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

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==Needs of the child assessments==
==Needs of the child assessments==


Where decisions about children are concerned, the question for parents and courts is "What is in the best interests of the child?" Obviously, disagreements can arise around what's ''best'' when it comes to guardianship, parenting arrangements, or who has contact with a child. Section 37(2) of the ''[[Family Law act]]'' contains more specifics about the factors this consideration involves. In some cases, a neutral third party is needed to provide objectivity. Under s. 211, the court can appoint a person to <span class="noglossary">assess</span> one or more of:
Under s. 37(1) of the ''[[Family Law Act]]'', when the court or the parties are making orders or agreements about guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only. Disagreements often arise around what's ''best'' when it comes to these decisions. In some cases, it can help to get the opinion of a neutral third party. Under s. 211 of the act, the court can appoint a person, typically a psychologist, clinical counsellor or social worker, to <span class="noglossary">assess</span> one or more of:


# the needs of a child in relation to a family law dispute,
# the needs of a child in relation to a family law dispute,
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# 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.


Reports of the first kind are called ''needs of the child assessments''. You might also hear them called ''section 211 reports''. Under the old ''Family Relations Act'' the equivalent reports were called ''section 15 reports'' or ''custody and access reports''. These reports are intended to be neutral and prepared without bias. They can be very helpful in resolving a dispute about the care of children. A court <span class="noglossary">will</span> usually give a great deal of weight to the assessor's opinion and recommendations.  
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 he or she has been asked to write.
 
The report the professional will prepare is called a ''needs of the child assessments'', 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 his or her expert opinion about the parents or guardians, the children and the arrangements that are best for the children.
 
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.  


==Picking the assessor==
==Picking the assessor==
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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 family justice counsellor.


Not all family justice counsellors are trained to prepare needs of the child asssessments, and the delay from 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 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.


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


A common alternative is private reports prepared by qualified psychologists. These can generally be done much faster, but they come at a high cost. The fees for reports prepared by psychologists typically range between $8,000 and $16,000, depending on the number of children involved, 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 workers, 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 $16,000, 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.


For private reports:
To find a professional to prepare a needs of the child assessment, you can:
* If you have a counsellor, ask for a referral,
* ask for a referral from a psychologist or counsellor you know,
* If you have access to a lawyer, ask them to recommend someone, or
* get a recommendation from your lawyer,
* Search for and read through cases from BC courts to see whose reports have been used in court (here is a link to some search results using the CanLII website: http://bit.ly/2v1Hts2).
* read through British Columbia court cases on the [http://www.canlii.org/en/bc/ CanLII website] to get the names of professionals who prepare these reports, or
* contact the [http://collegeofpsychologists.bc.ca BC College of Psychologists] for a referral.


==Arranging for the assessment==
==Arranging for the assessment==


The parties can agree that a needs of the child assessment <span class="noglossary">will</span> be prepared, and agree who should do the assessment, but if they can't agree, an application can be made to court for an order that an assessment be prepared. If you have to apply to court for such an order, make sure that you do your homework beforehand. You want to be able to tell the judge who you think should prepare the report, the anticipated costs involved, and the availability of the report writer. The order <span class="noglossary">will</span> usually specify who is being retained to prepare the report. The order can also specify how the report <span class="noglossary">will</span> be paid for.
The parties can agree that a needs of the child assessment <span class="noglossary">will</span> be prepared. They then need to pick someone to prepare it.
 
If they can't agree, either party can apply to court for an order that an assessment be prepared. If you have to apply to court for such an order, make sure that you do your homework before going to court so that you can tell the judge what kind of assessment you want, who you think should prepare it, how much the cost will be and when it can be completed. The order <span class="noglossary">will</span> usually specify who is being retained to prepare the assessment as well as how the assessment <span class="noglossary">will</span> be paid for.


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.

Revision as of 15:48, 9 August 2017

Needs of the child assessments[edit]

Under s. 37(1) of the Family Law Act, when the court or the parties are making orders or agreements about guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only. Disagreements often arise around what's best when it comes to these decisions. In some cases, it can help to get the opinion of a neutral third party. Under s. 211 of the act, the court can appoint a person, typically a psychologist, clinical counsellor or social worker, to assess one or more of:

  1. the needs of a child in relation to a family law dispute,
  2. the views of a child in relation to a family law dispute, or
  3. 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 he or she has been asked to write.

The report the professional will prepare is called a needs of the child assessments, 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 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 his or her expert opinion about the parents or guardians, the children and the arrangements that are best for the children.

Needs of the child assessments can be very helpful in resolving a dispute about the care of children. The court will usually give a great deal of weight to the assessor's opinion and recommendations.

Picking the assessor[edit]

Needs of the child assessments are routinely prepared by family justice counsellors, social workers, registered clinical counsellors, and psychologists.

Family justice counsellor reports[edit]

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.

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 Family Justice Centre near you to learn more about the service.

Private reports[edit]

As an alternative, you can pay for a report to be prepared by a social workers, 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 $16,000, 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.

To find a professional to prepare a needs of the child assessment, you can:

  • ask for a referral from a psychologist or counsellor you know,
  • get a recommendation from your lawyer,
  • read through British Columbia court cases on the CanLII website to get the names of professionals who prepare these reports, or
  • contact the BC College of Psychologists for a referral.

Arranging for the assessment[edit]

The parties can agree that a needs of the child assessment will be prepared. They then need to pick someone to prepare it.

If they can't agree, either party can apply to court for an order that an assessment be prepared. If you have to apply to court for such an order, make sure that you do your homework before going to court so that you can tell the judge what kind of assessment you want, who you think should prepare it, how much the cost will be and when it can be completed. The order will usually specify who is being retained to prepare the assessment as well as how the assessment will be paid for.

Once an assessment is ordered or agreed to, you should get in touch with the person who will be performing the assessment. The assessor will tell you what happens next, when the interviewing process will begin, and when the completed assessment will likely be ready.

You can find more information about needs of the child assessments in the chapter Children in Family Law Matters.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Inga Phillips, July 14, 2017.


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