BEST INTERESTS OF THE CHILD / 552

The concept of the ‘best interests of the child’ is a universal theme expressed in a variety of international and Canadian instruments of law and practice. But is it anything more than a theme? Does it actually have content? I am not certain that it does. It is cited with conviction in child protection care proceedings and custody battles but why? Such cases are never decided on the basis of that theme but rather the specific facts of the case. The concept of “best interests” is a part of the rhetoric of child protection agencies.

The deficit is that the modifier “best’ is not defined, in fact perhaps indefinable. Even the touted United National Committee on the Rights of a Child has not taken a position to define the term with precision. Without a definition, “best interests” has no constraints, and then while the trumpeted term sounds politically and morally correct, it can lead to wrong impressions, inaccurate assessments and unjust decisions.

DR. BOWDEN AND WHAT PEOPLE SAY / 515

Unidentified mom and child

Parenting Capacity Assessment (PCA) PCA’s are conducted for the purpose of identifying the functional parenting ability of a potential caregiver or active caregiver. PCA’s also identify parenting limitations and possible remediation that may assist an individual in acquiring the skills necessary for effective parenting. PCA’s are usually conducted under Court Order or in respect to child welfare concerns.

You already know that Paul and Zabeth Bayne are engaged with Dr. Conrad Bowden in a Parental Capacity Assessment. I wrote a small bit about this earlier and have been impressed with material produced by Dr. Bowden. Candidly I wonder how the Baynes will find this experience to be.

PROJECT PARENT - THE BAYNES LAST CHANCE / 512

Project Parent logo/ Family Services

Paul and Zabeth Bayne indicated some weeks ago their agreement to participate in Project Parent. This is an integral facet of the parental betterment and assessment being done by the Ministry of Children and Family Development on these parents. Project Parent is an intensive eight month program for parents of young children. The Ministry will often refer to Project Parent, a family that it considers “at risk.' The Baynes will certainly be one of these.

Parenting Capacity Assessment (PCA) / 507

His Honour rejected the SBS theory but in making his ruling he also spurned the natural judgement to return the children to their parents. Many of you have felt that this conclusion defied logic, because he ruled to continue the government care of all three children without supportive evidence. He had just thrown it out.

Okay, so make the best of it. It is ostensibly three more months of care. Zabeth and Paul must show themselves clean, concerned, cooperative, capable and they have three months in which to do that and this is precisely the type of case for which the Ministry requests a Parenting Capacity Assessment (PCA). PCA's are medico-legal reports and most PCA’s do not end up in court, but result in a plan of action agreed upon by both parties yet nevertheless they are prepared with the expectation that they may be examined in a court of law.

Week's End Status Report / 504

A call from Case Worker Matthew Walker this week informed Zabeth and Paul that not only will the Saturday six hour visits with the children be in the Bayne home, as ordered by the court in 2010, but also the Baynes now have been given the option of having Wednesday three hour visits in their home as well rather than in the community. Furthermore, yesterday, Mr. Walker told the Baynes that if and when they opt for their Wednesday visits to be held in their home, then Josiah may be included rather than having his access visit at a different time that day as it has been. There is more good news.