Anonymous

Difference between revisions of "How Do I Get a Needs of the Child Assessment?"

From Clicklaw Wikibooks
From staging 2024
(From staging 2024)
 
Line 9: Line 9:
* the ability and willingness of a party to a family law dispute to satisfy the needs of a child.
* the ability and willingness of a party to a family law dispute to satisfy the needs of a child.


The professional appointed to prepare the report will usually: interview the child's parents or guardians; interview the children, depending on their age and maturity; watch each parent or guardian interacting with and parenting the children; administer personality and parenting tests to the parents; read any reports that are available about the children's medical and mental health; and, interview a few people who know the family and the children. What the professional actually does will depend on the circumstances of the family and the sort of report they have been asked to write.  
The report itself is called a ''needs of the child assessment''. You might also hear the report called a ''section 211 report''. It will provide a summary of what the professional has learned about the family, as well as the professional's opinion about what is in the best interests of the children. (Under the old ''[http://canlii.ca/t/ldg3 Family Relations Act]'', these reports were called ''section 15 reports'' or ''custody and access reports''.)


The report the professional will prepare is called a ''needs of the child assessment'', and will provide a summary of what the professional has learned about the family, as well as the professional's opinion about what is in the best interests of the children. (You might also hear these reports called ''section 211 reports''. Under the old ''[http://canlii.ca/t/ldg3 Family Relations Act]'', these reports were called ''section 15 reports'' or ''custody and access reports''.) These reports are intended to be neutral and prepared without bias. They are ''evaluative'' because the professional is providing their expert opinion about the parents or guardians, the children, and the arrangements that are best for the children.
The professional appointed to prepare the report will usually:
* interview the child's parents or guardians
* interview the children, depending on their age and maturity,
* observe each parent or guardian interacting with and parenting the children;
* administer personality and parenting tests to the parents,
* read any reports that are available about the children's medical and mental health, and
* interview a few people who know the family and the children.  
 
Needs of the child assessments are intended to be neutral and are generally done by a professional who has no previous connection with the parties. They are ''evaluative'' because the professional is providing their expert opinion about the parents or guardians, the children, and the arrangements that are best for the children.
 
What the professional does in each individual case will depend on the circumstances and the sort of report they have been asked to write. There is no fixed protocol or explicit checklist that must be followed, and the author is expected to use their education and experience when deciding what tests, interviews, or studies to conduct. These reports are not expected to be exhaustive. Whatever conclusions the author arrives at are for the purpose of helping the court decide what is in a child's best interests.


Needs of the child assessments can be very helpful in resolving a dispute about the care of children. The court <span class="noglossary">will</span> usually give a great deal of weight to the assessor's opinion and recommendations.
Needs of the child assessments can be very helpful in resolving a dispute about the care of children. The court <span class="noglossary">will</span> usually give a great deal of weight to the assessor's opinion and recommendations.
Line 21: Line 31:
===Family justice counsellor reports===
===Family justice counsellor reports===


Family justice counsellors are public employees. Their reports are free as part of the Family Justice Report Service, but they are in very high demand and there is usually a long delay. The only way to be referred to the service is by court order. Once the Family Justice Report Service receives both a copy of the court order and the referral form from the court registry, the report will be placed on a list for assignment to a family justice counsellor.
Family justice counsellors are public employees. Their reports are free as part of the Family Justice Report Service, but they are in very high demand and there is usually a long delay. The only way to be referred to the service is by court order. Once the Family Justice Report Service receives both a copy of the court order and the referral form from the court registry, the report will be placed on a list for assignment to a qualified family justice counsellor. FYou cannot pick the family justice counsellor who will prepare your report.


Not all family justice counsellors are trained to prepare needs of the child asssessments, and the delay between requesting a report to getting it done might be up to a year. You can call the Family Justice Report Service at 604-851-7059 or find a [http://www.clicklaw.bc.ca/helpmap/service/1019 Family Justice Centre] near you to learn more about the service.
Not all family justice counsellors are trained to prepare full ''needs of the child assessments'', so the delay between requesting a report to getting it done might be up to a year. You can call the Family Justice Report Service at 778-360-2052 or find a [https://www.clicklaw.bc.ca/helpmap/service/1019 Family Justice Centre] near you to learn more about the service. Typically, it takes anywhere from 5-9 months to have a report writer assigned, and this is from the time the office receives the court ordered request for a needs of the child assessment. It can take another two or three months after that for the report writer to conduct the report.


===Private reports===
===Private reports===


As an alternative, you can pay for a report to be prepared by a social worker, clinical counsellor, or psychologist. These can generally be done much faster, but they come at a higher cost. The fees for reports prepared by psychologists typically range between $5,000 and $20,000, depending on the number of children involved, where the children and the parents or guardians live, and the amount of work that needs to be done.
As an alternative, you can pay for a report to be prepared by a social worker, clinical counsellor, or psychologist. These can generally be done much faster, but they come at a higher cost. The fees for a full report prepared by a psychologist typically costs $15,000 or even $30,000, depending on the number of children involved, where the children and the parents or guardians live, and the amount of work that needs to be done (including whether the writer needs to come to court).


To find a professional to prepare a needs of the child assessment, you can:
To find a professional to prepare a needs of the child assessment, you can:
Line 33: Line 43:
* get a recommendation from your lawyer,
* get a recommendation from your lawyer,
* read through some of these cases on [http://bit.ly/s211reports CanLII] which contain the names of professionals who have prepared these reports for court, or
* read through some of these cases on [http://bit.ly/s211reports CanLII] which contain the names of professionals who have prepared these reports for court, or
* contact the [http://www.findapsychologist.ca Canadian Register of Health Service Psychologists] for a referral.
* contact the [https://www.crhsp.ca/public-profile/ Canadian Register of Health Service Psychologists] for a referral.
 
The private assessor either needs to be agreed upon by all parties or appointed by court order if the parties cannot agree.


==Arranging for the assessment==
==Arranging for the assessment==
Line 43: Line 55:
Once an assessment is ordered or agreed to, you should get in touch with the person who <span class="noglossary">will</span> be performing the assessment. The assessor <span class="noglossary">will</span> tell you what happens next, when the interviewing process <span class="noglossary">will</span> begin, and when the completed assessment <span class="noglossary">will</span> likely be ready.
Once an assessment is ordered or agreed to, you should get in touch with the person who <span class="noglossary">will</span> be performing the assessment. The assessor <span class="noglossary">will</span> tell you what happens next, when the interviewing process <span class="noglossary">will</span> begin, and when the completed assessment <span class="noglossary">will</span> likely be ready.


You can find more information about needs of the child assessments in the chapter [[Children in Family Law Matters]].  
==More information==
You can find more information about needs of the child assessments in the chapter [[Children in Family Law Matters]]. For more information about family justice counsellors and the Family Justice Report Service, contact a Family Justice Centre close to you. The Clicklaw website maintains an [https://www.clicklaw.bc.ca/helpmap/service/1019 online list of locations].  


Rise Women's Legal Centre publishes informative resources about s. 211 reports:
* See their [https://www.clicklaw.bc.ca/resource/4878 Section 211 Toolkit] for an overview of issues around requesting or responding to psychological reports under s. 211 of the ''Family Law Act''.
* See "[https://www.clicklaw.bc.ca/resource/4979 Understanding Section 211 Reports: A Guide for Women]" for very helpful information (in multiple languages) on how to prepare yourself for dealing with the section 211 report process.


{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}}
{{REVIEWED | reviewer = [[Julie Brown]], September 21, 2023}}


{{JP Boyd on Family Law Navbox|type=how}}
{{JP Boyd on Family Law Navbox|type=how}}


[[Category:How Do I?|G]]
[[Category:Helpful Guides & Common Questions|G]]
[[Category:Other Family Litigation Issues]]
[[Category:Other Family Litigation Issues]]
[[Category:JP Boyd on Family Law]]
[[Category:JP Boyd on Family Law]]


{{Creative Commons for JP Boyd}}
{{Creative Commons for JP Boyd}}