Child welfare reform in the United States: findings from a local agency survey

Efforts to improve the public welfare and child welfare system sparked an unprecedented amount of federal legislation in the 1990s, including the Adoption and Safe Families Act of 1997 (ASFA), the Multiethnic Placement Act of 1994 and Interethnic Adoption Provisions of 1996 (MEPA-IEP), and welfare reform. Such reforms allow an unprecedented degree of flexibility, but little is known about their implementation. Researchers administered the Local Agency Survey to the first national probability sample of public child welfare agencies from 1999 to 2000. Findings indicate that ASFA has had the most effect on child welfare service delivery. Welfare reform has had less effect, and MEPA-IEP seems to have had little effect at all.     

An Analysis of the Patient Self-Determination Act of 1990

Advance directives (ADs) provide a way to express medical care preferences at the end of life, yet they are underutilized. This article analyzes the effect of the Patient Self-Determination Act and presents recommendations for the improvement of AD legislation. Although the Patient Self-Determination Act was intended to educate patients, clinicians, and the public about ADs, more work is needed to improve involvement in end-of-life care decision making for individuals who may be disenfranchised in this process.     

Combining child welfare and substance abuse services: a blended model of intervention

Montgomery County, Maryland's Child Welfare Services (CWS) and Adult Addiction Services (AAS) developed an initiative to address the requirements of the Adoption and Safe Families Act (ASFA) while meeting the needs of families and the community of providers. A blended model of intervention was determined to be the best strategy to achieve the dual mandates of CWS and alcohol and other drugs (AOD) providers. Drawing from criminal justice, systems theory, social work, and addiction treatment, the approach made use of graduated sanctions or levels of intensity in providing services, engaging client participation, and engendering motivation. This article proposes strategies at client and organizational levels to understand the process of adaptation to ASFA and to guide planning for blending services.     

Getting home on time: predicting timely permanence for young children

The timelines of the Adoption and Safe Families Act (ASFA) (P.L. 105-89) require increased attention to the timing of permanent placement, regardless of the type of placement outcome. This study examines the multivariate predictors of timely permanence for children served by Colorado's Expedited Permanency Planning (EPP) project. EPP has used an intensive concurrent planning model aimed at reaching permanency within 12 months of initial placement for children aged 6 and younger. The EPP requirement that children be living in the permanent home by 12 months postplacement is more stringent than the technical ASFA requirements. This article uses qualitative interviews with child welfare and court personnel to identify critical barriers to and supports for effective permanency planning.     

The justifications for terminating parental rights and adoption in the United States

This article examines the normative basis for prioritizing adoption in the “Adoption and Safe Families Act of 1997” (ASFA) as expressed by legislators and public witnesses in congressional hearings. By examining six congressional hearings in the period that led to the ASFA, the article provides new insights to understand how adoption is justified in the U.S. not only as an acceptable form of public intervention but also as an actively promoted and preferred approach when reunification is not possible. The article uses a discourse theoretical framework based on Habermas that distinguishes pragmatic, ethical–political, moral, and legal arguments. It reveals that U.S. federal adoption policy is based on three pillars. Pragmatic risk-oriented thinking forms the central knowledge base to inform policy. Parent responsibility ethics stresses individual responsibility for rehabilitation, with secondary support from the welfare system. Child refamilialization ethics emphasizes decisive and authoritative action to protect the child's needs for safety and permanence.     

Linking Federally Assisted Housing with Services for Frail Older Persons

Advocates of policies designed to link federally assisted housing with social services for the frail elderly have encountered barriers such as the historical separation of housing and services, political and bureaucratic fragmentation, and budget constraints. Over a 20-year period, they have attempted to address these issues by identifying the nature and extent of the problem, creating workable models, and developing a political constituency. Major reform, however, occurred only in 1990 when Congress passed the landmark National Affordable Housing Act (NAHA) which provided an "open policy window" for supportive housing legislation. NAHA's passage, however, still left many issues unresolved (e.g., targeting and funding for services). The future challenge is to develop new models of supportive housing and provide a range of residential settings and portable services to increase the choices for frail older persons.     

Linking federally assisted housing with services for frail older persons

Advocates of policies designed to link federally assisted housing with social services for the frail elderly have encountered barriers such as the historical separation of housing and services, political and bureaucratic fragmentation, and budget constraints. Over a 20-year period, they have attempted to address these issues by identifying the nature and extent of the problem, creating workable models, and developing a political constituency. Major reform, however, occurred only in 1990 when Congress passed the landmark National Affordable Housing Act (NAHA) which provided an "open policy window" for supportive housing legislation. NAHA's passage, however, still left many issues unresolved (e.g., targeting and funding for services). The future challenge is to develop new models of supportive housing and provide a range of residential settings and portable services to increase the choices for frail older persons.     

Your Money’s Worth

This article shares findings of how two third-grade children who have systematically studied history in grades K–3 analyzed historical sources on a topic about which they had no prior knowledge. In think-aloud interviews, the children analyzed written documents on the 1887 Dawes Severalty Act. One of the children, who tested on the third-grade level for reading, demonstrated extensive use of the sourcing heuristic and analogical thinking to contextualize and interpret the documents. Care and imagination seemed to facilitate the child's deployment of historical thinking. Both children informed their judgments about the Dawes Act by referencing the evidence. These findings suggest that curriculum, rather than age, is the strongest limit on U.S. elementary students’ engagement in historical thinking. The findings also provide evidence of gifted and talented ability in the specific domain of historical thinking and suggest that analogical thinking deserves greater attention in our efforts to understand and teach dimensions of historical interpretation.     

Applying a barriers approach to monitoring disabled people's employment: implications for the Disability Discrimination Act 2005

The year 2005 witnessed the passing of the Disability Discrimination Act 2005 through Parliament. The Act responds in part to the perceived need for more proactive legislation that seeks to encourage good employer and service provider practice from the outset and diminish discriminatory action. This article focuses on the employment provisions of the 2005 Act. The article is based on a scoping study carried out during the gestation of the Act that looks at the challenges of applying a barriers approach to a disability employment monitoring schemes. Monitoring schemes have been a key part of recent anti-discriminatory legislation. The text of the Act and its Guidance might suggest that the future of monitoring as an explicit feature of proactive employer practice is uncertain. The article makes clear however the importance of disability employment monitoring if disabled people are to be better represented and receive equitable treatment in the workplace.     

Re-authorization of the Rehabilitation Act: Comprehensive solutions or political satisficing?

The Americans with Disabilities Act (ADA) is widely hailed as a sweeping piece of civil rights legislation that will dramatically affect the lives of individuals with disabilities in the US for generations. In contrast, the re-authorisation of the Rehabilitation Act in 1992, and attempts to consolidate the rehabilitation programme for people with disabilities into a generic, consolidated employment system for the general public in 1995 brought only modest reforms. How does comprehensive reform get on the US political agenda? What factors were present during passage of the ADA that were not present during reauthorisation of the Rehabilitation Act? The author will use dominant political theories about policy making and agenda setting to answer these questions, and draw conclusions that will assist advocates in other countries in passing comprehensive civil rights legislation.     

Data protection legislation in the United Kingdom

This paper is primarily concerned with development of data protection legislation in the United Kingdom from the late 1960s through to the enactment of the 1984 Data Protection Act. Following a series of private members' bills calling for varying degrees of privacy legislation, the UK government commissioned two significant reports in the 1970s. The first, the Younger Report on Privacy (1972), established 10 principles for the handling of personal data that were to influence data protection statutes in Europe. The Lindop Report on Data Protection (1978) examined public- and private-sector computer systems, recommending a flexible legislative environment - with a set of broad principles guiding a data protection authority in its development of codes of practice aimed at various sectors of the economy. The far-reaching nature of those recommendations can now be appreciated in the work of the modern Information Commissioner's Office, 25 years after the publication of the Lindop Report. However, the momentum created by the two studies faded during the period 1979-82. Labour and Conservative governments respectively consulted further and objected to additional bureaucracy involved in creating a data protection authority. During this period of entropy, unpublished memoranda and correspondence demonstrated how former members of the Lindop Committee maintained the pressure on government, ensuring that their work was not forgotten. Eventually, overseas legislation and the need for the UK to maintain its position at the 'crossroads of the information highway' ensured that the UK, albeit grudgingly, enacted a Data Protection Act in 1984. By that time, the UK had lost the lead in defining data protection law and policy established by the Reports of Younger and Lindop. In highlighting findings from the Committees and efforts by dedicated individuals in lobbying successive governments in the late 1970s and early 1980s, the authors demonstrate the importance of preserving historical memory.     

BOOK REVIEWS

SUMMARY

This article explores two historical periods that preceded the Indian Child Welfare Act of 1978: the Boarding and Mission School era (1880s-1950s) and the Indian Adoption era (1950s-1970s). The assimilationist social welfare policy of those two eras led to the eventual need for special legislation that protects tribal self-determination, heritage, and family preservation.     

Overcoming hopelessness and social isolation: the ENGAGE model for working with neglecting families toward permanence

The Adoption and Safe Families Act of 1997 (ASFA) mandates policies designed to increase the frequency and speed with which permanency is achieved for children in the child welfare system. ASFA's focus is on child safety, permanency, and well-being. The expectation that parents correct neglectful conditions within specified time frames places an increased ethical responsibility on child welfare staff. Carrying out this responsibility requires vigorous and innovative approaches to engaging and working with neglectful families. Drawing on a well-established conceptual framework for understanding the determinants of effective parenting, the authors derive the ENGAGE (Engagement, Needs assessment, Goal setting, Assessment of progress, Goal achievement, Ending work) model for achieving permanency within the policy structure. The model incorporates creative client engagement, assessment of family needs, mutual goal setting, the goal achievement process, termination, and aftercare.     

Policy-making in the public interest: a contextual analysis of the passage of closed-captioning policy

In 1990 the United States Congress approved the Television Decoder Circuitry Act, which mandated that all television sets 13 inches or larger for sale in the United States be manufactured with caption-decoding microchips. This legislation allowed millions of deaf and hearing-impaired people throughout the US access to captions on commercials and television programs. Access to technology is one determinant of who can participate in the social, cultural, political and economic facets of a society. Scholars recognize that communication processes in the public sphere often are unbalanced. Access to media outlets creates a gap between those with media power and those without. Using a contextual analysis framework supported by a social model of disability, this paper defines the roles of parties involved in the passage of closed-captioning legislation and highlights how social forces were successful in passing legislation beneficial to the Deaf and Hearing-impaired community.     

Creating Enforceable Civil Rights for Disabled Students in Higher Education: an institutional theory perspective

The Titles II and III of the Americans with Disabilities Act of 1990, building on the Section 504 of the Rehabilitation Act of 1973, have been relatively effective in securing enforceable civil rights for disabled students in higher education in the United States. In contrast, the Disability Discrimination Act of 1995 and any related previous pieces of legislation have persistently excluded these students in the United Kingdom, making, by default, any discrimination against them legal. However, the Government has started the legislative rule making process to include higher education under the new legislation, based on the final report of the Select Committee on Education and Employment of House of Commons and the final report of the Disability Rights Task Force. The paper argues that close examination of these reports as well as the Government's most recent consultation paper, 'Rights for Disabled People in Education', reveals a path which is unlike the path that followed during the rulemaking process leading to the Americans with Disabilities Act of 1990. In other words, it is likely that disabled students would continue to be subjected to potential discrimination despite the inclusion of higher education under the new proposed legislation and despite special disability funding provided to universities for disabled students. Disability civil rights advocates have an important role to play in the current rule-making process to create enforceable civil rights for disabled students in higher education.     

American union law: Sources of conflict

Japanese union-management relations are reputed to be cooperative, while American union-management relations are perceived to be adversarial. This study examines three sources of the adversarial union-management relations in the United States: union history, the Norris-LaGuardia Act, and the Wagner Act, as amended. Union history is a tale of conflict between workers who wished to cartelize and other workers who wished to be independent. It is not, primarily, a tale of conflict between capital and labor. The Norris-LaGuardia Act institutionalized conflict, and the Wagner Act enshrined it. To improve American unionmanagement relations significantly, so that American firms can be more effective international competitors, it is necessary, though not sufficient, to repeal both pieces of legislation.     

A Note on the Operation of the Dissolution of Muslim Marriages Act, 1939

The Indian legislature is circumspect in introducing major changes in personal laws. The Dissolution of Muslim Marriages Act, 1939 was legislation that sought to allow Muslim women the right to divorce like their counterparts in Hindu and other religions. The intent of this article is to explore the progress of inclusion of fault grounds and nonfault grounds into the wording of the statute of the Dissolution of Muslim Marriages Act, 1939.     

Land of the Free,Home of the Brave: Voting Accommodations for Older Adults

Voting is a fundamental right for all United States citizens, one that usually continues for elderly people as long as they are alive. As adults age, certain issues regarding voting warrant deeper consideration than in previous years, especially those presenting as a result of impaired sight, hearing difficulty, dementia, or other special needs. What will happen to millions of men and women who have taken the right to vote for granted, but who gradually become immobile or physically impaired? What are states doing to help secure the enfranchisement of an increasing number of older adult voters? The purpose of this article is to address these issues by focusing on the following questions: What has been the historical nature of polling place accommodations for elderly people? What are states doing in terms of accommodating older voters at the polls while ensuring the integrity of the voting process? What effect has recent Help America Vote Act legislation had with regard to polling place accommodations? Our results indicate that accommodations for older voters are being made but are not yet at a level required to serve a rapidly aging population.     

Non‐compliance with India's Factories Act: Magnitude and patterns

While non‐compliance with legislation and regulations is said to be rife in developing countries, there is limited systematic evidence of the magnitude of non‐compliance. The authors quantify non‐compliance with India's Factories Act in 2010 and find that the number of non‐compliant firms is nearly twice that of compliant firms, and much larger than the number of firms “adjusting out” of the legislation. Thus, non‐compliance with the Factories Act is a key feature of India's “missing middle”. The main trends and patterns of non‐compliance are explored, and a number of key issues highlighted for further analytical and policy research.