California State Auditor Report- January 20, 2011
Our review of the Sacramento County Superior Court and the Marin County Superior Court’s use of court appointees in child custody disputes revealed the following:
»»The Sacramento family court:
• Did not have training documents and other information that could demonstrate that its staff met the minimum qualifications and training requirements to perform mediations and evaluations.
• Does not always ensure that its evaluators satisfy the qualifications required by law.
• Has not adhered to the superior court’s established employee appraisal policy.
• Lacks documentation demonstrating that the private mediators, private evaluators, and minor’s counsel on its lists of professionals it deems qualified and some it has appointed have necessary qualifications.
• Inconsistently followed its established process for dealing with complaints about its mediators.
»»The Marin family court:
• Could not demonstrate to us that all of the seven mediators on staff during the period we audited fulfilled the minimum qualifications initial training and continuing education to perform mediations.
Could not demonstrate that the private evaluators it appointed to the five cases we reviewed always provided the court with declarations of their qualifications as required.
• Did not ensure that all minor’s counsel appointed by the family court filed the required declarations of qualifications promptly.
»»The Sacramento superior court:
• Inconsistently complies with state law and court rules for paying minor’s counsel.
• Has a weak process for reviewing and approving minor’s counsel invoices.
»»Both superior courts:
• Did not log complaints about private mediators and evaluators received during the four-year period that we audited.
• Need to strengthen their policies for dealing with conflicts of interest.
• Did not ensure that their local rules include all the rules that are required
See complete PDF file
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