Recent legal trends in child sexual abuse cases: Direction for child protection workers

Considerable changes have occurred in criminal proceedings involving sexually abused children. As a result, perpetrators of child sexual abuse have been convicted more easily and sentenced to long prison sentences. However, a number of these convictions have been tainted and, thus reversed on appeal, based on either problems in the investigatory process or expert witnesses' exceeding the limits of proper testimony. Because many investigators and some expert witnesses were social workers, the author discusses recent decisions where appellate judges have criticized child protection workers' behaviors. By becoming familiar with cases such as these, child protection workers should gain a better understanding of the limits of their roles in the investigatory process and court proceedings. The result more likely would be that just convictions would be upheld by appellate courts, and falsely accused defendants would be spared the stigma of accusation, trial, and perhaps conviction.     

Seen and heard but how well informed? Children's perceptions of the guardian ad litem service

This paper is an account of a study which explored children's perceptions of the guardian and litem service and their experiences of public law proceedings. Whilst generally children felt positive about the service they received, in areas such as their attendance at court, who had access to the information they gave to their guardians, the arrangements made in regard to expert witnesses and the ability of guardians and the courts to influence care plans, a number of strong themes emerged. These are described and the implications of these findings for guardians and other professionals who practice in the field of family law are considered. Copyright © 2001 John Wiley & Sons, Ltd.     

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.     

Legal Parenthood and Continued Parent-Child Relationships—The Moral and Experiential Aspects of Parenting

ABSTRACT

This paper presents a construct of parenting which provides criteria for differential solutions in cases of child protection, i.e., confidential adoption, adoption with contact and out-of-home placements. It is proposed that the moral aspect of parenting be central in judicial proceedings regarding the protection of the child. In addition a distinction between the moral and the experiential aspect of parenting should be made. The presentation of this construct is based on the author's assessments of parents when acting as an expert witness to the court (in Israel), in three cases in which compulsory adoption was petitioned by the state. The assessment of the moral aspect of parenting is based on the parent's own evaluation of his/her own parenthood, and the assessment of the experiential aspect is based on the parent-child relationships with a particular emphasis -on the child's responses to the parent. This construct may allow experts to tread the fine line between assessing parents and accusing them and provides a base for negotiation between parents' conceptions of their parenthood and the court's.     

Child neglect and the law: catapults,thresholds and Delay

This paper discusses the dilemmas and challenges that arise when child neglect cases reach such a level of severity that court proceedings become necessary. It identifies the complexities of determining the appropriate social work and legal responses to child neglect, and of squaring these with wider organisational priorities and social policy imperatives. The paper draws on data from a series of interviews with local authority social work and legal staff. It highlights the ‘threshold criteria’ for the court's intervention, barriers to crossing them in neglect cases and the frequent need for a decisive event (a ‘catapult’) to do so. It shows the conflicts and tensions of reconciling social work and legal approaches, but also the overlaps and inter‐dependency between them. Despite the difficulties, the way forward lies in the interaction of different professional perspectives and skills, in ways that are both critical and supportive. Copyright © 2007 John Wiley & Sons, Ltd.     

The Child Client

In court cases involving children the child is often a party to proceedings and is thus entitled to Legal Aid and representation by a solicitor. This representation of the child happens not just in youth courts under the Criminal Justice Act 1991 but also in Family Courts in proceedings under the Children Act 1989. This article looks at how a solicitor ascertains whether a child client is competent to give instructions and offers information on the techniques employed by the solicitor in communicating with the child, especially in proceedings under the Children Act.     

Forensic evaluation for maternal reunification

1. Forensic evaluation reports provide an expert opinion including basis for the opinion and supporting research, if available. 2. Maternal protection of a child is evaluated by past and present behavior. 3. Risk assessment factors for child abuse include child characteristics, caregiver characteristics, parent-child relationship, severity of child abuse, chronicity of child abuse, predator access, and social and economic factors.     

Emergency department social work in the UK and Sweden: evaluation by older frequent emergency department attenders Kuratorsarbete på akutmottagning i förenade kungadömet Storbritannien och Sverige: en utvärdering utifrån brukarperspektivet hos äldre mångbesökare på akutmottagningen

Social work based in hospital emergency departments (EDs) in Sweden and the UK reflects a wider European social/health care policy trend. A key focus is on diverting older frequent ED attenders from ‘inappropriate’ hospital re-attendance or emergency admission, because of social care problems. However, previously there has been no evaluation of the significance of ED social work for health and well-being, from the standpoint of older frequent ED attenders themselves. In a preliminary way, our paper provides this through drawing on a small scale Swedish/UK study. Its comparative account of service user feedback underscores the importance of ED social work as a facet of European social work. It indicates that ED social work contributes to the quality of care within emergency departments, acts as a key access point to social services, and can promote both short and longer-term health. At the same time, some serious shortcomings emerge. These include under-developed referral systems, and limitations to community based services following ED social work assessment, which reflect the under-resourcing of social care provision in both countries. Moreover, service users’ experience in both Sweden and the UK reveals the risk of ED social work with older frequent ED attenders being used as a substitute for follow-up medical/nursing care when that is also required.     

Children's Challenges to Efforts to Save Them: Competing Knowledges in the Child Welfare System

The child welfare system is founded on a belief that children are sometimes endangered by their parents or caregivers and must be saved by agents of the state. Children are perceived as objects to be saved, but they are rarely seen as active strategists in their interactions with child welfare system social workers. Using ethnographic data collected during observations of social workers and juvenile court proceedings, this article shows how children have their own complex understandings of state intervention and strive—to varying degrees of success—to contest official views of their lives and provide competing forms of knowledge. Specifically, children attempt to rework state actors' perceptions of their families and familial problems, use state actors as an audience for their versions of their lives, and attempt to mobilize state power for personal or material gain.     

Psychological homelessness; A clinical example

Abstract

In England and Wales nearly 100,000 children are in the care of local authorities. Many of them will have suffered from inadequate, often grossly inadequate, parenting and will consequently be psychologically damaged. Without considerable help they are likely to become extremely disturbed adults, a burden on health, social and prison services, and with little capacity to be parents themselves, thereby repeating the pattern in future generations. But those who control our health and social service resources seem unwilling to look ahead, and the plight of the psychologically homeless child is therefore not seriously addressed. The staff of children's homes are often inexperienced, inadequately trained, given no psychiatric back-up, and paid the pittance which presumably reflects the very low value put on their vital work by society. The intensive psychotherapeutic treatment that, in addition to good enough substitute parenting, could make some lasting impression on the distortions of character typical of the emotionally traumatised child, is available for only a negligible number. The child described below showed the sort of personality disorder commonly found in such children, but was one of the few to receive sufficient help to make some difference to her character and to her future psychiatric health. 100,000 children (D.H.S.S., 1982) are in care in England and Wales, the majority of them in children's homes or foster homes, because they do not have parents capable of providing for their physical or emotional needs.     

Child welfare workers go to court: The impact of race, gender, and education on the comfort with legal issues

This study examines perceptions of 425 public and private agency child welfare workers from one state in terms of their level of comfort with the court work components of their jobs, at baseline, which is after their initial training but before beginning their child welfare work, and again after six months on the job. Bivariate and multivariate analyses were undertaken. Bivariate analyses reveal that being older and male were associated with higher court comfort levels at baseline and at six months. Being white was associated with higher comfort levels at six months. In addition, private agency workers were more comfortable with court at baseline and six months. Workers with a social work education had higher court comfort levels at baseline and six months, when compared to those with criminal justice or other education. In the multivariate analysis, there were no significant differences in level of comfort with court work based upon worker characteristics at baseline. However, at six months on the job, predictors of comfort with child welfare work were being white and being male; having a social work education approached statistical significance. When change in comfort level was examined, the only significant positive predictor of court comfort was having a social work education.     

Assessment and intervention in cases of suspected ritual child sexual abuse

Agency workers have been heavily criticized over their handling of alleged ritual child sexual abuse cases, particularly in respect of their assessments and interventions. However, a study of referrals to police and social service departments revealed that agency workers raised suspicions of ritual abuse in respect of both child ‘victims’ and adult ‘survivors’ very rarely. Furthermore, they did this only after an assessment which showed the cases to possess a number of ‘troubling’ features. While agency workers believed that all the child ‘victims’ had been subject to serious sexual abuse, virtually all of them were circumspect as to whether this had occurred in a ‘ritual’ context. Initially, agency workers were generally open-minded as to the experiences of adult ‘survivors’, but by the end of their assessments, they tended to be more concerned about their mental health and less concerned about issues of ritual abuse. Finally, agency workers appeared to act appropriately in terms of the types of intervention they used and the way in which they applied these. These results suggest that there should be more confidence in the ability of agency workers to respond to cases of alleged ritual abuse. Copyright © 2001 John Wiley & Sons, Ltd.     

Healthcare professionals' priorities for child abuse educational programming: A Delphi study

Child abuse reporting and intervening are a complex process. A comprehensive training program with targeted goals and priorities enables professionals to effectively address the needs of abused children and their families. The study purpose was to identify the content and priorities of health professional education in child abuse by integrating expert opinions and achieving consensus. A 3-round Delphi study was conducted with 25 multidisciplinary experts in health care, social welfare, psychology and counseling, and law and jurisdiction. Structured questionnaires collected expert opinion of appropriateness and importance of knowledge, subjective norms, attitudes, skills, team collaboration and teaching strategies. The expert response rates ranged from 96 to 100% for the 3 rounds, and consensus was achieved. Knowledge was regarded as the most important element. Two items on forensic evidence in the skill category received the highest importance score. Results provide a basis to develop educational programs achieving clinical competence in child abuse care.     

Ethical dilemmas in evaluating programs with family court related clients

Two ethical dilemmas are discussed; breaching client confidentiality in order to intervene in the client's illegal behavior, and defining the role of evaluator as expert witness. The evaluation context concerns a combined program development and evaluation project with clients involved in family court proceedings for child abuse or neglect. Different perspectives, approaches, and experiences in resolving each dilemma are reviewed. The conclusion argues that approaches to ethical dilemmas in evaluation projects must go beyond techniques to disguise data, to include an assessment of the values and value commitments connected to the different roles an evaluator must perform.     

Messages to Social Work Education: What Makes Social Workers Continue and Cope in Child Welfare?

This article examines the positive elements which make social workers continue their career with a focus on statutory child welfare. Such analysis is needed, as existing research tends to highlight stress, exhaustion and career break-up issues. The empirical data consist of focus groups of 28 social workers and a questionnaire addressed to 56 professionals in child welfare in two Finnish urban municipalities. The focus groups were targeted at novice, expert and veteran social workers. The analysis presents organisational, person-related and client-work-related positive elements from the point of view of social workers. The results highlight that social work in child welfare may be experienced as being rewarding and professionally challenging. The positive elements vary among novice, expert and veteran social workers, with the latter especially viewing their work as independent expert work with major opportunities to make a change in children's lives. Commitment to care of children is one of the key motivating factors. The study suggests that social work education should recognise that the subjective motivation to do social work may change during one's career and that social work may be simultaneously both stressful and rewarding. Students should learn how to balance these aspects of their work.     

Child Psychiatry in the Chinese Setting

This article introduces the history and social background and describes the present situation of child psychiatry in China. Certain Chinese social, political and cultural issues are explored, as the one-child policy and the Chinese family structure. Numerous currents of thought coexist in Chinese child psychiatry. Four examples of mental health disorders in child and adolescent psychiatry and their treatments in the Chinese public health care system are described (attention deficit hyperactivity disorder, anorexia nervosa, posttraumatic stress disorder and internet addiction).     

Case workers in family court: A therapeutic jurisprudence analysis

This study explores interactions between judges and caseworkers in child maltreatment cases. We examined the extent to which judges demonstrated therapeutic jurisprudence principles (TJ) in their courtroom interactions in light of past findings linking such practices with positive outcomes. Ninety-four child maltreatment proceedings were observed over a one-year period between 2012 and 2013. We found that while some judges created respectful, empathetic, and supportive environments that included caseworkers, other interactions were more negative. Although caseworkers had the most knowledge of, and experience with families, their participation was limited, and conversations were often directed through the attorneys. Shaming rituals also occurred, with judges criticizing workers for the quality of their work, the slowness of the bureaucracy, and other deficiencies. The findings highlight the importance of applying the principles of TJ to all court actors, especially in the family court milieu, where courtrooms are populated by a team of professionals who share the common goal of rehabilitating families when appropriate.     

Representation of children's views in court hearings about custody and parental visitations — A comparison between what children wanted and what the courts ruled

PurposeFollowing the UN convention on the rights of children, a shift in policy towards greater emphasis on child participation in child protection case processing has occurred. A growing body of research has emerged concerning participation processes in child protection cases and the experiences of children in child protection cases. Very few studies have looked into if and when children get what they want, however. The aim of this study is to assess children's views about living arrangements and visitations in dependency court hearings and to compare these views with the rulings of courts.MethodThe study uses a retrospective cohort design. Cases where child welfare board rulings are in line with the wishes of children are compared to cases where rulings differ from the wishes of children. Data were collected from regional social welfare board archives. The study included 151 cases that were randomly drawn from a total population of 2481 cases. Simple and multivariate logistic regression was used to identify factors associated with the rulings being in accord with the child's wishes in each sample case.ResultsA child advocate was appointed in almost 95% of the cases (n = 142). Fifty-nine percent of the children did not want a change in care. Rulings about care were in line with the wishes of the child in 39% of the cases. Rulings about care were most likely to be what the child wanted, if the child was presently living in public care and did not want to move. Children wanted more visitations with their mothers in 60.5% of the cases and with their fathers in 39.8% of the cases. Whether children wanted more visitations with their mothers was associated with more visitations being granted. What a child wanted was not associated with the ruling on visitations with the child's father.ConclusionThe impact of children's views on visitations on dependency court rulings depends on what a child wants and how these desires coincide with what is proposed by child protection services. Children's views can be quite effective in blocking certain decisions but are less effective if the child requested a specific change. If a child does not want to stay with his or her birth parents, then the odds that the birth parents will be granted custody is minimal.     

Parental substance misuse and child protection in a British sample. A survey of children on the child protection register in an inner London district office

The relationship between parental misuse of alcohol and/or illegal drugs and child maltreatment has received considerable attention in the USA, while comparatively few British studies have been published. In both countries, research suggests that it is a large and growing problem and that it has a significant negative impact on children. This study looks at 50 families with 95 children on the Child Protection Register (CPR) in an inner London area through an examination of files and social workers' rating of parental substance misuse as a child protection concern. Parental substance use, as defined by social workers, was considered by social workers to be a cause for concern in 52% of families. Alcohol (in 24% of families) and heroin (in 16%) were the main substances of concern. Substance misuse was strongly related to neglect and cases were twice as likely to be subject to care proceedings. Very little involvement of substance misuse professionals in child protection procedures was found. Different profiles of social work concern were found for alcohol and for illegal drugs. Reasons for this difference and areas for further research are discussed. Copyright © 2000 John Wiley & Sons, Ltd.