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Child and Family Services Act

ONTARIO REGULATION 25/07

COURT ORDERED ASSESSMENTS

Consolidation Period: From February 28, 2007 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Definition

1. In this Regulation,

“assessor” means the person performing an assessment. O. Reg. 25/07, s. 1.

Criteria for ordering an assessment

2. An assessment may be ordered under section 54 of the Act, if the court is satisfied that,

(a) an assessment of one or more of the persons specified in subsection 54 (1) of the Act is necessary for the court to make a determination under Part III of the Act; and

(b) the evidence sought from an assessment is not otherwise available to the court. O. Reg. 25/07, s. 2.

Timing of assessment

3. (1) A court may order an assessment under section 54 of the Act if the criteria set out in section 2 are satisfied and,

(a) the court has received evidence, held a temporary care and custody hearing and made an order pursuant to subsection 51 (2) of the Act;

(b) the court has made a finding that a child is in need of protection pursuant to subsection 37 (2) of the Act; or

(c) all parties to the proceeding consent to the order being made. O. Reg. 25/07, s. 3 (1).

(2) An order under clause (1) (c) may be made at any time during the proceeding. O. Reg. 25/07, s. 3 (2).

Contents of assessment order

4. (1) In an assessment order, the court shall include the following:

1. The reason the assessment is necessary.

2. The specific questions that are to be addressed by the assessor.

3. What questions, if any, specifically require recommendations.

4. The time period for completing and filing the assessment report. O. Reg. 25/07, s. 4 (1).

(2) Without limiting the generality of the questions that are to be addressed by the assessor under paragraph 2 of subsection (1), the court may order that the assessor assess some or all of the following:

1. The parenting capabilities of the proposed participants in the child’s plan of care, including those attributes, skills and abilities most relevant to the child protection concerns.

2. Whether the proposed participants in the child’s plan of care have any psychiatric, psychological or other disorder or condition which may impact upon his or her ability to care for the child.

3. The nature of the child’s attachment to a proposed participant in the child’s plan of care and the possible effects on the child of continuing or severing that relationship.

4. The psychological functioning and developmental needs of the child, including any vulnerabilities and special needs.

5. The current and potential abilities of the proposed participants in the child’s plan of care to meet the needs of the child, including an evaluation of the relationship between the child and the proposed participants in the child’s plan of care.

6. The need for and likelihood of success of clinical interventions for observed problems. O. Reg. 25/07, s. 4 (2).

Form of assessment report

5. Without limiting the generality of the contents of an assessment report, every assessment report shall include the following:

1. A resume of the assessor outlining,

i. the assessor’s academic and professional qualifications and credentials, including any publications relevant to the questions being addressed, and

ii. information regarding the type and number of assessments previously conducted by the assessor.

2. A schedule setting out,

i. a summary of the instructions received, whether written or oral,

ii. a list of the questions upon which an opinion is sought, and

iii. a list of the materials provided and considered.

3. A schedule setting out the methodology used in carrying out the assessment, including the interviews, observations, measurements, examinations and tests, and whether or not they were conducted or carried out under the assessor’s supervision.

4. The reasons and factual basis for any conclusions drawn by the assessor.

5. A direct response to the questions presented to the assessor in the assessment order, or an explanation of why these questions could not be addressed.

6. Recommendations where these were required of the assessor, or an explanation of why recommendations could not be made. O. Reg. 25/07, s. 5.

Transition

6. This Regulation applies with respect to assessments ordered by a court pursuant to section 54 of the Act on and after the day this Regulation comes into force. O. Reg. 25/07, s. 6.

7. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 25/07, s. 7.

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