Undeniable Harms: Expert Evidence, Parental Capacity, and Cultural Bias in Child Protection Cases
Section 37(2) of the Child and Family Services Act (the “CFSA”) provides that, “in order to determine the best interests of the child, the judge or master may direct an investigation” into the matter. In child protection cases, where a Child and Family Services (“CFS”) agency seeks to establish a permanent order of guardianship over a child, the investigation will take the form of a parental capacity assessment. Parental capacity assessments (“PCAs”) are a form of expert evid
