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aed) PARENTING CAPACITY ASSESSMENTS IN CHILD PROTECTION CASES oy he parenting capacity assessment is an important feature of child protection cases. Psychiatrists, psychologists, and social workers DAPA, MTAPA 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. ‘52 THE FORENSIC EXAMINER® Spring 2009 vweww.actei.com Ps and socal workers with a specialty in parenting are frequently requested to conduct parenting capacity assessments (PCA) ities, psychologist in child protection matters. The essential focus of these assessments isto determine whether or not the parents are able to safely parent the child(ten) If nox, the assessor must determine the interven- tions that might be used to assist the parents in ob- taining the requisite sills or consider whether the termination of parental rights isthe appropriate direction. This sa significant responsibilty given what is at stake for the family Family preservation isa fundamental principle of child protection legislation chroughoue North America (Wattenberg, Kelley, & Kim, 2001). US. Supreme Court Justice Ruth Bader Ginsberg wrote that the ultimate recommendation by an assessor the termination of parcnal rights—is the “destruc- tion of family bonds,” and ic isa “devastatingly adverse action” (MLB. x S.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 thir best they offer guidance, nurture, and protection, especially for their most vulnerable members children. When they cannor, and the child is at serious rsk, che law gives the state the right, in appropriate circumstances, to remove the child fiom the rest of the family for his or her own protection.” (Spl Apps Secure Tieatment Cense, 2007, p. 6) Thus, courts clearly recognize tha dsrupsion ofthe family unit may be justifiable on a temporary or permanent basis although the goal of most child protection service [CPS] interventions i to pre- serve the Family unit). The role of the state in this situation places the family and the stave at odds (Haugaard & Avery, 2002). The assessor holds a neuteal, but very influential position berween the «vo, Jamieson, Tranah, and Sheldrick (1999) hhave reported thatthe courts pay significant atten tion to the recommendations of assessors. They ‘were followed entirely in 73% of che eases they researched. The assessor represents neither side, thus playing, 4 neutral role asa consultant to the various ps ties thac include CPS, parents, legal counsel, and judges. That docs not mean chat the work ofthe assessor is not subject to careful review. The asses- sor’ report must be able to withstand the serutiny of the judicial process (Dale & Fellows, 1999), The standard typically used to assess parents is that of “good enough’ or “minimal parenting capacity.” The lack of a research-based, empiri- cally driven definition of what constitures accepe- able minimal parenting capacity isan important concern in this field (Budd, Felix, Sweet, Saul, 8 clton, 2006), Lennings (2002) points out that there is no gold standard for assessment in these matters. Nonetheless, the assessor must make clear what standards the parent is being measured against. Fortunately, there area few helpfial guide- lines (Reder, Dunean, and Lucey, 2003a; Condi 2003; Dyer, 1999; Pezzor-Pearce 8 Pearce, 2004; Polgar, 2001; Reder & Lucey, 1995; Steinhauer, 1991), Even though assessments are something of a snapshot in time, the conclusions must address the capacity ofthe parent over the long term. This is.as opposed to what the parents might be able to do in the short term, such as with st supports (Conley, 2003/2004). A short-term view would be inconsistene with the impressive body oflicerature that shows there are life-long inyplica- tions co maltreatment and negleet, the imporcant issues that typically have brought ches fails to the attention of CPS (Wartenberg etl, 2001). Regrettably, there remains. lack of consensus in the literature on what this minimal standard fully encompasses (Budd & Holdsworth, 1996) To be sure itis nor about expecting parents to meet optimal standards of parenting (Bent, Aza, & Kuersten-Hogan, 2003). Ie is worth noting that each family possesses an in of acceptable parenting with which they operate (Woodeock, 2003) and thae the assessor should Luneover during the assessment. The literature offes some guidance on the fea cures of acceptable parenting that include a posi ive emotional expression by che parent othe chile as well as having a child-centered approach to the relationship berween them. Parents aso need to provide routines, predictability, safery. and ap te boundaries (Hurley, Chiodo, Leschied, Mitchead, 2003), These are useful factors to consider, bur it is nor cleat whether they can be r- lied upon across a variety of culural, community or professional standards. They at least pro starting point. The assesment should be designed to determine ifthe parent, in respect of the child (oF children, «an provide safe, stable, predictable environment ‘that will support the child in both physical and psychological development (Steinhauer, 1991). As Duyer (1997) has stated, a child’ rights “should include. claim on the es of society co ensue that persons who enjoy the privilege of acting as their parents carry our their ole in a manner thats com sistent with the children's interests” (p. 166). {may well be possible that a parent can success fally pa ‘of another child ate beyond that paren’s capacity Parenting is relationship that exiss between the al definition nr one child, buc the nature or demands ee ered IT ered ee The National Resource Center for Child Protective Services (NRCCPS) is operated by ACTION for Child Protection, Inc. ACTION, a private non- profit organization, and its consultants have been provid- ing consulttion, training, and technical assistance to child welare agencies since 1985. ACTION has been a part of the Children’s Bureau Training and Technical Assistance Network for more than « de- cade, The NRCCPS staff of CPS ex- perts can assist individuals by * Strengthening Programs to Improve Outcomes Helping states oddress the eligibility require: ments for the CAPTA State grant, including the recent requirements resulting from the 2006 teauthorization Providing support to the Children’s Bureau's State liaison Officers (SLOs) through needs assess- ments, teleconferences, training, and_ publishing an SLO Newsletter Teaming with network Partners to provide on- site training and techni- cal assistance to Stotes, Tribes, ond public child welfare agencies in the preparation and imple- mentation of the Child ‘and Family Services Re- view (CFSR) process lnfceeton eeved om hip ew cpeorg/ebou espe ne (800) 592-1999 Spring 2009 THE FORENSIC EXAMINER® 53 Cree BELSKY/VONDRA (1989) Ro eare er ‘STEINHAUER (1991) 3 Domains A Focuses 9 Guidelines REDER/LUCEY (1995/2003) 1995-5 Themes 2003—3 Themes AZAR, LAURETT & __L0DING 11998) 4 Categories 1. Contributions: of the porent + Paychoogical dlseurbances 2. Contribution of the child + Premature + Temperament * Special needs 3. Contextual sources of stress and support ‘cighborhood + Close relationships + Marital reationship + Social nework A. Focus on the context Current stressors 1995 B. Focus on the child Child's developmental progress ent relationship Attochment stots Observations of eur rent patenting ability Focus on the parent Impulse control Porental acceptonce of responsibilty Behaviours offecting parent ing ability ond capacity Pacent’s manner of e- lating to society Parent's use of clin cal interventions 2003 Porentchild ‘wo people (Woodcock, 2003), and each rclation- ship is unique and exiss overtime. This creates the consideration of the goodness of fir that exists be- ‘eween these wo people (Avar, Lauretti, & Ladin, 1998). The assessment must consider the relatos ship beeween the parcat and each child and that childs specific needs (Pezzot-Pearce and Pearce, 2004) leis | thar assessors be well acquainted with legislation in the jurisdiction in which they are com clcting the assessment. There is no value in making recommendations that are nor consistent with the legislative framework, for to do so isto minimize the value ofthe assessment, if noc co nullify it. The solutions proposed must be achievable within the legislation, | Generally speaking, child protection assessments [ate very comples and involve a multitude of inter Parent's relationship to the role of parenting Parent’ relationship to the child Family influences Parent's interaction with the externol world Potential for chonge relationship Chile-parent relationship Fomily context interaction Parent information Familial history History of child protection Personal background Prychological hunetioning Parenting functioning Social functioning Chil information Develop history Current needs Reactions to visits Impact of abuse/neglect Porentchld bond Observations during visits Fit Risk prediction Systemic Issues Compliance Progress Visitation consistency Interactions with pro: fessionals, e within a acting dynamics. These families opera complex ecological system thae includes not only the direce capacity of the parent but also che func- tioning of the whole family system, Environmental faccors, including the community in which the fam ily functions, and the child’ specific developmental rnceds are part of the overall picture (Gray, 2001), Thus, consideration will need to be given to the family history, the personal history of the parent economic and social connections, the capacity of the parent to provide a healthy attachment environ ment, and potential allied problem such as medi cal, mental health, or addietion concerns. Attention ‘must aso be given to the cultural issues specific to the particular family being assessed (D’Avanzo and Geissler, 2003: Azar et al., 1998). As can be seen, issues cannor be asseseed ina vacuum bu as parts of an interlocking environmental system, |54 THE FORENSIC EXAMINER® Spring 2009 vworw.actei.com POIGAR (2001) PEZZOTPEARCE & PEARCE (2004) 4 Cotegeries of Analysis Atachment exper lence of the parent Parenting Criteria ofa good parent Social support nework | Functional Evidencebased ex: pectations for ocquir ing ond applying por centing copobilies Standard Reder, Duncan, and Lucey (2003b), in their revised framework to guide assessment ‘of parenting, focus on thie broad areas: 1) parent and parent-child relationship (in

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