Forensic Psychological Evaluations

FORENSIC EVALUATIONS ≠ THERAPY

Most clinical psychologists are trained to provide treatment to help people more effectively manage their thoughts, feelings, actions, and relationships, and build a life that is more consistent with their values. However, a small subset of clinical psychologists specialize in providing psychological evaluations for use in legal proceedings. These providers are known as forensic psychologists. Forensic psychologists typically complete the same doctoral training as clinical psychologists, and then pursue additional specialty training and continuing education that qualifies them to conduct psychological assessments for the purpose of clarifying a legal question. Whereas a clinical psychologist may undertake a psychological evaluation to clarify someone’s diagnostic formulation and guide treatment planning, a forensic psychological evaluation presents clinical information and psycholegal analysis that is relevant to a legal question in order to assist the trier of fact.

WHAT LEGAL PROCEEDINGS CAN BENEFIT FROM A FORENSIC PSYCHOLOGICAL EVALUATION?

In the same way that a clinical psychologist specializes in identifying and treating certain presenting concerns, a forensic psychologist specializes in conducting certain types of psychological evaluations. Here are examples of legal referral questions for which Dr. McLawsen regularly undertakes comprehensive psychological evaluations.

IMMIGRATION MATTERS

Dr. McLawsen undertakes comprehensive psychological evaluations for examinees in a variety of immigration law settings in both the United States and Canada. In addition to undertaking psychological evaluations, Dr. McLawsen presents training seminars on best practices for psychological evaluations that are used to guide immigration law decisions. Dr. McLawsen has co-authored peer-reviewed publications that establish best practice standards for "extreme hardship" evaluations, strategies for overcoming the mental health inadmissibility bar for respondents who have engaged in non-suicidal self-injury, and competence to proceed in immigration court. Areas of Dr. McLawsen's expertise include:

  • Extreme hardship evaluations for inadmissibility waiver applications (e.g., I-601, I-601A, J-1, and I-751 waivers).

  • Non-LPR cancellation of removal.

  • VAWA self-petitions.

  • I-751 waivers based on abuse.

  • U-Visa petitions.

  • N-648 waivers.

  • Adam Walsh Act sexual recidivism risk and rehabilitation.

  • Violence risk and rehabilitation.

  • Alcohol and substance use rehabilitation.

  • Overcoming inadmissibility due to self-injury.

  • Temporary Resident Permits

  • Permanent Residence applications based on humanitarian and compassionate grounds

CRIMINAL MATTERS

Dr. McLawsen routinely undertakes evaluations and provides testimony in criminal matters, including:

  • Competence to proceed (CST).

  • Retrospective competence to proceed.

  • Diminished capacity.

  • Not guilty by reason of insanity (NGRI).

  • Mitigation.

  • Competence to testify as a witness.

  • Mental Health Sentencing Act.

  • Diagnostic formulation and treatment/community management recommendations.

Civil Matters

Dr. McLawsen works in accordance with defense counsel, plaintiff’s counsel, masked referrals (e.g., Dr. McLawsen doesn’t know whether plaintiff’s or defense counsel retained her), and/or stipulated agreements (e.g., joint retention by plaintiff’s and defense counsel) to undertake evaluations and provide testimony in a wide range of civil matters, including:

  • Psychological damages.

  • Professional liability/Applicable standard(s) of care.

  • Wrongful death.

  • Retrospective suicide risk factors and warning signs.

Other Services

In addition to the psychological evaluations outlined above, Dr. McLawsen provides additional services:

  • Practice monitoring for psychology licensing board consent agreements

  • Supervision

  • Consultation

  • Mentorship for students interested in pursuing graduate studies in clinical/forensic psychology

  • Training in collaboration with Claire Ashbaugh, Ph.D., of Alpine Haven Psychology Services

HOW IS A PSYCHOLOGICAL EVALUATION PREPARED?

Many people wonder how a forensic psychologist approaches their work. Dr. McLawsen’s evaluations typically proceed according to these seven steps:

  1. Consult with an examinee’s attorney to clarify the referral question(s) and learn about the attorney’s clinically-relevant concerns. This consultation serves two primary purposes: (1) to determine whether Dr. McLawsen is a good fit, clinically-speaking, to undertake a potential evaluation; and (2) ensures the potential evaluation addresses relevant legal considerations.

  2. Review relevant records such as educational, mental health/medical, and legal documents.

  3. Clinical interview and psychological testing with the examinee, which typically includes:

    1. Psychosocial history.

    2. Assessment of mental status and behavioral observations.

    3. Diagnostic screening informed by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5-TR).

    4. Objective, standardized assessment procedures (e.g., techniques to measure personality strengths and vulnerabilities, specific areas of concern, and treatment readiness). Under some circumstances, actuarial measures that address risk and protective factors may be used to guide estimates about an examinee’s likelihood of engaging in legally-relevant conduct.

    5. If relevant, discussion of evidence-driven treatment recommendations.

  4. Review relevant scholarly literature.

  5. As appropriate, consult with collateral contacts such as key members of the examinee’s support system and/or professionals who have had contact with the examinee.

  6. Consider clinical data in relationship to relevant legal standard(s).

  7. Share clinical impressions with retaining counsel and discuss next steps.