Substantiation of Sexual Abuse Allegations

Professional practices and decision-making procedures in investigation of child sexual abuse were studied by interviewing child protection professionals in the southeastern U.S. regarding 175 allegations of abuse. Investigation procedures used, factors associated with the decision to substantiate, and the child protection workers' degree of confidence in their decisions were recorded for each allegation. It was found that substantiated cases: (a) involved significantly older children; (b) were more likely to involve intrusive types of abuse and children of minority race; and (c) were less likely to involve a visitation or custody dispute. Characteristics of the child's disclosure served as the primary basis for substantiation decisions, although medical evidence and affective and behavioral indicators also contributed to the decisions. Case workers were less certain of their decisions when allegations involved young children and adolescents and when allegations were made in the context of custody disputes. In terms of investigatory procedures, anatomical dolls and drawings were rarely used, alleged offenders were interviewed in fewer than one quarter of the cases, and medical and law enforcement consultations were obtained at a higher rate than mental health consultations.     

Young Children's Problematic Sexual Behaviors,Unsubstantiated Allegations of Child Sexual Abuse,and Family Boundaries in Child Custody Disputes

ABSTRACT

Allegations of child sexual abuse are sometimes alleged based on a child's problematic sexual behaviors. When the allegations are unsubstantiated, child custody evaluators are asked to make recommendations regarding custody. Historically, it has been believed that if a child engages in problematic sexual behaviors it is strong evidence of child sexual abuse. Recent research finds that there are many reasons, other than overt sexual abuse, for children to engage in problematic sexual behaviors. This article outlines these reasons and provides a methodology for the evaluation of the boundaries in both parents' homes to assist in determining the possible etiology of the problematic sexual behaviors of the child. Suggestions are made regarding visitation and reunification if boundary concerns are found.     

False allegations in child sexual abuse: the pattern of referral in an area where reporting is not mandatory

SUMMARY. This retrospective study considers all referrals received by child health, social services and police of suspected child sexual abuse between the years 1986–1989, within South Glamorgan, Some 410 children were referred and of these 197 were found to have been abused. Of those cases where abuse was not proven, only 63 were judged to be due to false allegations, some of which were considered |malicious. This pattern, of approximately half of referrals being unsubstantiated, is similar to that reported from the United States, where reporting is mandatory. The criteria for diagnosis, and the identifying and presenting features surrounding possible explanations of false allegations are discussed.     

Unpacking Court Divorce Decrees,Children’s Outcomes,and Three Unconfounded Determinants: An Evidence-Based Look

This article examines evidence on 3 determinants of the outcomes of children of divorce that are shaped but neither confound or are confounded by court decrees for custody and parenting time: father contact or involvement, high interparental conflict, and domestic violence. This evidence is brought to bear in an analysis that contrasts predictions based on the rationales for sole maternal versus joint custody and explores implications for judicial decision making. It is found that the best-interests-of-the-child standard better serves children in contested cases when this evidence is taken into account. A call is made for rebuttable presumptions for joint custody and commensurate parenting time except when parent-perpetrated violence or other patterns of abusive behavior are substantiated. Steps for judicial reform are proposed.     

Misogyny in New York custody decisions with parental alienation and child sexual abuse allegations

This article analyzes 24 New York (NY) published child custody cases decided between 2001 and 2017 that contained parental alienation and child sexual allegations. It addresses whether there was a tendency toward gendered decisions and the evidence on which the decisions were based. It reveals that most decisions favored alienation allegations over child sexual abuse allegations and transferring custody from mothers communicating sexual abuse allegations in court to fathers defending against them by alleging parental alienation. On appeal, these family court decisions were overwhelmingly upheld. The analysis also shows that the decisions were based as often on implicit misogynistic cultural assumptions in the absence of allegation-specific evidence as they were on allegation-specific evidence. The article adds to the growing understanding of sources of bias by proposing four errors that support biased reasoning. It concludes with suggestions about how experts, attorneys, and judges can question themselves and others to reduce bias.     

The Impact of a History of Child Sexual Abuse on Maternal Response to Allegations of Sexual Abuse Concerning Her Child

Mothers exhibit a wide range of emotional responses to the discovery that their children may have been sexually abused. The clinical lore suggests that a personal history of child sexual abuse (CSA) may influence maternal reactions to such a discovery. Interestingly, however, while the impact of a history of CSA has been examined in many different populations, the impact of such a history has rarely been studied with respect to nonoffending mothers of CSA victims. The current investigation, therefore, aimed to compare nonoffending mothers with and without a history of CSA with respect to demographic variables, psychosocial functioning, and personal responses to the CSA allegations concerning their children. Nonoffending mothers with a history of CSA exhibited more general symptom distress as measured by the SCL-90-R and reported greater feelings of aloneness in facing the crisis of the CSA allegations. However, maternal history of CSA did not differentiate the groups with respect to demographic variables or maternal responses to the CSA allegations concerning their children. Implications of these findings are discussed.     

Judgments regarding parental alienation when parental hostility or child sexual abuse is alleged

Abstract

Allegations of Parental Alienation (PA), the systematic disparaging of one parent by the other parent aimed at alienating their child’s affections, as a basis for child custody decisions are highly controversial. Claims of parental hostility or allegations of child sexual abuse in custody cases may trigger concerns about PA. Family court professionals (N?=?280) rated young children’s accuracy of report (e.g., suggestibility, honesty) in general and also read three custody scenarios varying as to whether or not they included allegations of parental hostility or child sexual abuse, or no such allegations. For each scenario, the alleged alienating parent’s gender was experimentally varied between subjects. Participants rated the likelihood that each case involved PA. For the scenario that included allegations of child sexual abuse, professionals who viewed young children as more inaccurate reporters or who read about the mother (rather than a father) as the alleged alienator were more likely to rate the scenario as involving PA. For the scenario that described parental hostility but no child sexual abuse allegations, professionals who were older or female were more likely to judge the scenario as involving parental alienation when a mother (rather than a father) was the alleged alienator, whereas there were no significant predictors of responses to the no-allegation scenarios. Findings are discussed in relation to the difficult task of evaluating custody cases for PA when parental hostility or child sexual abuse is alleged.     

Beyond Munchausen by Proxy: A Proposed Conceptualization for Cases of Recurring,Unsubstantiated Sexual Abuse Allegations

In the emerging literature, cases involving recurring, unsubstantiated allegations of child sexual abuse have generally been categorized as Munchausen by proxy. Recent scholars have recommended restricting the label to the original conceptualization, involving purposeful deception motivated by psychological needs for medical attention. This leaves many cases unclassified that do not fit the Munchausen by proxy criteria, involve significant risks to the child, and ultimately fall outside of existing structures for Child Protective Services/legal intervention. This paper presents a reconceptualization of such cases, proposing to label them “recurring sexual abuse allegation” cases. Defining the set of cases more clearly can aid child protection workers in their management and encourage research on prevalence, consequences to children, treatment strategies, and needed legal reforms.     

The Relationship between Social Dominance Orientation and Child Sexual Abuse Credibility Assessment

ABSTRACT

Allegations of child sexual abuse (CSA) across various contexts have often been denied or ignored by a multitude of people, including those who do not personally know the alleged perpetrators or victims. The lack of belief of children’s CSA reports is problematic, as this may affect the child’s adjustment, the consequences for the alleged perpetrator, and the likelihood of other victims reporting abuse that they experienced. One plausible explanation for low credibility is the variable of social dominance orientation. In the current study, a diverse sample (N = 60) read a hypothetical vignette of a CSA allegation, rated the credibility of the child, and completed the Social Dominance Orientation-7 scale (SDO-7). Results supported that high social dominance orientation predicts low credibility ratings of the child’s CSA allegation. Findings may impact how clinicians and investigators approach the assessment of credibility of CSA allegations, how they appraise the opinions of others about such credibility, and jury selection in the court system.     

Dosage matters: The relationship between participation in the Nurturing Parenting Program for infants, toddlers, and preschoolers and subsequent child maltreatment

This article uses statewide data on caregivers of young children referred to the Nurturing Parenting Program (NPP) for allegations of abuse and neglect to examine the relationship between program dosage and subsequent maltreatment. At six months after participating in the program, caregivers who attended more sessions were significantly less likely to be reported for child maltreatment, holding other factors constant. At two years after participating, caregivers attending more sessions were significantly less likely to have a substantiated maltreatment incidence, controlling for other characteristics of families associated with maltreatment. These findings demonstrate the program is associated with preventing short-term allegations and longer-term substantiated incidences of maltreatment for a child welfare population. By demonstrating the importance of participation in the NPP, we increase the evidence about effective parent education programs for this population.     

Types and timing of child maltreatment and early school success: A population-based investigation

The purpose of the present study was to investigate the prevalence of types of child maltreatment and co-occurring risks in an entire county population of children in public education and to examine the unique relations of the child maltreatment types and timing on children's early academic success while accounting for the children's multiple-risk context. A cohort of 11,835 second grade students who were born in the county and attended the public school district served as participants. Information on first reported experiences of substantiated physical abuse, neglect, unsubstantiated child maltreatment reports, health, maternal, and social risks, and academic and behavioral outcomes was obtained and linked through a county-wide integrated data system. Results indicated that after controlling for demographics and the set of other risks, substantiated child neglect and unsubstantiated reports were associated with poorer outcomes than physical abuse. Also, first substantiated child maltreatment and unsubstantiated reports prior to kindergarten were related to a more comprehensive set of poor outcomes than post-kindergarten first reports. The differential patterns that emerged for the association between age of first reported maltreatment by type and educational outcomes were discussed with implications for future research and policy.     

Irish child sexual abuse victims attending a specialist centre

We profiled a cohort of CSA cases referred for assessment to a specialist child sexual abuse (CSA) centre in a national paediatric hospital in Ireland. Historical and clinical data were drawn from records of 171 cases. The majority of cases were referred by social workers following purposeful disclosure of CSA. Three quarters of the cases were female with a mean age of 9 years. They were from a wide spectrum of socioeconomic groups and many had suffered a range of family adversities. In most cases, the abuse involved masturbation of the child by the abuser. Almost all of the perpetrators were male with a mean age of 28 years and in 60% of cases extrafamilial abuse had occurred. In 23% of cases, the perpetrator had a history of previous sexual offending. Anxiety was the most common emotional problem before disclosure and after disclosure the most common emotional problem was guilt. Before disclosure school refusal was the most common behavioural problem and after disclosure fighting was the most prevalent behavioural difficulty. The most common factors supporting the credibility of CSA allegations were labile mood, the child's ability to differentiate fact from fantasy and a detailed disclosure of contextual details. More adolescents showed deterioration in schoolwork after disclosure and for more pre school children clinginess following disclosure was a significant emotional problem. More primary school aged children were abused by perpetrators who had abused a number of children. For children abused by such perpetrators, vaginal intercourse was less common. Vaginal intercourse was more common in 6–11‐year‐old victims and those who were abused on a daily basis. The threat that disclosure posed to the integrity of the family structure was more often a factor hindering disclosure in victims abused by father figures and abused very frequently. Copyright © 2003 John Wiley & Sons, Ltd.     

Child Sexual Abuse Allegations Amidst Divorce and Custody Proceedings

This study describes 18 cases of child sexual abuse allegations investigaled by the Boulder County (Colorado) Sexual Abuse Team which revolved around divorce and custody disputes. Determining whether such allegations are reliable or fictitious presents a challenge to caseworkers who are apt to find themselves caught up in the highly charged atmosphere of divorce and custody proceedings. Initially, only 5.6% of the cases investigated were believed to be founded by the sexual abuse evaluation team. After applying the clinical process of validation used at the Kernpe Center in Denver. Colorado, the cases were subject to further review and categorized as follows: reliable accounts; recantations; unsubstantiated suspicions; insufficienl information; fictitious reports by adults; and fictitious reports by children. Subsequent to applying this clinical Drocess of validation. the number of cases categorized as founded hcreased to 44.4%. Application of a systematic process of validation by clinicians is suggested in the determination of whether reports are likely to be vacd or fictitious. Tentative conclusions are drawn which acknowledge that the atmosphere surrounding divorce/ custody proceedings can affect objectivity by clinicians and which suggest adherence to a systematic clinical process of validation.     

What Happens When There Is Presumptive 50/50 Parenting Time? An Evaluation of Arizona’s New Child Custody Statute

ABSTRACT

The current study presents the findings of an evaluation of Arizona’s 2013 revisions to the child custody statutes that directed courts to “maximize” the child’s parenting time with both parents. A state-wide survey of the four family law professions (i.e., conciliation court staff, judges, mental health providers, and attorneys) assessed their perceptions of the law 4 years after implementation. We averaged the ratings across the four professions to obtain a comprehensive perspective that gave equal weight to each profession. Results revealed that the law functions as a rebuttable presumption of equal parenting time; that it is evaluated positively overall and in terms of children’s best interests; that it is has a neutral impact on legal and interparental conflict; and that it has led to small increases in allegations of domestic violence, child abuse, and substance abuse.     

Impact of Perpetrator Type on Attributions of Mother Fault in Child Sexual Abuse

Blaming nonoffending mothers for child sexual abuse has substantial negative consequences for both the mother and child victim. Although perpetrator type has been shown to influence how much blame and responsibility is placed on nonoffending mothers in child sexual abuse cases, research to date has focused primarily on perpetrators who are strangers to the child or the child’s biological father, ignoring the effect of other father-figure perpetrators. The current study examined how differences in perpetrator’s relationship to the mother impacted blame, responsibility, cause, and prevention as separate constructs. One hundred and eight participants from an online community sample were randomly assigned to read a vignette describing a child sexual abuse situation with a female victim and one of two perpetrators: the victim’s biological father or the mother’s boyfriend. Participants assigned significantly higher levels of fault for CSA to the mother when the perpetrator was the mother’s boyfriend. Implications and future directions are discussed.     

Effect of child protective services system factors on child maltreatment rereporting

This study examined how child protective services (CPS) systems respond to initial and subsequent reports in the context of child maltreatment rereporting and to what extent CPS system factors are associated with the risk of rereporting after controlling for abuse type and child and family factors. This study followed 67,243 families who were reported to the CPS agencies in seven counties in Florida for child abuse and neglect over a period of 5.4 years and found that 14,218 families had one or more child maltreatment rereports. Key findings include that CPS system factors were significantly different from initial report to subsequent reports. Five CPS system factors, reporting source, contact by CPS workers, investigative level at intake, postinvestigation services, and duration ofCPS involvement were significantly associated with the risk of child maltreatment rereporting. Multivariate analyses found that CPS system factors were substantially different for three categories ofrereporting, unsubstantiated rereports, substantiated rereports, and recurrence reports. Interpretations and implications for practice are discussed.     

Are Children Protected in the Family Court? A Perspective from Western Australia

Despite a landmark High Court judgement in the area of child sexual abuse allegations (M and M, 1988), a major concern in such cases seems to be the fear that mothers use false accusations against fathers as ‘weapons’ in custody and contact cases. This paper seeks to examine the validity of such views as they apply to Western Australia. In particular, it examines the belief that false accusations are rampant; the questionable nature of ‘parental alienation syndrome’, the belief that young children's accounts of abuse lack credibility, and the ignoring of the effect of abuse itself on the nature of a child's testimony. The paper argues that the principle of ‘protection of the child's best interests’ should not necessarily be equated with the child having access, even supervised access, with a parent previously accused of having abused the child.     

Allegations of maltreatment and delinquency: Does risk of juvenile arrest vary substantiation status?

There exists a healthy debate about the process and value of substantiation in child welfare. Much of this debate focuses on understanding whether substantiated and unsubstantiated allegations of maltreatment share equal risk of recurrence. In the current study we seek to advance this debate by extending the analyses to focus specifically on the risk of juvenile delinquency. We also seek to determine whether the relationship between substantiation and delinquency varies by race and gender. Our sample includes 38,223 youth between 5 and 16 years of age from Los Angeles County. We use propensity score matching to create relatively equivalent groups and use Cox Regression to model the risk of juvenile arrest. The results indicate that the relative risk ratio of arrest is 2.2 times greater for youth associated with a substantiated report of maltreatment as compared with similar youth associated with an unsubstantiated report of maltreatment. Older youth, and African American youth are also at an increased risk of juvenile arrest. These findings indicate that the process of substantiation is not without merit - as investigators and supervisors are clearly able to distinguish cases based on individual risks and strengths.     

Child sexual abuse suspicions: treatment considerations during investigation

This article addresses what, if any, psychotherapeutic interventions should be provided to meet the emotional and clinical needs of alleged child victims of sexual abuse while they await judicial determinations from the family, dependency, or criminal courts. The discussion emphasizes that to minimize iatrogenic outcomes, professionals involved in sexual abuse allegation cases should carefully establish and maintain professional role boundaries and take on only one role in a case. Professional roles may include an investigative forensic interviewer, court appointed forensic evaluator, and therapist. Special attention is given to complex issues that arise in child custody cases with allegations of child sexual abuse in family court.