The Psychiatrist's Role in Child Protection Proceedings

• Author: Harriet MacMillan and R. John Harper
• Pages: 1237-1245

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CHAPTER 57

The Psychiatrist’s Role in

Child Protection Proceedings

Harriet MacMillan and R. John Harper

I. INTRODUCTION

Increasingly, psychiatrists are becoming involved in judicial proceedings when there is concern that a

child may be in need of protection. ey may become involved as individual practitioners, or as mem-

bers of a clinical or forensic team. is increase is likely the result of a combination of factors, including

the growing awareness of psychological impairment associated with child abuse and neglect (referred

to as child maltreatment in the psychological literature), as well as a greater emphasis in most western

countries on state intervention to ensure the rights of the child.

Although considerable variation exists in child protection proceedings between jurisdictions, such

proceedings generally involve a social service agency (hereaer referred to as a child protection agency)

and one or more members of the child’s family, typically the parent(s).

is chapter summarizes the basic principles that apply to the involvement of psychiatrists in child

protection cases, and outlines approaches to the assessment of children, parents, and families involved

with the child welfare system.

A. Key Concepts

i. Child in need of protection

e legislation in each jurisdiction in Canada, as in many other western countries, denes a “child in

need of protection” or a comparable term (Federal-Provincial Working Group on Child and Family

Services Information, 1994). Such denitions provide the legal basis for intervention by the government

when a child’s welfare may be at risk. e concept “child in need of protection” typically includes a child

who has or is suering physical or sexual abuse, neglect, or abandonment or there is a risk that the child

will suer such abuse, neglect, or abandonment.

ii. Best interests of the child

e primary purpose of most child protection legislation in Canada and the United States is the best

interest, protection, and well-being of children. Other purposes are also enumerated in many child pro-

tection statutes. ey include the consideration of whether the child is able to remain in the care of the

family. However, the best interest, protection, and well-being of the child are the foundation of the legis-

lative framework.