What to consider about court-involved mental health professionals

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Written by Joseph Prather, LMHC, CCMHC,CFMHE and Tara Moser, LCSW, RPT-S, C-AAIS

Are you looking at one of your cases and realizing you need a mental health professional (MHP) but aren’t sure how to find one that will meet your client’s needs? Are your clients being referred for mental health services, but you aren’t sure why or who to engage? Or questioning when to engage these professionals?

Group of people with their hands in a circleThis brief article is meant to help you understand what types of MHPs are out there, how to determine the best fit for the role your client needs, what are important (or not as important) credentials to look for or avoid, and generally how to choose the professional that would be most helpful to your client.

For most court-involved mental health treatment and services, it is recommended first to check that the provider is fully licensed to practice independently in Florida. You can do this easily at this website: FL DOH MQA Search Portal | License Verification (state.fl.us). Due to the complexity of most of our cases, it takes a particular skill set to provide court-involved mental health services appropriately.

Why do you want someone who holds a license from the Florida Department of Health? A licensed person has had a chance to improve the therapeutic skills necessary for high-conflict situations and will be more aware of the specific rules and limitations involved in court-ordered services. Registered mental health interns (RMHC-I or RCSW-I) are those with a master’s degree in a mental health field, yet have not completed their licensure requirements They could be just getting started or up to 5 years at this status. After 5 years as a registered intern, this credential is no longer valid in Florida.

These professionals are not recommended to be included in high-conflict court-involved cases due to a lack of experience and training. Click this link to visit the state of Florida’s mental health professional licensing details. Provisionally licensed (PLMHC or PLCSW) are those who may have been licensed in other states and have missing requirements for the state of Florida. This license is only good for 24 months. These individuals may have extensive training and have been licensed for a long time but not yet recognized under Florida’s requirements. Florida is known to hold extra requirements than that of other states, often involving PLMHC or PLCSW’s having to take additional graduate course-level work.

What do you want to consider next in looking for the best matching MHP? The next step is to determine how much experience the MHP has provided the specific service you are requesting and give more difficult and contentious cases to more experienced MHPs to improve the chances of a positive outcome.

In the state of Florida, the licensed MHP can be a clinical social worker (LCSW), a mental health counselor or master’s level psychologist (LMHC), or a marriage and family therapist (LMFT). Additionally, providers may be a doctor of psychology (PsyD) or a doctor of philosophy (Ph.D). The level of degree is not the most important thing (e.g., Ph.D/PsyD vs MA/MS.) What is most important is the level of experience and knowledge the provider has with court-involved mental health and, if necessary, the correct training and credentials for the specific service you need.

What other factors should you consider when looking for an MHP? Look to see if the MHP works collaboratively with all professionals involved. With good collaboration, many of the issues can be resolved without further influence of the court thus saving the client time, money, and stress, which in turn helps the attorneys and MHPs as well. Knowing the limits of this collaboration and the role of the MHP (such as if they are the MHP for a child, a parent, etc) is important in understanding what that collaboration may look like.

Are there credentials and trainings to look for in an MHP’s profile? Yes and no. While they are not required and the above take priority, it is recommended that the MHP is not a generalist and specializes in the client. For example, young children do really well with Registered Play Therapists (RPT is the credential they would hold). When significant mental health seems to be involved, ensuring there is adequate training in significant diagnosis is important. For those who have had trauma such as domestic violence, child abuse, death of a loved one, etc, someone who has significant experience and ongoing training in trauma is recommended.

Is there a risk that the MHP may have brief training that does not make them qualified? Yes! There are many training programs out there that are quick “certificates” that clinicians seek to boost their resume, yet they are not experienced and do not continue to obtain training. Any of these trainings should be explained as ongoing and continuous to stay up on the continuing education. Don’t be afraid to ask for a resume, curriculum vitae, or proof of training.

What if a parent coordinator is needed? This can be done voluntarily or court-ordered. If you are seeking a parenting coordinator for your client, the parenting coordinator must have 24 hours of continuing parenting coordinator education and 40 hour family court mediation training. These requirements, along with a current roster for the 20th Judicial Circuit of Florida, can be found HERE for more detailed information. Otherwise, any licensed MHPs can provide the service of parent coaching that you may be looking for, provided they have experience in that area of work.

Selecting the right mental health professional (MHP) for court-involved cases is a critical step in ensuring positive outcomes for your clients. It is essential to prioritize licensed professionals with experience in handling high-conflict situations and court-ordered services. While credentials like a Ph.D. or specific training can be beneficial, the key factors to consider are the MHP’s experience, collaborative approach, and specialized expertise relevant to your client’s needs. By thoroughly vetting potential MHPs, including verifying their licenses and asking for their resume or CVs, you can better navigate the difficulties of finding the correct court-involved MHP and choosing the most qualified professional to support your client(s).