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Author
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Topic: PCSOT Examiner Liability??
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BrunswickT
Member
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posted 04-19-2009 06:25 PM
  
To many veteran examiners this may seem an elementary issue, yet I have found that in a fluid field such as polygraph, I always learn something new just by asking a "dumb question". There is of course, a great deal of controversy on all levels of government; federal, state and local concerning the containment of convicted sex offenders. I'm wondering if any members of this forum have been confronted by any of these legislated restrictions that have caused the examiner to make "business decisions" that would avoid potential allegations of liability due to negligence? Specifically, selecting the location of the examiner's place of business. A. Is it incumbent upon the examiner to insure that the location of the place where polygraph examinations take place (PCSOT) does not cause a registered SO to violate conditions of their parole/probation?
(1) Example could be 1,000 feet away from a school, daycare, school bus stop, playground. B. Should the examiner secure a written release from the appropriate PO if any conflict may occur? Just to avoid legal ramifications should the SO file a complaint. I'm just hoping to learn how to avoid an ambush by listening to the experiences of others. IP: Logged |
ebvan
Member
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posted 04-19-2009 08:19 PM
I don't think you would need any kind of special waiver. It really shouldn't be your job to find a special location. I think a copy of a written order to the S.O. from his P.O. or treatment provider telling him to report for polygraph at a specific date, time, and location should be sufficient to CYA. If you stop and think about it, How many treatment providers have offices nearby prohibited locations. Our local Probation office is within 2000 feet of 4 or 5 schools, daycare, city parks etc. Our main service provider is near at least 4. As long as S.O.s are being ordered to take a polygraph I wouldn't worry about it unless a P.O. tries to tell you you need to move and if he does, just check the location of his office in relation to no go zones. ------------------
Ex scientia veritas IP: Logged |
Taylor
Member
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posted 04-20-2009 08:51 AM
I like to administer PCSOT exams at the PO's office in their interview rooms. Then if there is a problem I just have to involve an agent. There have been numerous time when the offender is detained and their residence/computers have been searched etc. My second choice is to administer the exam at the therapist office. My business is on wheels to avoid the overhead costs and plus it has its benefits. I do agree with EBVAN about not requiring a special waiver but I would use common sense about where I conducted PCSOT exam. Also, for releasing info to the PO - In my waivers I have the following: I hereby designate my _____(PO) and my _____(TX) as my representatives to receive all information, including professional opinions gathered from my polygraph examination and authorize Quest 4 Truth LLC to release such information to that representative and none other. I also have a section in my waiver that states: I give permission to Quest 4 Truth LLC to have another polygraph examiner quality control check these records if necessary. Furthermore, I give permission to Quest 4 Truth LLC to release the contents of this examination to another licensed polygraph examiner that conducts any future polygraph examination on myself.
*I believe the second sentence is so important in the PCSOT arena. Granted I don’t have that many examiners call to confirm a past test but if necessary I am covered. Taylor IP: Logged |
BrunswickT
Member
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posted 04-20-2009 10:48 AM
Thank you both for your input.Since I do both polygraph and PI work I simply need an office. It never ceases to amaze me how people attempting to protect the public can suddenly find themselves in a legal bucket of worms, and a costly one at that. Thanks again! IP: Logged |
Barry C
Member
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posted 04-20-2009 12:38 PM
I would define what "if necessary" means. It's somewhat arbitrary, and a contract should be clear.I'd consider adding language such as "if deemed necessary by an agent of... (you or them?). In other words, who decides when it's "necessary"? Do you or does somebody else? If I failed, I'd say it's necessary. You could scrap "necessary" completely, and just say as part of a random QC review or at the discretion of the examiner - or both. IP: Logged | |
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