Countertransference Bias in the Child Custody Evaluator

ABSTRACT

Concerns about bias which may arise in the child custody evaluation process have recently attracted critical attention. The types of biases addressed are those that primarily stem from cognitive psychology, as well as social and cultural sources of bias. Rarely discussed, however, is bias which can stem from evaluator countertransference, which if unrecognized can potentially lead to biased and non-objective recommendations. While one must strive to be objective and impartial, child custody evaluators are frequently working with highly charged emotional issues which may interact with their own personal issues or past experiences. This article examines the types of counter-transference phenomenon which may arise in the child custody evaluation, and presents tips for identifying and managing such reactions.     

When children’s testimonies are used as evidence: how children’s accounts may impact child custodial decisions

Abstract

In child custody cases, children oftentimes provide allegations of experienced trauma against one of their parents. Such allegations can happen before any investigative interviews (e.g., by the police or child protective services) have taken place. A central theme here concerns how to appraise such allegations and make certain that children’s accounts are taken seriously. In the current special issue, the focus is on new work on the functioning of children’s memory and its relation to trauma or work on children’s suggestibility and memory when they are traumatized. Specifically, key experts in the field of children’s memory provided contributions on: (1) the impact of interviewer support and rapport building on children’s testimonies, (2) the role of parental alienation in children’s testimonial accuracy, and (3) different types of false memories in children’s memory reports.     

Is “Best Interests” a Solution to Filling Potholes in Child Custody Planning?

ABSTRACT

The role of the child custody evaluator and the principle of “best interests” have been well contemplated in the literature. This article suggests that the “best interest principle” serves the purpose of providing fill for gaps in the court systems engaged in the work of child custody planning. Using sociologist Dorothy Smith's research approach, Institutional Ethnography, the writer unearths the purpose of these potholes using a concept Smith coined as “Ruling Relations.”     

Exploring Three Functions in Child Custody Evaluation for the Relocation Case: Prediction,Investigation, and Making Recommendations for a Long-Distance Parenting Plan

SUMMARY

The psycho-legal dilemmas posed by child custody relocation cases are discussed in terms of the four decisional alternatives facing the court and evaluator. Different legal contexts for relocation are reviewed in terms of their implications for the custody evaluation. Complexities involved in the evaluator's function of making predictions for the court are presented. The need to conduct careful investigation on both risk and pragmatic factors is highlighted by case illustrations. The obstacles of crafting of long distance parenting plans that will be in the best interests of the child are presented as governed by the goal of harm mitigation.     

Investigative vs. Clinical Emphasis in Child Custody Evaluation: A Reflection on Austin and Kirkpatrick(2004)

ABSTRACT

There is an ongoing discussion regarding the role of psychologists in child custody relative to clinical vs. investigative roles. The issues revolve around how expansive or how limited a professional might be in addressing the concerns of families, adults and children in high conflict custody cases. In the article, the investigative or more maximalist role is discussed in the light of the alternative more clinical or minimalist stance. An argument is advanced that we may be limited to a more clinical/minimalist role if we are to stay within the confines of research informed practice standards.     

Integrity and Transparency

Abstract

The author offers commentary concerning the importance of an evaluator'S disclosure of prior or current relationships with custody litigants; of diligence in the creation and maintenance of records; and of cooperation with those wishing to scrutinize one'S work. The position is advanced that all information considered by an evaluator must be preserved, as must audio or video tape recordings of interviews and evaluative sessions. The author opines that where a thorough exploration of the bases for an evaluator'S opinions is impeded by deficient records or by the unavailability of certain records, the risk is increased that evaluator errors will go undetected.     

Safety First

Abstract

A substantial percentage of contested child custody cases involve allegations of domestic violence. The impact on the psychological health and physical safety of the child exposed to domestic violence has only recently become a focus of the courts' and child custody evalu-ators' attention. Currently, the majority of state statutes include consideration of domestic violence in “best interests” child custody criteria. However, many of the statues do not provide the child custody evaluator the specific criteria to consider, especially if the domestic violence allegations have not been previously reported to authorities prior to the commencement of separation and divorce proceedings. This article presents the first three steps of the six-step Safety First Model, designed to assist the legal and psychological professions to focus on the priorities on the safety of children exposed to domestic violence.     

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.     

Psychotropic medications in child welfare: From federal mandate to direct care

Background and objectiveChildren in the welfare system are prone to uncoordinated and unmonitored mental health care, including psychotropic medications. To address these issues, federal legislation mandated that state child welfare agencies improve the coordination and oversight of psychotropic medications. However, there is no clear guidance on how to improve these practices, particularly at the level of direct care. We aimed to identify specific areas for improvement through state-wide surveys of four groups.MethodsWe surveyed all known members of four groups working directly with children in foster care in one small northeastern state. Respondents included 209 foster and adoptive parents, 169 child welfare staff, 84 mental health therapists, and 33 clinical prescribers. Survey items addressed practices and perceptions related to sharing of information and cross-system communication and monitoring of medication effects and side effects.ResultsNearly two in five foster and adoptive parents reported not regularly receiving information about the purpose or side effects of psychotropic medications, and they disagreed among themselves on who was primarily responsible for monitoring safety and effectiveness. One-third of child welfare staff and two-thirds of mental health therapists reported that information about psychotropic medications is not regularly shared with the child's provider team. Half of clinical prescribers reported not regularly communicating with child welfare staff.ConclusionsWe identified specific areas for improvement related to communication, sharing of information, monitoring, and role clarification. Strategies to improving these activities are key to ensuring the safe and effective use of psychotropic medications in this population.     

Twice Silenced: The Underreporting of Child Sexual Abuse in Orthodox Jewish Communities

ABSTRACT

Child sexual abuse remains an underreported crime throughout the world, despite extensive research and resources dedicated both to improving investigative techniques and helping children disclose their experiences. The discovery of rampant cover-ups within the Catholic Church has exposed some of the ways religious and cultural issues can impede reporting to authorities. This article examines specific factors that contribute to the underreporting of child sexual abuse within Orthodox Jewish communities. It also explores ways in which these communities have handled child sexual abuse reporting in the past and describes recent progress. Implications are offered for CSA prevention, detection, and recovery in Orthodox Jewish communities as well as other minority religious groups.     

Response to Amundson,Lux and Hindmarch: Critique of Investigative Practices Article

ABSTRACT

This article responds to a commentary by Amundson, Lux and Hindmarch (2005), in which they offer a pejorative criticism about our article (Austin & Kirkpatrick, 2004) in which we described the investigative component within comprehensive child custody evaluations–something they label as “maximalist” evaluations and contrast with a model they prefer called the “minimalist” approach. We believe our approach to custody evaluations is in keeping with the current standard of practice and professional guidelines.     

Participatory discourse: Engagement in the context of child protection assessment practices from the perspectives of child protection workers,parents and children

ObjectiveThis article describes empirical results of the views of child protection workers, parents and children along different dimensions including interpretation of engagement, approaches with families in the engagement process, collaboration and relationship, barriers and factors promoting engagement.MethodA qualitative study was undertaken of a sample of eleven child protection workers, eleven parents and eleven children in one county in South-Estonia. The study explored the participants' experiences and perspectives of the engagement, within the context of assessment in child protection practice, through in-depth semi-structured interviews.ResultsResults indicate that child protection workers demonstrate an over-reliance on expert- and deficit-based approaches, indicating a requirement for a focus on traditional social work assessment, concentrating on problems, and more investigative, coercive, and judgement-focused approaches. Both workers and parents valued the quality of relationships, emphasising trust, dialogue and support as important elements of engagement. According to children, they were not always considered as a subject in the assessment process, including their needs as the primary focus; children expressed the wish to be more heard and understood, with their opinions being taken into account.ConclusionsFindings propose that child protection workers are ‘stuck in the past’, in traditional deficit-based discourse, however families prefer ‘modern’, strengths-based perspectives.     

Health Information-Seeking in the Digital Age

Abstract

Objective: The authors examined the sources of health information among first-year university students and whether the predictors of information-seeking varied by information source. Participants: First-year students in a required course at a midwestern public university were eligible to participate, and 82% (n = 1,060) completed the study. Methods: Students completed a survey questionnaire regarding information-seeking behaviors and Internet uses in domains including health. The authors used regression analyses to examine predictors of source-specific health information-seeking. Results: Young women are much more likely than young men to seek health information. The characteristics associated with looking online for health information are different than those for using other information sources, and students who look online for health information also report greater use of other information sources. Conclusions: Although the Internet is an important source of health information for students, health professionals should be aware that not all students equally utilize this resource.     

The Child Abuse Risk Evaluation Dutch Version (CARE-NL): A retrospective validation study

Abstract

The Child Abuse Risk Evaluation – Dutch version (CARE-NL) is a structured professional guideline for assessing the risk of all types of child abuse. The CARE-NL comprises 18 risk factors: eight Parental characteristics, three Parent-Child interaction factors, five Family factors, one Child vulnerability factor, and an extra factor for child sexual abuse risk. We examined interrater reliability and predictive accuracy of the instrument in a retrospective study at Advice and Reporting Centers on Child Abuse (ARCCA) in The Netherlands. The ARCCA files contained limited information on Parental risk factors, while parental characteristics, such as mental disorder and substance abuse, are the most important risk factors for (repeated) child abuse. On the other hand, the majority of the files included ample information on child and family characteristics. The CARE-NL could be reliably coded by trained raters and the predictive accuracy for out-of-home placement (AUC = .73) and placement of the child under court supervision (AUC = .78), at two years follow-up, was adequate. Use of the CARE-NL ensures that the assessment of the risk of child abuse focuses on the most important, empirically based risk factors in a structured and coherent way.     

Evaluation and assessment

The current debate about the balance between child protection and family support, informed by the publication of a sequence of government sponsored research studies, tends to focus on the investigative stage of child protection relating to Section 47 of the Children Act 1989 and contrasts this with the less stigmatising approach of assessment and support to the families of children in need under Section 17 of the Act. Little attention has so far been paid in Government documents and guidance to the child protection process after the initial investigative stage. The work of the core group, set up by the child protection conference when a child's name is placed on the register, is, however, the main vehicle for the implementation of the plan to protect the child(ren) at risk in a family and marries the twin strands of protection and support.

Because of the pressures on training and staff development sections of Social Services Departments, as well as on academic institutions offering social work courses to meet the mandatory requirements of CCETSW and of the Training Support Programme, training and education relating to core groups have been afforded low priority in most authorities and universities.

Research suggests that there is great potential for prevention, for family support and for positive work with children and their families in this area of work. A recent national conference suggested models for progressing good practice. A pre-conference questionnaire was completed by conference participants and is to be extended to all local authority Social Services Departments to collect information on current practice and procedures.

Training Issues include the following:

• 1. partnership practice with both family members and professionals;

• 2. communication with children and young people and other family members;

• 3. power and issues of difference;

• 4. clear and detailed planning, monitoring and review;

• 5. user perspectives.

Some examples of professionals' and service users' views will be given as well as suggestions for a framework and strategy for training in this area.     

Bite Mark Evidence in Crimes Against Persons

Abstract

Bite marks are often found on victims of homicide, sex crimes, and child abuse. Since this type of physical evidence often links victims and assailants, it is essential that bite mark evidence be recognized and properly preserved. The superior courts of several states and United States military courts have accepted this evidence as admissible.

This article is intended to familiarize college and university health workers and security personnel with the appearance of bite marks as they may be found on victims. Further, it describes techniques of photography and related procedures, necessary for the preservation of this essential evidence. Photographs of actual bite marks and diagrams illustrating correct techniques for photography are included. This article is intended to alert college health and security personnel that early recognition and preservation of bite mark evidence is essential to investigative procedures.     

Countertransference Bias in Child Custody Evaluations Is Just a Horse of a Different Color: A Rejoinder to Martindale and Gould

ABSTRACT

The authors' reply to Martindale and Gould's critique of Pickar's article (2007a, this issue), “Countertransference Bias in the Child Custody Evaluator.” Martindale and Gould's objections to considering an evaluator's countertransference reactions as a potential source of bias are addressed by focusing on these four areas: (1) Whether it is useful to introduce the term “countertransference bias” to identify a potential source of distortion in custody evaluations; (2) How the empirical literature on countertransference in the context of psychotherapy might apply to the child custody evaluation process; (3) Clarification of areas of agreement and disagreement with Martindale and Gould, and (4) The importance of evaluator attempts at “debiasing.” We conclude that gaining awareness of countertransference reactions can only enhance the evaluator's ability to provide the most objective custody evaluation possible.     

“She Got Spoilt”: Perceptions of Victims of Child Sexual Abuse in Ghana

ABSTRACT

International research has commented on social stigma as a key reason for nondisclosure of child sexual abuse. However, the actual components of this social stigma frequently remain unexplored. The present study deals with perceptions of consequences of child sexual abuse among professionals and laypeople in Ghana (N = 44), employing a bystander perspective. As a qualitative study using a grounded theory framework, it considers these consequences in light of their underlying beliefs about child and adolescent development, particularly in relation to gender-based expectations placed on girls and boys. Consequences of child sexual abuse could be divided into sexual health consequences, beliefs about “destroyed innocence” and beliefs about a “destroyed future,” which were strongly related to the sexual nature of the violence perpetrated. These perceived consequences of child sexual abuse hold implications for what surviving child sexual abuse means on a social level. Implications for practice are discussed on the basis of the data analysis.     

Shared Family Care: Fostering the Whole Family to Promote Safety and Stability

ABSTRACT

Shared Family Care is an innovative child welfare service that temporarily places whole families in the homes of community mentors who, along with a team of professionals, help the families to obtain the skills and resources they need to move toward self-sufficiency and adequately care for their children. This article provides an overview of this model, identifies existing programs in the United States, discusses key elements of the model, summarizes outcomes and comparative cost information, identifies implementation challenges, and provides tips for starting a Shared Family Care program in any community.