Family Law Forum Identifying and Minimizing Bias in Forensic Mental Health Assessments James Davidson Ph.D. www. jamesdavidson.net davidsonpsych@me.com

Bias Basics Prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair. APA Guidelines: Psychologists are encouraged to monitor their own values, perceptions and reactions actively, and to seek peer consultation in the face of a potential loss of impartiality Psychologists strive to engage in culturally informed, nondiscriminatory evaluation practices. Issues: Age, gender, gender identity, language, culture and socioeconomic status.

Bias Basics Everyone has biases when conducting an FMHA. KNOW YOUR BIASES! MAKE THEM KNOWN! Infants should primarily be with their mother 50-50 time should be the starting point Once an alcoholic always an alcoholic Joint custody is almost always the rule

Bias Basics Bias can be positive! KNOW YOUR BIASES! MAKE THEM KNOWN! KEEP A LOG Recent research supports infant overnights with fathers The existing schedule should be the starting point The longer an alcoholic is sober the less significance for parenting Joint custody is the rule unless a person has maltreated the child

Bias Basics Procedural Errors Methodological shortcuts that omit steps or distort results Assertion Errors Overgeneralization of research Systematic Errors Cognitive errors due to hyperfocus on an issue or hypothesis Bias is a virus in the forensic evaluator’s work. It encourages arrogance while decreasing the reliability of the FMHA. Our focus is on systemic errors.

Systemic Errors: Different Types of Bias Confirmatory Bias Tendency to look for information that supports your expectations and disregard info that supports other conclusions Hindsight Bias Monday morning quarterbacking regarding parental actions can lead to unfairly criticizing decisions that made sense at the time Maternal Preference Bias Mother knows best and should be favored in parenting plans

Systemic Errors: Different Types of Bias Source Bias Disregard information from sources you don’t find credible while embracing information from favored sources Recency Bias More recent information is weighted more heavily than earlier information Research Bias It must be true because research says it’s true.

Systemic Errors: Different Types of Bias Repetitive Bias The most frequently repeated information is considered more important than other information Evaluator Optimism Bias The evaluator believes that the parents will see the wisdom of the recommendations and everyone will get along Dichotomous Thinking Bias Solutions are right or wrong, black or white. Never complex

Systemic Errors: Different Types of Bias Expertise Bias I’m an expert in (PTSD/DV/Parent Alienation/etc) and if there’s one thing I know, this parent is (fill in the blank)! You’re Driving Me Nuts Bias If this litigant sends me one more whiny email, I’ll go nuts. Therefore, the other parent is clearly the better parent. Game of Clones Bias These people remind me of the Smith case. Clearly, I should use the same recommendations

Drozd: Parenting Plan Evaluator’s Cognitive Error Checklist Self-interested Bias Over-optimistic or unusually harsh criticism in the report Groupthink Bias Was there dissent in the data? How was it reconciled? Anchoring Bias Is the anchor for the information reliable? Unsubstantiated? Extrapolated? Re-anchor

Drozd: Parenting Plan Evaluator’s Cognitive Error Checklist Halo Effect Such a successful career will lead to such a successful parent Don’t Rock the Boat Bias Why make a significant change when a little change won’t hurt Court Date Looming Bias They’re screaming for the report, so better get it done (instead of giving the grim news that the FMHA is delayed)

Steps to Decrease Bias Learn the law Collaborate Peer Review Know Best Practices Constant Training Know Your Bias Checklists Take 5

James Davidson Ph.D. Zion Bank Building 800 W Main St. STE-1460 Boise ID 83702 (208) 401-9292 staff (208) 971-1380 cell