Delay and Anxiety in Care Proceedings: Grounds for Hope?

This paper draws on an evaluation of a pilot project in three London boroughs (the ‘Tri-borough’ authorities) which had the aim of reducing the length of care proceedings to 26 weeks, in advance of nationwide moves in the same direction. Rather than looking at this as yet another battleground between professional autonomy and bureaucratic rigidity, the authors focus on the psychological aspects both of court delay itself and of setting time limits, considering the impact of each on the children, parents and professionals involved. The challenge is to balance the pressures of time and the need for thoroughness, being mindful of the uncertainty and anxiety that pervade care proceedings. The pilot succeeded in greatly reducing the average length of care proceedings. Professionals involved in the project, including those whose job was to represent the interests of parents and children, seemed satisfied that this had not been achieved at the expense of thoroughness, and indeed that shorter proceedings might help to reduce the overall level of distress and anxiety that children and parents endure. On the other hand, the new approach adds to the pressures on the professionals themselves. If the changes are to be sustained, the anxiety involved in making these life-changing decisions about children must be recognised, and adequate support offered to those who have to make them.     

The Administrative Hearing Experience:

Differential treatment of men and women by employers has recieved much attention in recent years. At the extreme, disparity in the treatment of women in the military, federal employment, institutions of higher learning and private employment has been identified, and remedial actions initiated through legal means instituted under various federal laws. Researchers have also investigated disparity in the treatment of men and women within the legal system, although most attention has been focused on criminal judicial processes. Non-criminal legal proceedings constitute an institution in which possible disparity in both the treatment and attitudes of women and men participants has not been fully analyzed. Administrative hearings comprise a large number of legal proceedings in which women claimants face primarily men hearing officers. Hearings involving unemployment insurance and welfare claims, and Social Security, provide the most likely confrontation women will have with the largely male dominated judicial system. This study compares both objective aspects of administrative hearings and claimants' perceptions of the hearings for men and women involved in unemployment insurance claim appeals. Interview data and quantitative analyses of apporximately 350 hearings conducted in a field experiment in New Mexico during 1980 provide the information for the analyses. The findings reported show that women claiments are more prone to lose in appeals than men claimants even when other confounding factors such as issues involved are controlled. Women claimants also tend to talk more than their male counterparts in the hearings. While patterns in questioning did not differ for women and men, women definitely talked more than men, although it did not appear to improve their chances of winning. In contrast to the striking differences in hearing outcome and the length of testimony provided by men and women claimants evaluations of the hearing experience were quite similar for the men and women. This exploratory research suggests that more work should investigate success rates of men and women in other non-criminal legal proceedings, and continue to test explanations for any observed differences in such rates.     

Representing children's views and best interests in court: an international comparison

This paper provides a comparison of a number of alternative models of international practice in relation to the appointment and organization of guardians ad litem and other children's representatives in child care and family proceedings. The paper notes that, in their attempts to address the need for children to have representation in matters affecting their welfare, English‐speaking countries have tended to conflate the two salient Articles of the United Nations Convention on the Rights of the Child, that is, Article 3, which deals with the child's best interests, and Article 12, which deals with their right to express their wishes and feelings. Where systems other than ‘stand alone’ legal representation have been put in place, the child's representative is charged with both assessing their best interests and, often as a secondary duty, communicating their views. The paper concludes that for some groups of children in public or private law proceedings, an advocate (rather than a best interest oriented guardian, and where necessary in addition to a legal representative) may enable better representation of the child in the courts and greater participation by children in legal proceedings, an increased role for children as citizens and a fuller implementation of their rights. Copyright © 2005 John Wiley & Sons, Ltd.     

Exploring Ways to Get Divorced Fathers to Comply Willingly with Child Support Agreements

Most public policy attention given to the child support issue has focused on the impact of involuntaly measures rather than the factors that may encourage fathers to comply willingly with their child support agreements. In this study of 255 divorced fathers, the researcher examines several possible predictor variables of child support compliance, including the divorce proceedings, type of child support agreement, custody arrangements, and frequency of the father's contact with his children. Fathers with shared physical and shared legal custody, and fathers having more frequent contact with their children, were more likely to be in compliance. The results strongly suggest that more attention should be given in divorce agreements to provisions that will enhance the father's involvement in the physical and decision-making aspects of his children's lives so as to increase the likelihood of his involvement in the financial aspects.     

Scriptes de la démocratie : les sténographes et rédacteurs des débats (1848-2005)

The history and sociology of a special group of civil servants are presented, namely: stenographers in parliament, an occupation closely tied to the history of parliamentary government in most democracies. During the xixth century, French stenographers proposed their services to legislative bodies. They tested and validated their theoretical systems and know-how while promising to contribute to a much higher public good: the publication of parliamentary proceedings, a necessity for defining and developing democracy. Following a system for recording proceedings that was close to the British liberal model, a corps of stenographers was established in 1848, and then again under the Third Republic-without interruption up till 2004. The duty of these civil servants was to produce the full, official account of parliamentary proceedings, which would serve as proof for the press and for history. Based on original material drawn from sociology and history, this inquiry seeks to see how institutions are shaped, produced and reproduced through the knowledge and deeds that incarnate values and shape institutions. Besides the publication of parliamentary proceedings, the technical, material and social conditions are discussed that led the National Assembly to become a political institution.     

Anticipating Law: Research Methods, Ethics, and The Law of Privilege

Our ethical obligation to protect the research confidentiality of individual participants is challenged when third parties use subpoenas in the context of criminal proceedings and civil litigation in an effort to order the production of confidential information. This paper discusses strategies researchers may employ in order to maximize their legal ability to maintain confidentiality in spite of those challenges. Use of existing statutory protections is the first choice, but these are available for only a subset of research related to health and criminal justice issues. In situations where statutory protections are not available, the Wigmore criteria may act as a guide for the design of research that maximizes researchers' ability to protect research participants by advancing a case–by–case claim for researcher–participant privilege. We discuss the legal basis for this conclusion and outline procedures that may be used to further strengthen confidentiality protections.     

The Effect of Social Class on the Adjudication of Criminal Cases: Class-linked Behavior Tendencies,Common Sense,and the Interpretive Procedures of Court-appointed Defense Attorneys

This article addresses some important issues concerning the effect of social class on criminal case outcomes. Although the findings reported here support Donald Black's (1989) argument that a defendant's relative social class effects the quantity of law applied to a criminal case, they also indicate that this influence occurs through actors' interpretive procedures. Specifically, one group of court-appointed defense attorneys link behavior tendencies to court actors characterized as different social class types. These behavior tendencies are expressed through the grammar and rhetoric of “common sense”—a knowledge system which is evoked throughout all types of judicial proceedings. The attorneys' expectations of court actors shape their behavior such that lower-class defendants are likely to endure a greater quantity of law. The article concludes with some suggestions on how researchers might reconsider studying the effect of social class on criminal case outcomes.     

Solicitors’ experiences of representing parents with intellectual disabilities in care proceedings: attitudes,influence and legal processes

This paper reports on an exploratory study of the role of solicitors acting for parents with intellectual disabilities (ID) in public law proceedings. The paper draws on in-depth interviews with 11 solicitors and a subsequent focus group in which the interview findings were presented and reflected on by six of the eleven participants. Two of the five themes that emerged will be discussed here. They are entitled ‘Attitudes and Influence’ and ‘Legal Processes’ and concern the attitudes and influence of those involved in assessing, supporting and representing parents with ID and the care proceedings processes encountered by parents with ID.     

Measuring the Prevalence of Sector-Specific Problem Gambling: A Study of Casino Patrons

This study is the first attempt to measure the prevalence of problem gambling attributable to a specific sector of the gambling industry. One thousand, one hundred and five casino patrons in 40 casinos in the UK were interviewed, face-to-face. Respondents were screened for problem gambling using a multiple response version of DSM-IV (DSM-IV-MR). The study found support for Eadington's (1988) hypothesis, that UK casinos could be largely sustained by regular players, among whom the prevalence of problem gambling is high. The study also found support for the hypothesis that, to the extent different gambling sectors are patronised by demographically different client groups, so the problem gamblers associated with them will reflect these client groups. The problem gamblers among the regular casino patrons were demographically distinct from the problem gamblers in the sample who showed a preference for other gambling forms. Other key findings support those found in other jurisdictions. Sector-specific prevalence studies may be the next step forward in epidemiological research on problem gambling. They have the major advantage of netting significantly more problem gamblers from much smaller samples than similar studies in the general population. They also have the potential to reveal the proportion of problem gamblers attributable to each sector, along with their demographic characteristics. Such information would result in more specific information being available for regulators seeking to minimise the social impact of problem gambling and those involved in the development of prevention and treatment strategies.     

The Need for Domestic Violence Laws With Adequate Legal and Social Support Services

Long overlooked by the law, the area of family violence is one of the most strident examples of the law's potential impotency when unsupported by strong enforcement procedures and serious re-education programs. The law, by itself, is simply a grouping of words and phrases, innocuous in and of themselves. A law must have the backing of the community for which it is passed. If it means a major change in the lifestyle of the people, concurrent services must be made available to facilitate that change. A domestic violence law without necessary support services involving medical, legal, psychological, economic, and child care needs may as well not exist at all. Even though most states have passed some recent legislation involving family violence, much more needs to be done in order to adequately implement those laws. The major thrust of this article seeks the development of comprehensive domestic violence programs which take into consideration all aspects of the problem.     

Risk and parenting assessments in child welfare court proceedings – a psychodynamic approach

This article discusses a court directed parenting and risk assessment of a mother who has a chronic history of trauma and abuse. It addresses the complex unconscious dynamics that need to be managed by social workers when working with parents in court proceedings regarding their children. Often such parents present with their own complex histories of trauma and abuse and despite their conscious intentions to do so this has contributed to their inability to provide adequate care for their own children. An understanding of the powerful unconscious processes in operation more effectively gauges the risk factors that such parents present. However, such cases and enactments on behalf of parents can be bewildering to social work practioners. This may potentially lead to the social worker feeling persecuted during the process, resulting in impulsive, unprocessed and poor decision-making despite their best conscious intentions. To mitigate these challenges there is discussion of the support needs required for social workers, who engage with such complex unconscious dynamics.     

Advances in the surgical management of prolapse

Prolapse is an extremely common condition, for which 11% of women will have a surgical procedure at some point in their lives. The recurrence rate after most of the traditional surgical procedures is high and upto 29% of women who have had surgery for prolapse will require a further operation. In order to improve the surgical outcome, there is currently much interest in the use of grafts to augment traditional repairs and new procedures have been developed using specifically developed grafts. These have been combined with minimally invasive surgical techniques in an attempt to reduce surgical morbidity. These procedures may improve the outcome of surgery for prolapse. However, there is currently a lack of long-term data from randomized trials to demonstrate their effectiveness and safety.     

从516份司法裁判文书看残疾人权益保障及其完善

通过梳理涉残疾人案件的司法裁判文书,可以发现残疾人通过司法诉讼寻求权益保护的整体概貌.面对残疾人包括健康权、生存权、公民权、政治权等权益诉求,涉及自然人、法人等多元侵权主体以及司法过程中支持性服务供给、经济成本耗费、裁判结果与预期等诸多问题,必须增强残疾人权利意识与维权能力,多角度、多渠道保护重点权利和规制侵权主体,构建立体的权利救济体系.     

Child witness support and preparation: are parents/caregivers ignored?

Over recent decades research has confirmed the sensible belief that to participate in criminal proceedings (that were designed for adults) child witnesses may benefit from support and preparation. This is so even in countries where special measures have been introduced to make it less arduous for children to give their testimony (e.g. closed circuit television to allow children to testify away from the actual courtroom; video recorded evidence‐in‐chief). Indeed, it could be argued that as more and more children provide testimony (e.g. as alleged victims or witnesses), the more comprehensive should be preparation and support programmes for them. However, while in some countries preparation and support programmes are now offered to such children, the needs of these children's (non‐offending) parents/caregivers seem to be ignored. This paper contends not only that these adults need preparation and support but also that the provision of this is likely to benefit child witnesses. Copyright © 2006 John Wiley & Sons, Ltd.     

Disability and Discrimination in Statutory Child Protection Proceedings

Families headed by parents with intellectual disability [1] are among the most vulnerable in the community. Poverty, social isolation and the lack of adequate support services all threaten their well-being. People with intellectual disability who are parents must also contend with out-of-the-ordinary treatment in statutory child protection proceedings. Legal scholars writing mainly in the North American context cite cases in which the children of these parents have been removed despite lack of evidence of abuse or neglect, or when evidence was refuted or, indeed, even when the parent was shown to be providing adequate care. In cases of substantiated abuse and/or neglect, support has not been given to the parent or parents before their children were removed. In this paper, we describe these discriminatory actions and discuss the political, social and institutional conditions that have lead to such extreme consequences for people with intellectual disability who also happen to be parents.     

The ASA survey of graduate programs: Some problems with unproblematic responses

The most remarkable finding of the American Sociological Association’s first survey of graduate departments in sociology was the striking similarity among programs in terms of course requirements, the number of credits, thesis requirements, and other formal procedures that lead to the M.A. and Ph.D. Moreover, when asked to identify problems with their graduate programs, respondents were much more likely to mention the quality of students and the shrinking of budgets than the content or organization of their programs. The authors suggest that the apparent absence of problems may in itself be a matter of concern for the discipline.     

Arranged Marriages as Support for Intra‐ethnic Matchmaking? A Case Study on Muslim Migrants in Germany

This article discusses the behavioural and institutional mechanisms that guide the matchmaking process of arranged marriages 1 amongst Muslim migrants in Germany and clarifies how this practice may influence ethnic homogamy. The focus is on general characteristics of arranged marriages rather than differences between diverse ethnic groups. The methodology is qualitative due to the sensitive and complex topic and the current state of research. Typically, the whole family is deeply involved in the process of arrangement, which consists of three stages (pre‐engagement, engagement, marriage). Thereby, the extension of parental scope of action by means of institutionalized admission procedures turns out to be vitally important. In consideration of the fact that mate selection takes place at the pre‐engagement stage, it is the most crucial. Furthermore, differences to other partner‐choosing processes are at their most distinct at this point, being responsible for the identification and labelling of this model as an arranged marriage. Selection criteria are mainly determined by the reputation of the marriage candidate and her/his family along with cultural features (such as belonging to a particular religious group, ethnicity or nationality). In our study, preferences for a cultural homogenous match were the most dominant ones. This inclination may cause the tendency towards transnational marriages when there are no suitable marriage candidates to be found in Germany.     

“Basically,I look at it like combat”: Reflections on moral injury by parents involved with child protection services

This study considers any “moral injury” occurring among parents involved with the Child Protection System (CPS). Moral injury refers to the lasting psychological, spiritual and social harm caused by one's own or another's actions in a high stakes situation that transgress deeply held moral beliefs and expectations. The existing literature focuses on military contexts, but moral injury also may play a role in increasing the vulnerability of CPS clients who are threatened with loss of their parental rights and dissolution of their families. We administered a modified version of the Moral Injury Events Scale (MIES) (Nash et al., 2013) to 10 CPS involved parents. We then conducted in-depth, semi-structured, audio recorded individual interviews with parents to elaborate their responses to the MIES. Parents' MIES scores and interview elaborations suggest that some CPS-involved parents do experience moral injury. Moral injury was reported as a result of their own parenting behaviors, but also as a result of parents' involvement with professionals and within social systems that are charged with providing assistance to struggling families. For instance, some parents perceived professionals to be shaming, social services to be harmful and legal proceedings stigmatizing. Parents' reported reactions to morally injurious events included lasting feelings of guilt, shame and anger; and loss of trust in professionals. These responses impeded their perceived abilities to fully engage in services. If involvement in CPS places parents at increased risk of moral injury, then moral injury is a critically important construct for child welfare policy makers and workers to understand and address in the conduct of effective, ethical child welfare practice.     

Support,social networks and the family in Portugal: two decades of research

This article presents two major surveys, carried out in Portugal, on the inclusion of families and individuals in social networks of support and affinity. The first, dating from 1999, sought comprehensively to reconstruct families' social networks by mapping effective support relations. The second survey, fielded in 2009–10, followed a family configuration perspective which sought to reconstruct individuals' networks of close relationships, and the issue of informal support only arose as providing further insight into the characteristics of personal networks. Both surveys will be analysed from a comparative perspective which, while stressing their different but connected conceptual orientations, compares each one's methodological strategies and operationalization procedures. Finally, the main results of each survey are outlined, leading to a brief discussion of the ways in which the two surveys complement each other.     

The impact of expert evidence on care proceedings

There has been an increased demand for expert child psychiatric opinion in child care cases where social services have instigated care proceedings under the Children Act 1989. However, there has been little evaluation of this work in terms of whether such a referral changes the care plan of the referring social work agency or the outcome for the child. This article examines the contribution to care proceedings of assessment reports completed by a child and adolescent forensic psychiatry team in respect of 37 consecutive child care cases. All of the assessments were presented to court and the information was collated once the proceedings were completed. Our findings indicated that the court followed the recommendations of the child psychiatric report entirely in 73% of cases. In addition, in 86% of cases the social service departments reported that they had gained confirmation of their professional opinion. In only 10% of cases did they change their care plan in response to the child psychiatric assessment. In conclusion, the results suggest that in most cases social service departments are using child psychiatry expert evidence merely to validate and/or lend support to their original care plans. Copyright © 1999 John Wiley & Sons, Ltd.