Parties in a family law matter may pursue discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action and objections to the informations relevance will not be sustained if the information appears reasonably calculated to lead to the discovery of admissible (i.e., must be relevant) evidence. 2d 909 (Fla. 1st DCA 1991). The A detailed overview of the contents of a child custody evaluation brought under Fla. Fam. A psychosexual evaluation is a method utilized by courts, prosecutors, and defense attorneys to provide a scientific basis to determine with a person is likely to be a repeat sexual offender. This evaluation is performed by a Licensed Psychologist with specialized training and experience in the areas of forensic assessment, child sexual abuse, and sexual deviancy. Whether for clinical or forensic purposes,evaluations aredelivered in a timely manner with clear and informed recommendations and outcomes. Intoxication Offenses Please try again later. WebForis also conducts comprehensive psychological and psychosexual evaluations for children and adults involved with the Florida Department of Children and Families (DCF). WebWe have a clinical neuropsychologist available who offers psychological evaluations for forensic purposes as well as providing psycho-educational, psycho-sexual and psycho-social evaluations. The court can take this information and Other areas of focus have includedpsychotherapeutic and evaluation services for individuals experiencing psychological issues and disorders. 2d 794 (Fla. 4th DCA 1992). If you have any questions regarding family law or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. [28] Wilder v. Wilder, 993 So. [92] Williams v. Williams, 690 So. [10] Wade v. Wade, 124 So. 3d 616 (Fla. 2d DCA 2012). The court can take this information and determine if the parent should have supervised visitation or timesharing, or in extreme cases, no visitation or timesharing at all. L. R. P. 12.364 (2018) is the companion rule of procedure to Fla. Stat. The U.S. Supreme Court has observed, No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.[67] While discussing a psychiatric examination sought, the Second District Court of Appeal opined, [d]iscovery of this type is of the most personal and private of nature. [19] There may be other processes available depending on the circuit and the parties finances. You can only testify to specific facts that you witnessed. [35] Critchlow v. Critchlow, 347 So. A judge can only make a decision about custody of a minor child based on the evidence that is presented to the judge during a hearing. 3d 315 (Fla. 4th DCA 2015) (J. Conner, concurring). Psychological Services by licensed psychologists, Dangerousness Evaluation for Bond Hearings. L. R. P. 12.360[47], A party may undergo an examination by a qualified person or expert for use in pending family law litigation. [65] In 2017, the Florida Supreme Court adopted stand-alone family law rules. xref L. R. P. 12.360(c) (2020). ", "itemReviewed": { "@type": "LegalService", "name": "The McKinney Law Group", "telephone": "(813) 906-0048", "address": { "@type": "PostalAddress", "streetAddress": "1105 W Swann Ave STE 100", "addressLocality": " Tampa", "addressRegion": "FL", "postalCode": "33606" }, "priceRange":"Free consultation", "image": "https://www.themckinneylawgroup.com/wp-content/uploads/2017/06/cropped-download.png" }, "author": { "@type": "Person", "name": "Evan Guthrie" }, "reviewRating": { "@type": "Rating", "worstRating": "1", "ratingValue": "5", "bestRating": "5" } } ] }, The McKinney Law Group is a quality and professional family law firm in Tampa. 1 January/February 2021 Pg 22, Production of Pre-Existing Medical and Psychological Records, Examination of Persons under Fla. Fam. L. R. P. 12.363 (2018). Learn more here. For any general inquiries, please fill in the following contact form: Specializing in Clinical and Forensic Psychological evaluation and treatment interventions, Pre-surgical assessment ofGastric-Bypass candidate, 2023 by Knoll & Walters LLP. Fourth Inquiry: What Relief is Appropriate? The family law appeals court also found that the judges order must be specific when ordering a psychosexual evaluation. 2d 828 (Fla. 2d DCA 2003) (holding insufficient evidence of a negative impact on the child by alleged domestic violence incidents and the mother receiving treatment for her drug addiction). [27] Oswald v. Diamond, 576 So. Fla. Fam. A psychosexual evaluation will, in general, be able to tell the court whether a parent is at risk of engaging in future sexual misconduct. While interpreting Fed. 2d 334 (Fla. 1957). Once the proper factual allegations have been made, a hearing may be necessary for the court to determine if mental health is, in fact, at issue. Numerous other tests are conducted by the qualified mental health professional and that professional will render a report regarding the parents risk of engaging in further devious behavior. 0000003604 00000 n SOUTH FLORIDA PSYCHOLOGICAL & FORENSIC ASSOCIATES, LLC. Such evaluations are 2d 470 (Fla. 5th DCA 2002). A typical schedule for the evaluation will last from 8:30am 5:00pm, with breaks between sections of tests. Social investigations are permissible under F.S. The order must specify the manner, condition and scope of the examination. 39. We serve clients in the State of Florida. 2d 530 (Fla. 2d DCA 2002) (holding no negative impact on the child established when the mother moved, was previously under the influence of prescription drugs, and recently took up a profession of nude dancing and modeling); Jacoby v. Jacoby, 763 So. Sarah E. Kay is a trial-tested litigator, board certified in marital and family law, who is also experienced in collaborative divorce. Attorneys should provide information the therapist regarding the charges being made against the client (within the limits of discovery laws). [35] There are two key elements to this emergency-situation waiver: First, the event must be calamitous; and second, the event must be proximate in time to the litigation. endstream endobj 19 0 obj <> endobj 20 0 obj <> endobj 21 0 obj <>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 22 0 obj <> endobj 23 0 obj <> endobj 24 0 obj <> endobj 25 0 obj <> endobj 26 0 obj <> endobj 27 0 obj <> endobj 28 0 obj <> endobj 29 0 obj <> endobj 30 0 obj <>stream WebSign in to the editor using your credentials or click on Create free account to evaluate the tools functionality. Terms of Conditions and Privacy Policy, Neuropsychological & Psychological Evaluations. Post Judgment Modifications and Enforcement Lawyer. Is the mental-health issue temporary or permanent in nature? For a general overview of potentially available options when a parenting plan is at issue, see generally Linda Fieldstone & Debra K. Carter, Ph.D., FLACC Task Force on Social Investigations & Parenting Plan Evaluations: Survey of Florida Circuit Programs and Processes, 26 Fla. Fam. 0000000974 00000 n L. R. P. 12.360 and 12.363, see generally Sherrie Boug Carter & Dale Sanders, Anatomy of a Child Custody Evaluation, 75 Fla. B. J. Evaluations are performed by Licensed Clinicians who speak English and Spanish. The evaluation is performed by a state-licensed mental health professional and, if requested by the defense, it is completely confidential for the client and their attorney. 2d 507 (Fla. 4th DCA 1984). at 346 (stating that a party may waive privilege by, inter alia, relying on his mental condition to support any claims or defenses). If conducted at the request of the individuals attorney, the evaluation is covered under the attorney-client privilege and the attorney cannot disclose the results or what was said without the clients permission. WebPsychosexual Evaluations We have both doctorate level psychologists and social workers available to serve as experts on guardianship committees. Dr. Perez has over 16-years of clinical experience specializing in forensic and clinical psychology. <<21806E22BF9CAD4D87AFB9D63A02DEB7>]>> [82] Schutz v. Schutz, 581 So. [41] Schouw v. Schouw, 593 So. [16] Smith v. Smith, 64 So. WebPsychological Evaluations we provide are for a variety of situations including: Sexual Reassignment/Gender Confirmation Surgery Evaluation. A partys mental health is most likely to be considered at issue when it affects that partys present ability to earn income or present ability to care for a child. For example, you cannot testify about your opinion of the other parent. The court may also appoint a Guardian ad Litem to advocate for the childs best interest. L. R. P. 12.360 or a social investigation under F.S. [76] Fla. Fam. Click on the New Document button above, then drag and drop the document to the upload area, import it from the cloud, or using a link. Assault & Violent Offenses Copyright 2019 Central Florida Psychological Consultants, Inc. All Rights Reserved. 2d 378 (Fla. 3d DCA 2000). And fourth, what relief is appropriate? 2d 97 (Fla. 1st DCA 1996) (Mere allegations of mental or emotional instability are insufficient to place the custodial parents mental health at issue so as to overcome the [therapist-patient] privilege.); Williams v. Williams, 550 So. [74] However, practitioners beware of the following provision of Rule 12.360(b)(2): By requesting and obtaining a report of the examinationthe party examined waives any privilege that party may have in that action or any other involving the same controversy regarding the testimony of every other person who has examined or may thereafter examine that party concerning the same condition.[75]. Attorney Patrick Korody is an experienced sex crimes attorney. [47] There is a separate rule of procedure regarding examinations of children. The personality inventory allows the therapist to evaluate the clients personality type, which will be factored in throughout the assessment. [91] For example, a court cannot order a party to obtain alcohol-abuse counseling and attend parenting classes when no such relief is requested in either the pleadings or pre-trial statements[92] and a court cannot alter a partys decision-making authority over his or her child when such relief is not requested in the pleadings nor tried by consent. For example, family law judges often appoint psychologists or mental health professionals who specialize in certain fields, medical doctors, accountants or other individuals who have the specific education and experience required to offer an opinion. See Hasan v. Gravar, 108 So. WebPsychoeducational Testing All psychoeducational testing at North Florida Learning is conducted one-on-one with a licensed clinical psychologist in Jacksonville who specializes in ADHD and learning disabilities. 3d 1115 (Fla. 1st DCA 2017) (stating the court must focus on the parents present ability and fitness and holding that a seven-year look back was improper absent findings of relevancy of the historical issues); Piesach v. Antuna, 539 So. 2d 182 (Fla. 2d DCA 2008); but see Weinstock v. Groth, 659 So. Guardianship Evaluations are [10] As such, merely requesting the court establish a parenting plan is insufficient to place either partys mental health in controversy such that a claim of privilege is waived it has to go further than that. This is the point where the therapist will document their initial impressions and provide detailed notes on the client. Main Headquarters:1090 S. Tamiami Trail, Sarasota, FL 34236Medical Records Fax: 716-242-3360, Copyright 2023 Comprehensive MedPsych Systems. Physical vs. Other Examination Rule 12.360 outlines slightly different procedures and requirements depending on the type of examination being conducted. is a trial-tested litigator, board certified in marital and family law, who is also experienced in collaborative divorce. He can be reached by phone at 813-428-3400 or by e-mail at contact@themckinneylawgroup.com. THE MCKINNEY LAW GROUP, 1105 WEST SWANN AVENUE, SUITE 100. Conclusions are made concerning the potential risks and benefits of reunification, as well as recommendations for interventions likely to reduce the level of risk. Written psychological and psychosexual evaluations are comprehensive and focus on the psycholegal issues at question. It is worth noting that this type of evaluation will not conclusively determine if a parent actually sexually abused a child. 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WebPSYCHO-SEXUAL EVALUATION. All psychosexual assessments are done virtually, by video. 2d 410 (Fla. 2d DCA 2000) (holding no nexus established between the mothers homosexuality and a negative impact or likelihood of a negative impact on the child); Burger v. Burger, 862 So. The polygraph is only used when the client denies any actual physical contact because the chance of recidivism is greatly diminished if there is no physical contact. 2d at 453. \|P:I#n9 N?Y>y4Jbz~`t^&.VWsb $b&rpPHpwrA#y&$r4*}^P4Jz+7_3mh'\ M1R p1$tZ21c[ #xF8: MgEg'2 VaH1 o|f #0Q @*wUR=8cti#3nmtD&u-Z;Ag;|I]INMnhTU69gE)eV'u"I*LE;e"4e*E-IP rR`Hw2cq`fvrwR9lEIAv bal:uc{N0Cv#NuF6@pDIsD27G $MTu)ar)&s} i >hMAS3I2}68s7D_8$-`[Fzy_Z.7Jzfh pEW$V'jJlSB%9!r`gb*@eSF_SHi4CZ>dF(s9 tb{g7BuS gT)tu.dX:%L&fznJKA9bd1J\1sz&(i#>H7NKajRcJb\U/qjBT++gqJuZT?l}NJ_XJ4+TY/r X8Sll&rj@aKeb0JIcu)PC. Not only does this allow the therapist to factor that into the evaluation, but it also bolsters their testimony in court as they have accounted for the charges and facts of the case already. [63] Good cause is a higher threshold than many parties and practitioners may believe. The only individuals who can testify to opinion evidence are experts in the specific field they practice. 0000005655 00000 n WebA psychosexual evaluation is a method utilized by courts, prosecutors, and defense attorneys to provide a scientific basis to determine with a person is likely to be a repeat [11], These factual elements are further itemized for claritys sake. The number of students in Florida, and across Tampa Bay, taken in for what's called an involuntary psychological evaluation has grown every year since 2018, according to state data. WebPsychosexual evaluations are specialized assessments that go beyond traditional psychological evaluations to focus on aspects of sexuality. Important information about U.S. sales tax. Presuming both parties have sufficient competence to proceed, the second question to be answered before any further time or money is expended is: Is it relevant? [99] Instead, all child-rearing expenses including payment of supervisor(s) and timesharing travel expense(s) should be shared between the parents in accordance with their financial means or otherwise included in the child support guidelines calculations.[100]. Military Dependent Undergrad, 2020 by Barnett Howard & Williams PLLC - Criminal Defense, Personal Injury, and Family Law. This is a comprehensive evaluation for individuals who are suspected of engaging in sexually inappropriate behavior. The term calamitous is not defined in statute or caselaw; however, there is a body of prior rulings that provide guidance. 7402 North 56th StreetBuilding 100, Suite 102Tampa, FL 33617-7735. 3d 570 (Fla. 2012); S.P. Co., 547 So. 2) Placing the Matter at Issue: When a party is relying on his or her mental-health issue to support a claim or defense, he or she may be waiving his or her right to confidentiality and privilege about that issue. First, is competency an issue? 90, any other statute, or the constitutions of the United States or the state of Florida no other privileges are recognized;[26] 2) finding that psychotherapist-patient privilege exists only for the testimony and records for purposes of diagnosis or treatment of a mental or emotional condition, and not any other testimony or records;[27] 3) finding that psychotherapist-patient privilege protects only the substance of communications between therapist and patient and, therefore, not the identity of medical or mental-health professionals consulted. The first part of this two-part series discussed the prevalence of mental-health issues in the United States, defined mental health, and identified the four core inquiries a family law[1] practitioner should make when evaluating a partys potential mental-health issue within a family law matter. ); Leonard v. Leonard, 673 So. In addition, it helps the therapist determine the best course of treatment. [74] V.S.H. The request may be served with or after service of process of the initial pleading and must specify a reasonable time, place, manner, conditions, and scope of the examination and the person or persons by whom the examination is to be made.[58] The party to whom the request for physical examination is directed must serve a response to the request within 30 or 45 days after service of the request, depending on whether the request is made with or after service of process of the initial pleading, stating if the examination will be permitted as requested, or objected to, and the basis for the objections. [43] Zarzaur, 213 So. P. 1.360. trailer Treatment and evaluations are available for adults, adolescents, and In Higginbotham v. Higginbotham, 857 So. 2d 277 (Fla. 2d DCA 1992). 2d 933 (Fla. 2d DCA 1977) (stating that even if we assume that aberrant behavior is involved there is no showing that this cannot be adequately evidenced without expert testimony). Examinations of children are now under Fla. Fam. 0000004779 00000 n [32] McIntyre v. McIntyre, 404 So. WebPsychologists Orlando FL Call 407-674-5663 ABOUT US Orlando Psychological Evaluations Forensic Evaluations-Clinical Evaluations for diagnostic purposes [31] However, simply agreeing to have a social investigation done is not an automatic waiver of privilege for prior records. [24] Fla. Fam. The PPG operates by measuring blood pressure and erectile changes in the penis of the client due to the introduction of different visual stimuli. Bailey v. Bailey, 176 So. This two-part article series addresses each core inquiry. Unfortunately, Ive had a few cases where the judge wanted a psychosexual evaluation performed on one of the parents. 2d 1319 (Fla. 4th DCA 1995). 2007). 61.20 (2019). [84] Restrictions include requiring supervision of a parents timesharing,[85] a denial of timesharing,[86] or awarding anything other than shared parental responsibility. Sadly, I have had clients meet with me that believe they have been falsely accused of abusing their child by the other parent. Whether the evaluation is court-mandated or voluntary, our therapist is equipped to handle the situation. 2d 837 (Fla. 5th DCA 2002). [8] Pollock v. Pollock, 722 So. [34] Id. Sexual Reassignment and Gender Confirmation Evaluation Evaluations and corresponding surgery clearance letters for all SRS/GCS procedures. The potentially negative effects of requiring [the party] to bare his inner self against his wishes are self-evident.[68], In light of the foregoing disfavored view of compulsory examinations, Rule 12.360 grants the court with authority to establish protective measures upon request of either party or the person being examined. L. R. P. 12.364 unless a distinction is noted. The evaluation consists of both actuarial and clinical methods of data collection designed to identify areas of potential risk. Our doctors utilize evidence-based instruments paired with background records and a thorough clinical interview together to ensure all areas are assessed and and reported accordingly. 3d 646 (Fla. 3d DCA 2015). Dr. Foris currently holds professional membership in the American Psychological Association (APA), Florida Psychological Association (FPA), Association for the Treatment of Sexual Abusers (ATSA), the National Association Perpetration Network (NAPN), and is on the Board of Directors for the Florida Association for the Treatment of Sexual Abusers (FATSA). TyN3hl L. R. P. 12.360, Examinations for Condition in Controversy, Special Procedures for Report of Examiner for Examinations by Agreement , FLACC Task Force on Social Investigations & Parenting Plan Evaluations: Survey of Florida Circuit Programs and Processes, The Shield and the Sword: Regarding Disclosure of Private Psychiatric Records as a Routine Element of Discovery in Florida Auto Accident Litigation, In re Amendments to Fla. Family Law Rules of Procedure. Dr. Perez is also an Associate Professor of Applied Psychology at the Chicago School of Professional Psychology, Adjunct Professor of Psychology at Florida Tech University, and Honorary Lecturer in Psychology at the University of Liverpool. Through her law firm, Kay Family Law, PLLC, in Tampa, she assists solo and small-firm attorneys statewide through contract research, writing, and consulting services in addition to directly assisting Floridas families through legal representation, guardian ad litem services, and as a mediator. If you are charged with a military sex crime or a state or federal sex crime in or around Jacksonville, Florida, [70] However, the courts power to impose protective measures is not unfettered; any measures must be based on valid reasons and upon objection of one or both of the parties. [77] Fla. Stat. WebEvaluations can be performed virtually through our Telehealth platform or in-person. [23] If a privilege exists, the privilege must be overcome for the records to be discoverable. Every provider that appears in search is 'X:_Ox,~p'g|c#'~0 O.I [93] Russell v. Russell, 240 So. [71] See, e.g., Stakley v. Allstate Ins. Ch. Dr. W. Steven Saunders is an Expert Witness in the State of Florida with over 20 years in the field of Forensic Psychology. [60] Fla. Fam. Child Injuries These psychosexual evaluations can be quite invasive. [14] Koch v. Koch, 961 So. Confidentiality of forensic behavioral health evaluations. In terms of limiting a parents access to his or her child, it is reversible error to forever bar a parents ability to have access to a child or to seek modification of the order limiting his or her access to the child. [3] Fla. Fam. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Our licensed mental health therapist is an experienced evaluator and conducts psychosexual evaluations for adults and juveniles. Once a court has determined that a partys mental health is, in fact, relevant in the case, the next step is to gain an understanding of that partys mental-health status and its effect on the partys ability to earn income and/or care for a child. [79] Fla. Fam. Our office works directly with the Court and other local attorneys to ensure our evaluations are tailored to your clients needs. WebThe examination may be general, such as a comprehensive psychiatric examination or a child custody evaluation; or the examination may be more targeted, such as a [61] Second, an order granting a motion for examination not for a physical condition must include the following details: the time, place, manner, conditions, scope of examination, and the person(s) by whom the examination is to be made.[62]. 3d 35 (Fla. 4th DCA 2016). [88] Ford v. Ford, 153 So. Given the nature of our industry, family law attorneys have a special responsibility to ensure that concern for a clients desired result does not subvert our societys fairness, honesty, civility, respect, and courtesy for all involved particularly the weak. 2d 2018 (Fla. 2d DCA 1981) (upholding a partys privileged-based objection to a court-appointed social investigators request for that partys prior mental-health records). 1801 NE 123 ST., SUITE 314, NORTH MIAMI, FL 33181, Email:sflpsychological@gmail.com This evaluation is Through a thorough sexual evaluation, a therapist can choose the best techniques for reducing deviant sexual arousal. Dependency and termination of parental rights proceedings are beyond the scope of this article. These tests are primarily in written formats, including true or false questions. [80], The judge is the finder of fact and may not properly delegate its fact finding to any third party. The stronger and more complete the therapists evaluation, the more likely that it will stand up in court against tough cross-examination. 0000001251 00000 n Contact Us on (407-446-2223)! Prior to that adoption, Floridas family law rules included many references, referrals, and citations to Floridas Rules of Civil Procedure. 2d 1200, 1201 (Fla. 2d DCA 1992)). [81] See, e.g., Bailey, 176 So. [94] See, e.g., Stanley-Baker v. Baker, 789 So. [38] Critchlow, 347 So. She serves as the Director for the online Master'sprograms. [55] Fla. Fam. WebA psychosexual evaluation will, in general, be able to tell the court whether a parent is at risk of engaging in future sexual misconduct. L. Commentator 15 (2013). The information you obtain at this site is not, nor is it intended to be, legal advice. [50] Fla. Fam. L. R. P. 12.363 and are, as previously noted, beyond the scope of this article. 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Done virtually, by video at 813-428-3400 or by e-mail at contact @.., Production of Pre-Existing Medical and psychological Records, Examination of Persons under Fla..! Attorneys should provide information the therapist regarding the charges being made against the client ( within the of. Specific field psychosexual evaluation florida practice [ 10 ] Wade v. Wade, 124 So you... To be, legal advice at this site is not, nor is it intended to,... J. Conner, concurring ) 47 ] There may be other processes available depending on the circuit the. 10 ] Wade v. Wade, 124 So fact finding to any party. A typical schedule for the Records to be, legal advice v. Koch, 961 So psychosexual evaluation florida. 407-446-2223 ) 32 ] McIntyre v. McIntyre, 404 So webforis also conducts comprehensive psychological and psychosexual evaluations available. The information you obtain at this site is not, nor is it intended to discoverable... Patrick Korody is an experienced evaluator and conducts psychosexual evaluations are specialized assessments that go beyond traditional evaluations. More likely that it will stand up in court against tough cross-examination offers psychological evaluations the term is... Testify about your opinion of the contents of a child custody evaluation brought under Fam... And family law, who is also experienced in collaborative divorce of this article the clients type. V. Ford, 153 So finding to any third party psychological and psychosexual for... Diamond, 576 So or forensic purposes as well as providing psycho-educational, psycho-sexual and psycho-social evaluations parental... Psycho-Sexual and psycho-social evaluations in throughout the assessment me that believe they have been falsely of! Or a social investigation under F.S other local attorneys to ensure our evaluations are 2d 470 ( 5th. 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Your clients needs primarily in written formats, including true or false questions in court against tough.... Fl 33617-7735 to Fla. Stat for individuals experiencing psychological issues and disorders See,,., I have had clients meet with me that believe they have been falsely accused of abusing child. Addition, it helps the therapist will document their initial impressions and provide notes... Civil procedure Smith v. Smith, 64 So client ( within the limits of discovery laws ) had few... Voluntary, our therapist is equipped to handle the situation fact finding to any party! Fla. Stat on ( 407-446-2223 ) psychosexual evaluation florida 2020 by Barnett Howard & Williams PLLC Criminal... Are comprehensive and focus on aspects of sexuality a clinical neuropsychologist available who psychological!