Podcast Summary

Episode Overview

Podcast: Texas Family Law Insiders
Host: Holly Draper
Guest: Christy Bradshaw Schmidt, LPC
Air Date: October 23, 2024
Episode Title: Understanding Brief Focused Assessments in Family Law Cases

This episode features an in-depth discussion with Christy Bradshaw Schmidt, a licensed professional counselor specializing in family law, about the evolution and practicalities of Brief Focused Assessments (BFAs) in Texas family law cases. The episode addresses the origins of BFAs, how they differ from traditional custody evaluations, their practical applications, limitations, and best practices for attorneys utilizing them.

Main Discussion Points and Insights

The Challenges with Traditional Child Custody Evaluations

• Length and Cost

  • Custody evaluations are regularly criticized for being too lengthy and expensive.
    • "They take too long, they toss too much. That's a concern of the bench, that's a concern of the bar..." (03:25 - Christy)

• Shortage of Qualified Evaluators

  • Many experienced evaluators are aging out, and fewer new professionals are entering the field due to increased litigation risk and legislative burdens.
  • The recent requirement (2023) for audio-visual recordings of child interviews has generated further hesitancy and confusion among evaluators (04:07).

• Statutory Changes

  • The Texas Family Code now mandates confidential audio-visual recording of interviews in evaluations (107.112).
    • "It's confidential unless good cause is shown for that to be produced for the attorneys or the parties to see..." (05:13 - Christy)
  • There is a conflict in the statutory language regarding who can access these files, which may require legislative amendment (05:35).

Introduction to Brief Focused Assessments (BFAs)

• Definition and Purpose

  • BFAs are short, focused evaluations that examine one to three specific issues—unlike custody evaluations which are broad and comprehensive (07:42).
  • "It is a briefer assessment...that looks at one to three issues for that evaluator to examine... and to provide a report to the court in a more cost efficient and more timely fashion..." (07:55 - Christy)
  • They offer timely, less intrusive, and more affordable insight for family law litigants and courts.

• Scope of a BFA

  • Not designed for cases with complex or comprehensive custody disputes, abuse allegations, or substantial uncertainty about parental fitness.
  • Focus examples include: child’s preference, mental health or substance abuse concerns, specific questions about a special needs child’s care, or parental compliance with medical recommendations (12:04).

Who Can Conduct a BFA?

• Must be a professional qualified under Chapter 107, Subchapter D of the Texas Family Code (09:49).
• The evaluator should have the experience, education, and methodology proficiency necessary for reliable, defensible opinions.

How BFAs Differ from Custody Evaluations

• Narrow Scope
  • BFAs limit review and opinion to no more than three issues, avoiding broad analysis of parenting and co-parenting capacities (11:25).
• Descriptive, Not Analytic
  • Reports focus on answering posed questions, not issuing possession or access recommendations unless the order and data support it (11:41).
• Quicker and More Cost-Effective
  • Due to limited scope, BFAs can be completed faster and at lower cost (11:13).

Limitations and Appropriate Use Cases for BFAs

• Not for Complex or Relocation Cases

  • If issues extend beyond three narrow topics or if there are abuse, relocation, or comprehensive concerns, a full custody evaluation is still required (13:44).

• No Broad Possession/Access or Conservatorship Recommendations

  • Unless all statutory elements of a custody evaluation are completed by express court order and sufficient evidence is available (15:04).
    • "The goal is not to backdoor a custody evaluation with these. The goal is to stick to one to three issues." (16:00 - Christy)

• Sample Questions Suitable for BFAs

  • What is the child's preference on living arrangements?
  • Does a parent have a mental health diagnosis and is it managed?
  • What is the impact of a parent’s substance use on their parenting?
  • Has one parent been primary for a special needs child's care? (12:04)

• Procedural Note:

  • The BFA order must specify what data to gather and what issues/questions to address, with attorney agreement and evaluator consultation recommended (13:31, 22:13).

Practical Steps for Attorneys Considering a BFA

• Case Triage
  • Identify disputed issues—must be limited (22:13).
  • Confer with client and opposing counsel for consensus.
  • Find a qualified evaluator and discuss scope/questions (27:36).
  • Draft a clear order detailing interviews, data needs, questions, payment, and timeframe.
  • Prepare client:
    • "Clients need to understand this is not a custody evaluation. You're not going in to tell your whole life story to this individual. It is limited in scope…” (33:03, repeated at end—Christy)

Special Situations

• Parent-Child Contact Problems (Resist/Refuse Cases)

  • BFAs can help identify factors, recommend interventions, and avoid parent-child cutoff, without stepping into full possession/access schedules (25:14).

• One-Sided or Defensive "Evaluations"

  • BFAs cannot be completed unilaterally unless court-ordered (29:47).
  • For single-party interests, a psychological or substance abuse evaluation as part of therapy is suggested, but provider cooperation is essential (30:55–31:53).

Working Collaboratively with Mental Health Professionals

• Attorney Best Practices
  • Build relationships with evaluators.
  • Communicate early and kindly; provide advance notice for court matters or record needs.
  • Understand differences between clinical and forensic roles.
  • "Be nice, be kind. You get more flies with honey than you do vinegar." (32:36 - Christy)
  • Building mutual respect benefits clients and improves outcomes (34:15–35:00).

Notable Quotes & Memorable Moments

• On the purpose of BFAs:

  • "The goal of these evaluations is to get as much information as possible to get the family kind of like to the one yard line so that either the attorneys and the parties can figure out how to get the ball over the goal line themselves, or certainly the court can." (12:55 - Christy)

• On the rise of BFAs:

  • "It has, you know, as we talked about at Advanced Family Law, kind of created a monster because now we have this great statute that really makes sure we're getting a valid and reliable evaluation... But we can't get people to do them." (07:04 - Christy)

• Advice to Lawyers:

  • "Communicate with us. Be nice, be kind. You get more flies with honey than you do vinegar. And that, you know, I love the whole... Roadhouse: we're going to be nice. We're going to be nice until it's time not to be nice." (32:33 - Christy)

• On attorney-evaluator relationships:

  • "Just like dealing with opposing attorneys, where if you can have a good working relationship and mutual respect, it goes a really long way." (34:15 - Holly)

Timestamps for Key Segments

• 03:20 – Problems with custody evaluations: delay, cost, evaluator shortage
• 04:46 – 2023 family code changes: recording requirements
• 07:42 – What is a Brief Focused Assessment?
• 11:25 – Major differences between BFAs and custody evaluations
• 12:04 – Example questions/issues suitable for BFA
• 13:44 – Limitations of a BFA
• 15:04–16:07 – Statutory restrictions on recommendations
• 17:37 – What to do if more than three issues are uncovered during a BFA
• 19:56 – Why "best interests of the child/possession and access schedule" is not appropriate for a BFA
• 22:13 – How to identify if your case is right for a BFA
• 25:00 – Use of BFAs in resist/refuse/reunification settings
• 26:26 – Conservatorship issues and BFAs
• 27:36 – Step-by-step: how to begin a BFA process
• 29:47 – Can/should you do a BFA only on one side?
• 32:33 – Christy’s advice to younger family lawyers
• 35:24 – Where to find more information and sample orders

Resources & Links

• Christy Bradshaw Schmidt’s Site: txfamilylawforensics.com
• Co Parenting Texas: CoParentingTexas.com — Sample orders and provider directories

Summary

This episode is an essential guide for Texas family law attorneys seeking faster, more targeted, and cost-effective alternatives to full custody evaluations when only a few, clearly defined issues need expert insight. Christy Bradshaw Schmidt lays out the legal landscape, practical procedures, and best practices for ordering, conducting, and utilizing Brief Focused Assessments, emphasizing the need for preparation, collaboration, and professional courtesy between attorneys and evaluators.

BFAs are not simply a shortcut, but a carefully delineated path to resolving narrow issues in family litigation, benefitting both courts and families with timelier outcomes.