The current legal system in child welfare is adversarial and costly both in dollars and time. It is difficult for families and leaves children in precarious limbo while their cases are being adjourned. Although court intervention is necessary in some cases, child welfare professionals know that a litigious system is not the most productive way to problem-solve. It heightens rather than reduces conflict and does not engage the parties in meaningful, mutual problem-solving in the best interests of children.

The legislation provides two alternatives to lengthy court proceedings:

1. Settle cases using a prescribed ADR process prior to initiating court proceedings, or at any point during litigation
2. Grant care and custody to individuals who propose a permanent placement for a child and who are determined to be capable of providing sufficient care for the child