Post by Jim on Mar 13, 2009 6:38:55 GMT -5
Parenting Capacity Assessment in Child Protection Cases
By Peter W. Choate, MSW, RSW, DABFE, DABFSW, DAPA, MTAPA
The parenting capacity assessment is an important feature of child protection cases. Psychiatrists, psychologists, and social workers with an expertise in parenting typically complete these reports. The process used for assessment must be rigorous, thorough, and defensible. This article reviews the theoretical underpinnings and the major elements that go into a competent forensic assessment in these matters. Psychiatrists, psychologists, and social workers with a specialty in parenting are frequently requested to conduct parenting capacity assessments (PCA) in child protection matters. The essential focus of these assessments is to determine whether or not the parents are able to safely parent the child(ren). If not, the assessor must determine the interventions that might be used to assist the parents in obtaining the requisite skills or consider whether the termination of parental rights is the appropriate direction. This is a significant responsibility given what is at stake for the family.
Family preservation is a fundamental principle of child protection legislation throughout North America (Wattenberg, Kelley, & Kim, 2001). U.S. Supreme Court Justice Ruth Bader Ginsberg wrote that the ultimate recommendation by an assessor the termination of parental rights is the "destruction of family bonds," and it is a "devastatingly adverse action" (M.L.B. v. S.L.J., 1996 as cited in Wattenberg, Kelley and Kim, 2001, p. 406). In Canada, Justice Abella of the Supreme Court of Canada wrote:
"Families are the core social unit. At their best, they offer guidance, nurture, and protection, especially for their most vulnerable members children. When they cannot, and the child is at serious risk, the law gives the state the right, in appropriate circumstances, to remove the child from the rest of the family for his or her own protection." (Syl Apps Secure Treatment Centre, 2007, p. 6)
Thus, courts clearly recognize that disruption of the family unit may be justifiable on a temporary or permanent basis (although the goal of most child protection service [CPS] interventions is to preserve the family unit). The role of the state in this situation places the family and the state at odds (Haugaard & Avery, 2002). The assessor holds a neutral, but very influential, position between the two. Jamieson, Tranah, and Sheldrick (1999) have reported that the courts pay significant attention to the recommendations of assessors. They were followed entirely in 73% of the cases they researched.
The assessor represents neither side, thus playing a neutral role as a consultant to the various parties that include CPS, parents, legal counsel, and judges. That does not mean that the work of the assessor is not subject to careful review. The assessor’s report must be able to withstand the scrutiny of the judicial process (Dale & Fellows, 1999).
Read the full article:
www.theforensicexaminer.com/archive/spring09/8/
By Peter W. Choate, MSW, RSW, DABFE, DABFSW, DAPA, MTAPA
The parenting capacity assessment is an important feature of child protection cases. Psychiatrists, psychologists, and social workers with an expertise in parenting typically complete these reports. The process used for assessment must be rigorous, thorough, and defensible. This article reviews the theoretical underpinnings and the major elements that go into a competent forensic assessment in these matters. Psychiatrists, psychologists, and social workers with a specialty in parenting are frequently requested to conduct parenting capacity assessments (PCA) in child protection matters. The essential focus of these assessments is to determine whether or not the parents are able to safely parent the child(ren). If not, the assessor must determine the interventions that might be used to assist the parents in obtaining the requisite skills or consider whether the termination of parental rights is the appropriate direction. This is a significant responsibility given what is at stake for the family.
Family preservation is a fundamental principle of child protection legislation throughout North America (Wattenberg, Kelley, & Kim, 2001). U.S. Supreme Court Justice Ruth Bader Ginsberg wrote that the ultimate recommendation by an assessor the termination of parental rights is the "destruction of family bonds," and it is a "devastatingly adverse action" (M.L.B. v. S.L.J., 1996 as cited in Wattenberg, Kelley and Kim, 2001, p. 406). In Canada, Justice Abella of the Supreme Court of Canada wrote:
"Families are the core social unit. At their best, they offer guidance, nurture, and protection, especially for their most vulnerable members children. When they cannot, and the child is at serious risk, the law gives the state the right, in appropriate circumstances, to remove the child from the rest of the family for his or her own protection." (Syl Apps Secure Treatment Centre, 2007, p. 6)
Thus, courts clearly recognize that disruption of the family unit may be justifiable on a temporary or permanent basis (although the goal of most child protection service [CPS] interventions is to preserve the family unit). The role of the state in this situation places the family and the state at odds (Haugaard & Avery, 2002). The assessor holds a neutral, but very influential, position between the two. Jamieson, Tranah, and Sheldrick (1999) have reported that the courts pay significant attention to the recommendations of assessors. They were followed entirely in 73% of the cases they researched.
The assessor represents neither side, thus playing a neutral role as a consultant to the various parties that include CPS, parents, legal counsel, and judges. That does not mean that the work of the assessor is not subject to careful review. The assessor’s report must be able to withstand the scrutiny of the judicial process (Dale & Fellows, 1999).
Read the full article:
www.theforensicexaminer.com/archive/spring09/8/
This is a very informative article and worth the read! Although I find some of it a bunch of hogwash when it comes to CPS and there qualifications to be involved in many of these cases.
