Wednesday, March 31, 1999
Psychologist under review
Board: He let wife administer exams
BY KAREN SAMPLES
The Cincinnati Enquirer
COVINGTON — A psychologist who has helped decide dozens of Northern Kentucky child-custody cases has been disciplined based on evidence that suggests his unlicensed wife did some of the work, state records show.
Mark Kroger has been placed on six months' probation by the state Board of Examiners of Psychology. For that period, his entire practice will be under the weekly supervision of a board-appointed psychologist. Mr. Kroger also has agreed to pay the board $2,000 to cover the cost of investigating him.
Reached by phone Tuesday night, Mr. Kroger said he thinks the board would have found him innocent of any wrongdoing if he had proceeded with a hearing. But he couldn't afford to do that, he said — emotionally or financially — so he agreed to a settlement.
Mr. Kroger's attorney, Michelle Keller, on Tuesday disputed the board's allegations and said Mr. Kroger's psychological evaluations have always been thorough and professional.
“If the board's case was that good, they wouldn't have settled it,” Ms. Keller said.
She said the board's investigation of Mr. Kroger was spurred by complaints from two people who disliked his recommendations in their custody cases.
“I think these were desperate people grasping at straws,” Ms. Keller said.
According to his settlement with the board, Mr. Kroger agreed to the probationary period in order to avoid the expense of a hearing. He did not acknowledge any wrongdoing.
The settlement states that the board “has evidence that might lead one to believe” that Mr. Kroger “aided or abetted the unlicensed practice of psychology by allowing an uncredentialed office employee to administer psychological tests ... to clients in the context of child custody evaluations.”
The office employee re ferred to in the settlement is Judy Kroger, the psychologist's wife.
For at least 12 years, Mr. Kroger has conducted custody evaluations in Boone, Kenton and Campbell counties. He said he isn't sure how many, but that he has done more than 100.
Custody evaluations are critically important to judges, because they represent an unbiased, professional assessment of people who may be embroiled in bitter disputes.
If children are involved, judges refer families to a handful of psychologists in Northern Kentucky. The parents pay for the evaluations, which range from about $500 to several thousand dollars.
The psychologists typically interview both parents, give them psychological tests, talk to the children involved and review their school records. Then they issue to the judges their recommendations regarding custody and visitation.
“It's an extensive process, and the court relies on it,” said Circuit Judge Joseph Bamberger of Boone County. He said he found the board's allegations “discouraging.” If an unqualified person administered tests that were important to the overall evaluation, “it certainly taints the evaluation,” Judge Bamberger said.
Kenton County Circuit Judge Douglas Stephens said the board's action may lead to attacks on Mr. Kroger's recommendations.
In Campbell County, one woman involved in a custody dispute already has attached the board's complaint against Mr. Kroger to a request for a new hearing and evaluation in her case.
But Campbell Circuit Judge Len Kopowski said he doubted many cases would be affected, because the tests mentioned in the complaint were a small part of Mr. Kroger's reviews.
The board complaint states that while her husband interpreted the results of tests from Judy Kroger, he did not watch parents taking them. Such observation should have been part of his work, it said.
Ms. Keller brushed aside any notion that Judy Kroger, who does not hold a license or certificate, played a significant role in the evaluations.
“Mrs. Kroger handed out a few sheets of paper, as many support staff would do,” Ms. Keller said. “She did not administer and she did not interpret psychological tests.”
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