision-making process. Be forewarned that you may receive differing opinions that you will need to sort through. Most of these types of decisions are multiple-choice and you have to think in terms of the best answer as more than one answer may be correct!
