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  • 1.  Vocational Expert Family Law Opinion

    Posted 05-18-2023 11:18

    Good morning, everyone. I spoke with an attorney I do quite a bit of work with, and he discussed a ruling that he overheard from another attorney.
    This deals specifically with the 5th District of Florida. The ruling was stated as follows:

    If a evaluator reviews the labor market and provides job samples in a family law case, one must speak with the employer directly about the specific individual you are evaluating (providing the individuals name as well). Acting basically as the mediator leaning towards job placement. Many times as evaluators we are not retained for job placement solely for one's capacity to earn and an analysis of the local market. This seems like leaning toward job placement initiatives. 



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    Jenn Toles MS CRC CLCP CCM
    Guided Life Care Planning Services
    info@guidedlifecare.com
    Lithia, Florida
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  • 2.  RE: Vocational Expert Family Law Opinion

    Posted 05-18-2023 12:57
    Hi Jennifer,

    First, I want to say thank you for posting these practice specific questions for the community to respond to.  This is the kind of thing that I learn a great deal from and appreciate the responses from the very experienced people in the community.  This helps me understand what the laws are and how they affect practice, not just what our opinions are about how we think it should be done.  This also gives us the opportunity to respond as a professional community, collectively, if needed.  For you and others, keep them coming. 

    Do you know the specific ruling that we can look into more? That might give us more context and specific language to reference.

    Aaron Mertes PhD, PCLC, CRC
    Assistant Professor - Montana State University
    Editor in Chief - Journal of Life Care Planning








  • 3.  RE: Vocational Expert Family Law Opinion

    Posted 05-19-2023 06:25

    Good morning Aaron,
               Thank you for your response. I inquired with the attorney a specific statute/ruling and or any further information. His response was he would need to research it for himself. I requested more information once received I will certainly forward it on. I am in agreeance Aaron this forum provides a wealth of knowledge. 



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    Jenn Toles MS CRC CLCP CCM
    Guided Life Care Planning Services
    info@guidedlifecare.com
    Lithia, Florida
    ------------------------------



  • 4.  RE: Vocational Expert Family Law Opinion

    Posted 05-19-2023 09:28

    I'm not sure if there is a question in here or simply advising that some legislators are now requiring more specific VR services for particular family cases in FLA?

    Speaking in general terms, when I am assigned to provide VR services I rarely am ever just retained to provide a basic evaluation.  Unless specifically outlined, I am always prepared to conduct both pre counseling VR services (such as Job Analysis or a TSA) actual counseling services (career counseling and ET recommendations) but also more involved VR services that may lead to direct job placement.  The more labor intensive the work becomes the more I would bill hours, however, I don't see any implications here that would impact the way a VE would approach such a case.  Again, outside of specific services outlined, this appears to me to be a good thing to ensure a more thorough service is received?

     

    Thanks for the post.

     

    Joe

     

    Joseph Young, MS, CRC, LRC

    Forensic Vocational Counselor

    4209 Taylor Pond Lane

    Bedford, MA 01730

    Phone: 781-363-2689 / Fax: 508-445-8946

    Email: Joseph.Young72@outlook.com

    Web: www.JosephYoungConsulting.com

     

     

     

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  • 5.  RE: Vocational Expert Family Law Opinion

    Posted 05-19-2023 14:06

    Hello Joe,
             This is more so of a heads up and if anyone has heard of such a ruling as this is still being looked into. My view as a forensic evaluator it depends on what you are retained for, this is a matter pertaining to evaluating earning capacity in the family law sector. The big portion is SCOPE if one is not retained for job placement then why would one provide job placement initiatives and provide personally identifiable information to an employer. It's more of an ethics and SCOPE issue. 



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    Jenn Toles MS CRC CLCP CCM
    Guided Life Care Planning Services
    info@guidedlifecare.com
    Lithia, Florida
    ------------------------------



  • 6.  RE: Vocational Expert Family Law Opinion

    Posted 05-20-2023 10:56

     

    Hello Jennifer,

    I am not in FLA and your post may hit home with other VE's in your state or county. However, my suggestion would be to post the actual decision so a more broad audience can provide feedback.  I guess the issue here with this type of post is that other VE's or those providing VR services, would need to speculate that a job placement component actually exists based off interpretation of hearsay from a fourth party recollection of a third party potential ruling?  My original impression is that you interpreted this potential new requirement as a job placement initiative whereas it could just be a way to ensure a more thorough completion of a LMS or local job market?  If any PII is requested to be disclosed that is certainly an ethical issue but it's not clear if that is the case.  I am sure once the actual regulation you heard about is posted there would be room for more relevant feedback.

     

    Generally speaking, if one is retained for specific services, such as providing for a forensic evaluation for a family case, then many LMS include speaking directly to employers.  Of course you know this, therefore, I cannot see a regulation that requires an evaluator to reveal PII in preparing a LMS as opposed to hypothetical limitations of the "potential employee".  If you are speaking about the client's employer then, outside of lack of consent or cooperation, it's not clear what the issue is here?  Again, unless I am misreading the post, it appears that you are taking this added requirement as a job placement , which certainly could be problematic if the context of the services for which you were retained are expanded by a state regulation? 

     

    Best,

    Joe

     

    Joseph Young, MS, CRC, LRC

    Forensic Vocational Counselor

    4209 Taylor Pond Lane

    Bedford, MA 01730

    Phone: 781-363-2689 / Fax: 508-445-8946

    Email: Joseph.Young72@outlook.com

    Web: www.JosephYoungConsulting.com

     

     

     

    Confidentiality Notice:  The information in this email may be confidential. This email is intended to be reviewed only by the individual or organization named above. If you are not the intended recipient(s), you are hereby notified that any review, dissemination, or copying of this email or the information contained herein and its attachments, if any, is strictly prohibited. If you have received this email in error, please notify the sender immediately via return email and delete this email from your system.

     






  • 7.  RE: Vocational Expert Family Law Opinion

    Posted 05-20-2023 12:07
    Good Morning, Jennifer:
    I agree with you, this is an ethics and SCOPE issue.  The most problematic is that the ruling in Florida states that you have to provide the individual whom you are evaluating for employability and earning capacity's name to potential employers.  I don't see why you couldn't just contact the employer and ask your questions without divulging that information.  You were retained to complete an earning capacity evaluation, not to provide vocational services.  Terrible Decision.  Hope it's found to be so sooner than later.

    Best Regards,
    --
    Michele Erbacher, MS, CRC, ABVE/F
    Erbacher Rehabilitation & Consulting
    Cell:  (716) 807-6708






  • 8.  RE: Vocational Expert Family Law Opinion

    Posted 05-22-2023 09:40

    As a New Englander I am not familiar with nor have I researched a district ruling in Florida but it would be interesting to have the ruling provided, for the purposes of having others comment.  I assume this is why the post was made?  I would say that any rule that blanketly requires any disclosure of PII can be an ethical issue, unless the context is known.  I am unaware of any organization or evaluation tool named SCOPE so I assume we are just emphasizing the focus of this type of requirement not being within the services of which the FLA evaluator was hired to perform?  It's not completely clear as to what service was asked to be performed because doing a vocational evaluation is very comprehensive while an ECA is very specific.  While the ECA is typically the most common use for these types of situations one cannot assume why a VE was specifically retained without knowing more.  So to assume otherwise is to do a disservice to the topic.  While my experience in this area of family case law, and certainly in a southern state, is limited it does stand to reason that a ruling is often put in place to counteract some prior unjust process or a process that tends to favor one side of the litigating parties over another.  Therefore, and especially as a non-resident of FLA, I would not be quick to dismiss this type of ruling as a poor decision.  This is also why we have forums like this so others can provide feedback and discuss the implications of such rulings.  It's likely we benefit as a profession if someone presents a legal ruling that may have ethical implications but, again, we need more information and context to build from to truly dissect the topic presented.

     

    Perhaps some Floridians that practice in this area and, more so, have encountered this issue would be able to chime in?  I am always interested in hearing others perspective that delves into the context of a topic that impacts those that hits home in their own states.

     

    Happy Monday.

     

    Joseph Young, MS, CRC, LRC

    Forensic Vocational Counselor

    4209 Taylor Pond Lane

    Bedford, MA 01730

    Phone: 781-363-2689 / Fax: 508-445-8946

    Email: Joseph.Young72@outlook.com

    Web: www.JosephYoungConsulting.com

     

     

     

    Confidentiality Notice:  The information in this email may be confidential. This email is intended to be reviewed only by the individual or organization named above. If you are not the intended recipient(s), you are hereby notified that any review, dissemination, or copying of this email or the information contained herein and its attachments, if any, is strictly prohibited. If you have received this email in error, please notify the sender immediately via return email and delete this email from your system.