Legal Definitions - risk assessment

In family law, a risk assessment is a structured process used to evaluate the potential for a child to experience harm or neglect from a specific individual, most often a parent or guardian. Its primary purpose is to identify and measure the likelihood of future danger to the child, informing critical decisions about their safety and well-being.

• Example 1: Child Custody Dispute

  During a contentious divorce, one parent alleges that the other parent has a history of unmanaged anger issues and has previously been verbally abusive towards the child. The court, concerned about the child's emotional safety, might order a risk assessment.

  This illustrates a risk assessment because the process would involve interviews with the child, parents, and potentially teachers or therapists, along with a review of any relevant records. The goal is to determine the likelihood of the child experiencing emotional or psychological harm if placed in the primary care of the parent with alleged anger issues, thereby helping the judge make an informed custody decision.

• Example 2: Parental Reunification After Foster Care

  A child was temporarily placed in foster care because their parents were struggling with housing instability and lacked consistent employment, leading to neglect. After several months, the parents have secured stable housing, maintained steady jobs, and completed parenting skills courses.

  This illustrates a risk assessment because before the child can be permanently returned to the parents' care, a new risk assessment would be conducted. This evaluation would assess whether the changes made by the parents have sufficiently reduced the risk of future neglect or harm to the child, ensuring their safety and stability upon reunification.

• Example 3: Adoption by a Relative

  Following the tragic death of both parents, an aunt and uncle express their desire to adopt their niece. While they are loving relatives, the court needs to ensure the child's long-term safety and well-being in their home.

  This illustrates a risk assessment because the court would typically require an assessment of the aunt and uncle's home environment, their financial stability, their physical and mental health, and any relevant background checks. This process helps to identify any potential risks that could impact the child's safety or development under their guardianship, ensuring the proposed adoption is in the child's best interest.