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.comPs 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® 53Cree
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.comPOIGAR
(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