A forensic evaluation is conducted to address one or more psycholegal questions for use in a legal, administrative, or court-related matter. It is not psychotherapy, counseling, or a treatment-based psychological evaluation and is not conducted for the primary purpose of establishing medical necessity, developing a treatment plan, or providing therapeutic services.

Participation in a forensic evaluation does not create a psychotherapist-patient relationship. The evaluator's responsibility is to gather and analyze relevant information and provide objective, appropriately supported professional opinions within the defined forensic scope. The evaluator does not serve as an advocate for the examinee, retaining party, or a particular litigation outcome.

In forensic practice, the individual being evaluated is not necessarily the client. The Retaining or Ordering Party is the attorney, court, agency, Guardian ad Litem, individual, or other authorized entity that requests, retains, or orders the forensic service.

The retaining or ordering party generally establishes the referral context and the psycholegal questions the Evaluator has been asked to address. The nature of the referral, governing court order, applicable law, and professional standards also affect the scope of services, anticipated use of the evaluation, and access to or distribution of forensic information.

An examinee, collateral source, parent, or other participant does not become the Evaluator's psychotherapy client merely by participating in the evaluation. Participation does not create a psychotherapist-patient relationship or, by itself, establish a right to direct the evaluation or control the release of forensic records or reports.

An Examinee is the individual who participates in psychological testing, clinical or forensic interviewing, examination, or other evaluative procedures conducted as part of the forensic evaluation.

The examinee may be the subject of the evaluation without being the client or Retaining/Ordering Party. Participation as an examinee does not create a psychotherapist-patient relationship and does not make the Evaluator an advocate or treatment provider for the examinee.

Participation also does not, by itself, create an independent right to receive the forensic report, evaluator's records, raw test data, or other protected assessment materials directly from the Evaluator. Access to and distribution of these materials are governed by the nature of the referral, applicable law and professional standards, court orders or other legal process, test-security requirements, and appropriate authorization.

Forensic evaluations have different confidentiality and privilege boundaries than psychotherapy or other treatment services. Information provided during a forensic evaluation should not be assumed to have the same protections or limitations on disclosure that may apply within a therapeutic relationship.

Information obtained during the evaluation may be incorporated into a forensic report or communicated as authorized or required by the governing court order, applicable law, the nature of the referral, or other controlling legal authority. Information may also become relevant to testimony, discovery, court proceedings, or other legally authorized disclosures.

Before substantive evaluation activities begin, examinees are informed of the reasonably anticipated uses of information obtained during the evaluation and applicable limitations on privacy, confidentiality, and privilege.

The nature of participation depends upon the referral and legal context. In a voluntary forensic evaluation, an examinee may generally decline or discontinue participation, subject to applicable financial obligations and potential consequences to the evaluation.

When an evaluation is court-ordered, mandated, or otherwise legally required, participation differs from a voluntary clinical service. The Evaluator does not determine the legal consequences of an examinee's refusal, nonparticipation, or withdrawal. Such circumstances may be documented and communicated to the Court or other authorized party as permitted or required by the governing order and applicable law.

Regardless of whether participation is voluntary or court-ordered, examinees are provided information regarding the evaluator's role, purpose and anticipated use of the evaluation, applicable limits of confidentiality and privilege, and other relevant conditions of participation.

As a matter of forensic practice policy, Upright Forensic Solutions does not release or distribute completed forensic evaluation reports directly to examinees, litigants, family members, or other third parties.

In court-involved matters, the Evaluator's practice is to transmit the completed forensic report to the Court unless the governing court order, applicable law, or other controlling legal authority expressly requires or authorizes a different method of distribution.

Participation in a forensic evaluation does not, by itself, create an independent right to obtain the report directly from the Evaluator. Parties or counsel seeking access to a report submitted to the Court should obtain the report through the Court or through the procedure established by the Court for its release or distribution.

The Evaluator will not independently release a forensic report contrary to this practice policy unless authorized or required to do so by a court order, applicable law, or other controlling legal authority.

A forensic examinee is not necessarily the client or retaining party and should not assume that participation creates an independent right to receive the evaluator’s records, raw psychological test data, test protocols, scoring materials, or other assessment materials directly from the Evaluator.

Access to and disclosure of these materials are governed by the nature of the referral, applicable law and professional standards, court orders or other legal process, test-security requirements, and authorization from the appropriate party or entity.

Raw psychological test data, protocols, scoring materials, test items, and other protected assessment materials are maintained separately from ordinary distribution of the forensic report. The Evaluator will not voluntarily release protected assessment materials in a manner that compromises test security or violates applicable professional or legal requirements.

A collateral source is an individual who provides information relevant to the forensic evaluation but is not necessarily an examinee or retaining party. Collateral sources may include treatment providers, family members, educators, employers, law-enforcement personnel, or other individuals with information relevant to the referral questions.

Forensic evaluations may also include review of medical, psychological, psychiatric, substance-use, criminal-history, treatment, educational, legal, or other relevant records when authorized and appropriate to the scope of the evaluation.

Information obtained from collateral sources and records may be considered in forming forensic opinions and may be referenced or discussed in the forensic report or testimony as appropriate. Collateral participation does not create a psychotherapy or treatment relationship with the Evaluator.

Although forensic services have different confidentiality boundaries from treatment, applicable mandatory-reporting and safety-related legal obligations remain in effect.

Information disclosed during an evaluation may require or permit action when applicable law establishes a reporting or disclosure obligation, including circumstances involving suspected abuse or neglect of a child or vulnerable person or certain threats of serious harm to another person.

The specific reporting obligation depends upon the applicable jurisdiction and circumstances. When a legally required report or disclosure is made, the Evaluator will disclose information consistent with applicable law and document the action as appropriate.

To preserve the integrity, neutrality, and efficiency of the forensic process, communications with the Evaluator should remain limited to matters necessary to conduct the evaluation and should follow any communication procedures established for the case.

Case materials, collateral information, records, and substantive communications may be required to be transmitted through counsel, the retaining or ordering party, or another authorized channel. Parties should not use direct communication with the Evaluator to advocate for a particular outcome, debate findings, or attempt to influence the evaluation.

After the evaluation is completed, questions, disagreements, or concerns regarding the report or conclusions should be addressed through counsel, the Court, or other appropriate legal procedures rather than through direct contact with the Evaluator.

A forensic evaluation is conducted for use in a legal, administrative, or adjudicative context. Findings, opinions, and recommendations may be incorporated into a written forensic report and may be considered in litigation, hearings, depositions, discovery, or other proceedings relevant to the referral.

When testimony is requested or required, the Evaluator may provide deposition or trial testimony regarding the evaluation, methods, findings, conclusions, and professional opinions within the scope of the forensic service.

Participation in the evaluation therefore should not be understood as a private therapeutic interaction. Information obtained during the forensic process may become relevant to legal decision-making and may be disclosed or discussed as authorized or required by applicable law, court order, or other controlling legal authority.

Forensic opinions are based upon the information reasonably available to the Evaluator, the methods employed, the scope of the referral, and applicable professional and jurisdictional standards.

The availability and reliability of records, collateral information, assessment data, participant cooperation, and other case-specific factors may affect the scope of the evaluation and the conclusions that can reasonably be reached.

A forensic evaluation does not guarantee a particular legal outcome, establish the ultimate legal decision for the Court, or substitute for psychotherapy, medical treatment, or other clinical services. The Evaluator's opinions are limited to matters within the evaluator's professional competence and the defined scope of the forensic referral.

Forensic evaluation is a specialized professional activity requiring appropriate education, training, experience, and competence. The authority to provide a particular forensic service is determined by the practitioner's professional license and lawful scope of practice, the nature of the service being provided, applicable jurisdictional requirements, and, when relevant, the governing court order.

Upright Forensic Solutions, LLC provides forensic services within the Evaluator's applicable professional scope of practice and areas of demonstrated education, training, and experience. Professional services are informed by relevant forensic practice guidance, ethical standards, applicable licensing requirements, and the scientific and professional literature appropriate to the referral question.