Family Court Assessment Program ("FCAP")

Are you a Master level Social Worker or Psychologist with a passion for justice? We are looking for applicants to help complete assessments for family justice matters. Click here for more info:  Family Court Assessors - Job Post

 

Judges of the court may order that an assessment be completed in exceptional circumstances if parties have children and professional information is needed to help the judge decide what kind of parenting arrangements will be in the child’s best interests. Assessments are carried out by trained professionals working within the Family Court Assessment Program, or by a contracted assessor via a program-managed roster. Contracted assessors may be court-appointed or assigned within the program.

The professional assessor will be asked to prepare a detailed written report and may make recommendations about parenting arrangements and/or other steps that might need to be taken by parents that will benefit the child.

There are different types of assessments. The type of assessment ordered will depend on the facts of the case and the needs of the parties and the child. Some assessments may be a combination of the various types explained below. A lawyer can help you decide what might be appropriate for your case.

Voice of the Child Reports (VOC):

Purpose:  To capture and present the child's own view and preferences, worries or concerns, perceptions and experiences regarding parenting arrangements, and to ensure that the child's voice is heard in legal proceedings that affect them. 

A VOC report conveys the child’s views and preferences directly to the court. It helps understand how the child feels about their current situation and any proposed changes. The process focuses solely on the child's perspective and experience. A VOC does not typically provide an evaluative opinion or recommendations from the assessor, or the perspective of the parents, as input from caregivers is not a part of the process; however, the assessor may provide recommendations if deemed appropriate, and provide impressions related to maturity of the child as it relates to their expressed views, as well as potential coaching and influence. A VOC does not speak to decision-making as this is not asked of children; it also does not typically involve a review of legal documents or collateral contacts as part of the process, unless otherwise directed by the court.

Parenting Assessments: 

  • Children's Needs Assessment (CNA):

    Purpose:  To assess the child's overall needs and well-being, and to provide recommendations on how to best meet those needs, particularly in the context of decision making and parenting time arrangments.

    A CNA provides the court with a detailed report that outlines the child’s needs (developmental/physical/emotional/ psychological/ educational/ medical/ social/cultural/spiritual), including the need for safety and stability, and provides recommendations for meeting those needs. It may include suggestions for decision-making and parenting time arrangements, therapeutic interventions, educational support, and other necessary services or supports. It helps the court understand what arrangements are in the child’s best interests, beyond just their expressed views and preferences. The process involves interviews with the child, parent(s), parent/child observations, home observation, as well as important collaterals in the child’s life.

    *** Children’s views, preferences, and concerns are canvassed in a manner appropriate to their developmental age.  

  • Parenting Plan Evaluation (PPE): 

    Purpose:  To propose a parenting plan that serves the best interests of the child(ren) involved, which includes recommendations regarding decision making and parenting time arrangments. 

    A PPE is a comprehensive report that is often primarily comparative between parents and outlines a specific parenting plan, including schedules for parenting time, decision-making responsibilities, and/or recommendations for any specific needs (e.g., therapy, educational support). A PPE focuses on (a) the dynamics between parents and their children, (b) considers the child's needs, views and preferences (when appropriate), and (c) evaluates each parent's ability to meet the child's needs in consideration of their respective proposed plan. A PPE considers the best parenting time arrangement and decision-making responsibility for the child. The process involves interviews with the parents, child(ren), parent/child observations, home observation, as well as important collaterals.

    *** Children’s views, preferences, and concerns are canvassed in a manner appropriate to their developmental ages.  

  • Parental Capacity Assessment (with or without psych testing component - PCA-P/PCA): 

    Purpose:  To assess a parent's ability to provide adequate care for their children. 

    A Parental Capacity Assessment provides the court with a detailed report that includes findings on the parent's capacity to meet their child’s needs, potential risk factors, and recommendations for interventions or supports that might enhance capacity. The report evaluates the overall parenting abilities and potential risk factors and assesses both the strengths and limitations of a parent's capacity to care for their child(ren), as well as prognosis for improvements. Steps involved in this type of assessment include interviews with each parent, the child(ren), parent/child observation, home observation, collateral contacts, and often includes a review of relevant records. This type of assessment may be ordered on one or both parents, however, it is essential to the process for a non-assessed parent to participate to allow for a comprehensive evaluation.

    *** Children’s views, preferences, and concerns are canvassed in a manner appropriate to their developmental ages.  

    There are two options for Parental Capacity Assessment:

    (a)  Parental Capacity Assessment *without psychological testing component (PCA)

    A PCA without psychological testing may be requested when the primary concerns are specific and behavioral rather than psychological, such as concerns about parenting skills, knowledge of child development, or specific instances of neglect or discipline practices.   A PCA without psychological testing relies more heavily on observational data, interviews, and collateral information to form a comprehensive understanding of the parent's capacity to meet their child's needs. 

    (b)  Parental Capacity Assessment *with psychological testing component (PCA-P)

    A PCA-P may be necessary when there is a need for an assessment regarding a parent’s cognitive abilities, personality traits, and mental health status. 

Assessment TypeMain Focus /LensMain QuestionPrimary Use

Children’s Needs Assessment (CNA)

 

 

Child’s functioning

 

(Evaluates the child’s developmental/physical/emotional/ psychological/ educational/ medical/ social needs/cultural/spiritual needs; need for stability and safety/ primary caregiver relationships; stressors affecting the child; what supports, routines, therapies, or parenting structures best meet the child’s specific needs)

 

*Emphasis is not on which parent’s plan is best, or whether one parent lacks capacity

“What does this child need?”

 

“What arrangements would best support this particular child’s functioning and wellbeing?”

 

 

Most often ordered when…

  •  the main issue is the child’s therapeutic/developmental needs 
  • both parents are generally adequate caregivers
  • the dispute is about how to structure parenting around the child’s needs
  • the court seeks therapeutic or developmental guidance more than clinical findings
  • there is no meaningful dispute about parental fitness/ability

Parenting Plan Evaluation (PPE)

 

Parenting arrangement and family system

 

*Primarily comparative between parents

“What parenting schedule best serves the child?”

 

Includes a comparative parenting analysis, comparative and specific parenting schedule  recommendations, risk assessment, best interest recommendations.

Most often used when…

  • there is high conflict parenting disputes/litigation
  • competing claims for primary care
  • allegations of alienation, family violence, abuse/neglect, coercive control, substance use, chronic conflict (that doesn’t rise to the level of capacity)
  • concerns about one parent undermining the other relationship

Parental Capacity Assessment 

(PCA / PCA-P)

 

One (or both) parent’s functioning

 

 

“Is this parent capable of safely and adequately parenting?”

 

“Can the parent(s) safely parent, under what conditions, with what supports, and what prognosis exists for improvements?”

 

Most often used when…

  • there is serious concern one (or both) parent(s) may be unable to safely parent
  • safety concerns may include untreated mental health, brain injury, cognitive impairment, substance misuse, abuse/neglect, family violence/coercive control, inability to maintain housing or basic needs.

In most cases, one of the parties will need to file a Notice of Motion requesting that an assessment be carried out. A judge may also order an assessment if they believe it to be necessary, even if the parents do not ask for it.

The parties may have to pay a fee for the assessment, depending on how much money they earn. The fees are based on a sliding scale and the type of assessment being completed. The total fees that may be paid by all parties (and the Department of Justice) range from $2000 to $8000. The fees may be less if it is a Voice of the Child Report assessment only.

For further information about the Family Court Assessment Program, contact a court officer or a lawyer nearest you.

Was this page helpful?