Child Interview and
Report/s Agreement

 

Date:


Between:


- and -

 

 

&

Riverdale Mediation Ltd. (Riverdale)

 

 

A.

The parents or Guardians wish to have the views of the child(ren) named below heard:


B.

The interviewer is a neutral and impartial professional who has been trained to conduct non-evaluative child interviews and prepare non-evaluative Reports about those interviews.

C.

Each parent or guardian represents, by signing this Agreement, that they are committed to hearing their child/ren’s voice and are able to separate their own wishes, and their views of the other parent, from the voice of their child/ren.

 

THEREFORE WE AGREE THAT:

  1. The interviewer will listen to the views of the child/ren, as expressed by the child/ren, to assist the parents/guardians and mediator, parenting coordinator, arbitrator or court, as the case may be, to make decisions about the child/ren.

  2. The role of the Interviewer is to report on the responses of the Child(ren) to questions regarding their parenting arrangements and other related matters. The Interviewer does not analyze or evaluate the responses of a Child(ren) nor does the Interviewer make any recommendations based on those responses.

  3. The Child(ren)’s participation is voluntary and the Child(ren) will not be forced to share their views.

  4. The views of the child/ren will be included in an oral and/or written Child’s Voice report.

  5. The Interviewer will only include in the Report what the Child(ren) agrees to share.

  6. The timing of the release of the report is at the discretion of the Interviewer.

  7. If the Child(ren) disclose(s) information during the interview that indicates the Child(ren) is/are in need of protection as set out in section 125 of the Child, Youth and Family Services Act (attached as Schedule A), then the Interviewer must immediately report this to a Children’s Aid Society.

  8. Subject to paragraph 5, the Interviewer is at liberty to share the Child(ren)'s views with:
    • (i) any of the parents or guardians;

    • (ii) a lawyer for any of the parents or guardians;

    • (iii) the Court, mediator, arbitrator or parenting coordinator as appropriate;
    • (iv) a lawyer for a child;

    • (v) any other person agreed to by the parents or guardians and the Child(ren); or

    • (vi) authorized users for research and evaluation purposes, (only aggregate non-identifying information)

  9. The Child(ren) will be informed, by the parents or guardians, about the interview.

  10. The parents or guardians will not coach, influence or tell the Child(ren) what to say during the interview.

  11. The Child(ren) will not be pressed for details after the interview or after the Report has been provided.

  12. The Child(ren) are not to be rewarded or suffer any negative consequences as a result of the Report.

  13. The parents or guardians will cooperate in the transportation of the Child(ren) to and from the interview.

  14. If the Interviewer is unable to meet with the Child(ren) in person, the parents or guardians will ensure that the Child(ren) is/are able to speak with the Interviewer, either by telephone or video conferencing, in private.

  15. If video conferencing is used, the parents or guardians will ensure, prior to each interview, that the equipment is in working order and that the each of the Child(ren) is/are prepared and comfortable using the equipment. In addition, the parents or guardians agree not to record the interview.

  16. The interviewer will be paid at the time they are retained. The fee is that set out on the Riverdale Mediation Fee Schedule for the relevant professional and for this service. There is a separate fee for each child interviewed.

  17. The parents or guardians have the right to terminate the Interviewer’s services, upon written notice to the Interviewer. If the parents or guardians terminate the Interviewer’s services, they shall pay the Interviewer’s fees and expenses up to the date of termination of those services. Upon the Interviewer’s request the parents or guardians will sign any form required by the court, mediator, arbitrator or parenting coordinator advising that the parents or guardians have terminated the Interviewer’s services.

  18. If the interview process is terminated by the interviewer, prior the release of an oral or written Report, the parents/guardians shall pay the interviewer’s fees and expenses up to the date of termination of services,  as determined by the interviewer. If requested by either parent/guardian, the mediator, arbitrator, parenting coordinator or court, the interviewer will confirm that they terminated the process without providing reasons.

  19. The parents/guardians agree that this is a private and confidential process. Neither will seek production of any part of the interviewer’s file, under any circumstances. Further, neither shall summons the interviewer to give evidence in any proceeding.
  20. Should a parent seek a court order compelling the interviewer to testify, that parent shall:

    (a) provide notice of the motion to the interviewer

    (b) pre-pay the interviewer’s estimated costs and fees, for preparation and attendance, based on their hourly rate, for all time spent responding to and attending the motion and attending any hearing if required, and

    (c) retain counsel for the child/ren on both the motion and any hearing where the interviewer is required to give evidence.

  21. In the event that a court exercises discretion to compel the interviewer to provide evidence, independently of either parent/guardian, the parents or guardians shall be jointly and severally liable for all preparation and attendance fees of and costs incurred by the interviewer, pre-paid in advance as directed by the interviewer.

 

The parents/guardians confirm by their signatures that they have read and understand the terms of this Agreement. They consent to the named child/ren being interviewed in accordance with the above terms:

 

Party 1 Name
Date

Party 2 Name
Date

Interviewer Name  

Dated this   of   20  

 

 

SCHEDULE A

Excerpt from the Child, Youth and Family Services Act

 

Duty to report child in need of protection

125 (1)  Despite the provisions of any other Act, if a person, including a person who performs professional or official duties with respect to children, has reasonable grounds to suspect one of the following, the person shall immediately report the suspicion and the information on which it is based to a society:

  1. The child has suffered physical harm inflicted by the person having charge of the child or caused by or resulting from that person’s,

  2. failure to adequately care for, provide for, supervise or protect the child, or;
  3. pattern of neglect in caring for, providing for, supervising or protecting the child.

  4. There is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child or caused by or resulting from that person’s,

  5. failure to adequately care for, provide for, supervise or protect the child, or;

  6. pattern of neglect in caring for, providing for, supervising or protecting the child.

  7. The child has been sexually abused or sexually exploited by the person having charge of the child or by another person where the person having charge of the child knows or should know of the possibility of sexual abuse or sexual exploitation and fails to protect the child.

  8. There is a risk that the child is likely to be sexually abused or sexually exploited as described in paragraph 3.

  4.1  The child has been sexually exploited as a result of being subjected to child sex trafficking.

  4.2  There is a risk that the child is likely to be sexually exploited as a result of being subjected to child sex trafficking.

  1. The child requires treatment to cure, prevent or alleviate physical harm or suffering and the child’s parent or the person having charge of the child does not provide the treatment or access to the treatment, or, where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, the treatment on the child’s behalf.

  2. The child has suffered emotional harm, demonstrated by serious,

  3. anxiety,

  4. depression,

          iii.  withdrawal,

  1. self-destructive or aggressive behaviour, or

  2. delayed development,

and there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child.

  1. The child has suffered emotional harm of the kind described in subparagraph 6 i, ii, iii, iv or v and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the harm.

  2. There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph 6 i, ii, iii, iv or v resulting from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child.

  3. There is a risk that the child is likely to suffer emotional harm of the kind described in subparagraph 6 i, ii, iii, iv or v and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to prevent the harm.

  4. The child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development and the child’s parent or the person having charge of the child does not provide the treatment or access to the treatment, or where the child is incapable of consenting to the treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition.

  5. The child’s parent has died or is unavailable to exercise the rights of custody over the child and has not made adequate provision for the child’s care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child’s care and custody.

  6. The child is younger than 12 and has killed or seriously injured another person or caused serious damage to another person’s property, services or treatment are necessary to prevent a recurrence and the child’s parent or the person having charge of the child does not provide services or treatment or access to services or treatment, or, where the child is incapable of consenting to treatment under the Health Care Consent Act, 1996, refuses or is unavailable or unable to consent to treatment.

  7. The child is younger than 12 and has on more than one occasion injured another person or caused loss or damage to another person’s property, with the encouragement of the person having charge of the child or because of that person’s failure or inability to supervise the child adequately. 2017, c. 14, Sched. 1, s. 125 (1); 2020, c. 25, Sched. 1, s. 26 (6); 2021, c. 21, Sched. 3, s. 3.

Ongoing duty to report

(2)  A person who has additional reasonable grounds to suspect one of the matters set out in subsection (1) shall make a further report under subsection (1) even if the person has made previous reports with respect to the same child. 2017, c. 14, Sched. 1, s. 125 (2).

 

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Signature Certificate
Document name: Child Interview and Reports Agreement
lock iconUnique Document ID: 8e7a78b26821f1797f86c12ed905ca8a7549758a
TimestampAudit
January 3, 2023 1:13 pm EDTChild Interview and Reports Agreement Uploaded by Cheryl Ward - [email protected] IP 72.141.126.38