Homeless and financially dependent adolescents as clients of a family agency 1

A wide range of issues are explored that are identified by incarcerated mothers during their participation in a Family Reunification Group at a prison for women. They include concerns regarding parent–child visits; lack of communication by child welfare social workers, attorneys, foster parents, and other caregivers; the Adoption and Safe Families Act (ASFA); lack of finances; past and present unresolved trauma issues; and the absence of notification of scheduled court hearings. This article also provides an in-depth look at how a group therapist established a therapeutic alliance with varied women in the group over a period of 5 years (2008–2013) and maintained a sense of professional self in this controlled setting. Finally, the implications for clinical social work practice and social work education are presented. Confidentiality is ensured with the use of de-identified case composite clinical material.     

Rights to special services for people with developmental disabilities in Sweden: The risks and benefits of a legislative approach

Several major pieces of legislation in Sweden have been developed and enacted during the twentieth century to enable people with disabilities to live as normal a life as possible. The legal instrument is not supposed to depend on political economic trends. Important changes in the new Act on Special Services for Developmentally Disabled Persons from 1986 include qualitative demands and the right to self-determination for these individuals. The special services covered by the law are called social rights. The implementation of these rights is under the jurisdiction of politically appointed councils in counties or municipalities. The decisions made by these authorities can be appealed in administrative courts. Judicial review is supposed to be an instrument for the protection of citizens from the authorities responsible for services. In theory, at least, when one disabled person wins a case in court, the precedent should trickle down to all individuals in similar predicaments. But this does not always occur. One problem is that the law has no sanctions to force local authorities to follow the precedents or to execute court decisions. This article focuses on the Act and on the interplay between court cases and precedents and the decisions made by local authorities.     

A court file analysis of child protection cases: What do children say?

Children's participation in legal proceedings affecting them personally has been gaining importance. So far, a primary research concern has been how children experience their participation in court proceedings. However, little is known about the child's voice itself: Are children able to clearly express their wishes, and if so, what do they say in child protection cases? In this study, we extracted information about children's statements from court file data of 220 child protection cases in Germany. We found 182 children were asked about their wishes. The majority of the statements found came either from reports of the guardians ad litem or from judicial records of the child hearings. Using content analysis, three main aspects of the statements were extracted: wishes concerning main place of residence, wishes about whom to have or not contact with, and children granting decision‐making authority to someone else. Children's main focus was on their parents, but others (e.g., relatives and foster care providers) were also mentioned. Intercoder agreement was substantial. Making sure that child hearings are as informative as possible is in the child's best interest. Therefore, the categories developed herein might help professionals to ask questions more precisely relevant to the child.     

指定辩护探析

辩护权是国家赋予被告人保护自己合法权益的一种手段。指定辩护是人民法院对一些特定情况下的案件或者某些特殊被告人当他们自己没有委托辩护人时 ,而为他们指定辩护人 ,出庭辩护。我国刑事诉讼法对指定辩护的适用范围及承担指定辩护的人均做了较为详细的规定。但在司法实践中这一制度的贯彻执行仍存在一些需要解决的问题 ,在法制不断健全的进程中 ,完善指定辩护制度是必要的     

Some differences between neurotic delinquents and other neurotic children 1

The Adoption and Safe Families Act (ASFA) neglects the clinical implications of permanency planning decisions for foster care children. The resulting decisions can undermine children's attachment-based treatment progress. The intersection of policy and practice with foster care children raises issues of ruptured attachments, communications between therapists and the larger macrolevel systems, the role of the therapist in the permanency decision process, and the impact of permanency decisions on treatment. An improved policy would promote greater coordination between clinical and court processes and would expand the criterion for permanency planning decisions to include the clinical needs of families.     

Individual rights and collective obligation. Compulsory intervention towards substance abusers in Norwegian social law

This article focuses on an important duality in the modern welfare state: the will to help our fellow citizens through institutionalized welfare policies, and the danger of violating individual liberty and integrity. Individual rights of self-determination and integrity are important values of the liberal constitutional government (the Rechtstaat). Our collective ethical obligation to help those in need is an important value of the welfare state. With respect to compulsory intervention towards adult and under-age substance abusers, the possible tensions between these values are particularly visible. The legal foundation for such efforts in Norwegian social law is discussed with regard to different ethical and moral principles. The main questions are how compulsory interventions are justified and how different principles are weighted in positive law. The ethical principles of collective obligation and the moral principle of individual rights are differently balanced in the Child Care Service Act and the Social Service Act. Both acts, however, expose the problematic combination of solving social problems by the use of force and securing individual autonomy and integrity.     

Drink-Drivers and the Judicial Process: An Analysis that Relates to The Defendant's Perspective

By making ‘meaning’ the focus of study this paper offers a novel way of understanding the legal prosecution of drink-drivers: the analysis relates to the defendant's perspective. Data were derived from observations of hearings in a lower criminal court in Western Australia, and interviews with 66 individuals who appeared on drink-driving charges. The findings emphasise the significance for the accused driver of the pre-court procedures. It is demonstrated that whilst most drink-driver defendants plead guilty because they accept their guilt, their decision on the plea is constrained by their desire to minimize the various costs associated with judicial procedure. The question of whether or not the present system of processing drink-drivers protects the interests of the accused merits further investigation.     

Protecting children in Scotland: examining the impact of the Children (Scotland) Act 1995

This paper discusses findings from a small‐scale study of the impact on child protection practice following implementation of the Children (Scotland) Act 1995. The Act introduced three new measures to allow the state to intervene in families to protect a child where there is a risk of significant harm. These include the child protection order, the child assessment order and the exclusion order. The child protection order provides for the removal of a child to (or his or her retention in) a place of safety. In the first two years of the operation of the 1995 Act fewer applications were made for this order compared with similar provisions under the previous legislation. This reduction in applications appears to be related to unfamiliarity with new legislation; greater scrutiny resulting from the more formal application to the sheriff court; and the introduction of a new legal criterion for intervention, the presence or likelihood of ‘significant harm’. The introduction of the ‘no order’ principle into Scottish child care law is also likely to be a factor.     

Charity Law in England An Overview

Charities have existed as a legal form of organization in England for over 400 years. This paper provides an overview of charity law and regulation in England from a non-legal perspective. It examines the principles underpinning charity law; the role of the charity regulator; and some of the recent changes contained in the Charities Act 2006.     

Custody and Counselling Under The Australian Family Law Act 1975 — Some Sociological Observations

Because the counselling provisions of the Family Law Act are such significant innovations with far-reaching consequences, their periodic evaluation is mandatory. Drawing on the experience of the author in a custody case, the paper provides an analytic and sociological interpretation of the functioning of the Counselling Section. The paper looks not only at the interaction of different types of counselling—access, conciliatory, evaluative, adjustment — as they succeed one another in the career of a case, but it attempts to show where there are potential strains and difficulties within the system. The concluding sections consider relationships among principal processes surrounding custody: the counselling process; the adversarial process, as it is exemplified by the legal profession; and the adjudicatory process, as it is exercised in custody hearings.     

Regulating child care: from the Children Act 1948 to the present day

This article reflects selectively on the development of the legal regulation of child care practice in England and Wales since the Children Act 1948. Two main themes are identified: the burgeoning burden of the statutory responsibilities of local authorities throughout the period, and the controls more recently imposed on the discretionary exercise of statutory powers. The impact of the latter on particular areas of practice is discussed within the context of the growing influence of international treaty obligations, the concept of children's rights, and the outcomes of research on the legal framework of child care practice.     

The reform and development of old age pension policy in China

Despite the anticipation that the legal system would be able to offer a civilized and institutionalized means in settling the infringement of homeowners' property and consumer rights, empirical evidence has instead indicated a decline in the employment of litigation in dispute resolution. This paper attempts to examine the complex interaction between the rule of law and homeowner activism in upholding their rights. Information on property related litigation was collected from online court rulings in Shanghai which is supplemented with in-depth interviews with homeowner activists who were involved in litigation. In this paper, the rule of law in China is analysed within a wider socio-political context of neighbourhood governance and the emerging civil society. Despite the inadequacy in the legal system in protecting homeowners' rights, empirical evidence has shown that homeowner activists have explored the legal system, not just as a means of redress but also to employ creatively as part of their action strategy in settling their problems outside the court.     

Institutionalized Ambivalence: Social Work and the Children and Young Persons Act 1969

Summary Partly through political ambivalence, partly through internalcontradictions, the Children and Young Persons Act 1969 hasfailed to reconceptualize the relationship between justice andwelfare in the juvenile court. The social work role is now characterizedby the potential for role conflict and inappropriate exerciseof discretion. Nevertheless, it is argued that the Act raisesissues which must be addressed and the capacity of the ‘backto justice’ movement to do so is critically assessed.     

Value-based issues and policy change: Medical assistance in dying in four narratives

In 2014, Québec became the first province in Canada to allow medical assistance in dying (MAID) by adopting the Act Respecting End-of-Life Care. This was, and still is, an important policy change. It involves a singular and highly moral issue that generated debates spanning over a longer period than that specific to the law's development and adoption. Using French and English newspapers' renderings of these debates in Québec between 2005 and 2015, this study deconstructs MAID's journey in the province into four periods, each characterized by a specific narrative: flexible precaution, legal hypocrisy, accountability imperative, and ineluctable adaptation. These four narratives allow us to better understand MAID's framing process as they reveal the underlying rationales of three overarching frames covering the 2005–2015 period: the legal frame, the social progress frame, and the service provision frame.     

Elderly Victims of Family Abuse,Neglect, and Maltreatment:

Analysis was conducted on 30 cases of elder abuse, neglect, and maltreatment of the elderly seen by attorneys in a legal aid agency in Detroit between 1979 and 1981. The data were collected as part of a larger study of elder abuse cases seen by a variety of agencies in the Detroit area. Analysis revealed that most of the victims suffered from more than one type of abuse or maltreatment. As might be expected, the most common type of abuse seen in the legal aid agency was financial abuse. The study also showed that a legal agency can provide a type of service other agencies cannot provide. These services include: court actions, non-court actions which require the service of a lawyer, and non-legal actions in which an attorney can bring about action through the perceived threat of court action.     

Critical Commentary: Who Decides Now? Protecting and Empowering Vulnerable Adults Who Lose the Capacity to Make Decisions for Themselves

The implementation of the 2005 Mental Capacity Act in Englandand Wales heralds a new era for social work practitioners andresearchers. Protecting and empowering vulnerable adults—animportant element of adult-care social work—relies ona legal framework that attempts to balance adults’ rightswith the desire to protect them. The new Act is part of thatframework, addressing the fundamental issue of when and howdecisions can be made on behalf of people who lose decision-makingabilities (‘capacity’). The Act encompasses themeaning of incapacity and best interests, advance directivesconcerning treatment, managing people’s affairs and makingdecisions for them, overseeing the delegation process, and research.In explaining how the Act addresses some of these challenges,the article alerts practitioners and researchers to the keyareas in which the Act will make a major impact.     

Managing in the Trenches of Consumer Care: The Challenges of Understanding and Initiating the Advance Care Planning Process

To better understand how community-based long-term care providers define advance care planning and their role in the process, we conducted 8 focus groups with 62 care managers (social workers and registered nurses) providing care for Ohio's Medicaid waiver program. Care managers shared that most consumers had little understanding of advance care planning. The care managers defined it broadly, including legal documentation, social aspects, medical considerations, ongoing communication, and consumer education. Care managers saw their roles as information providers, healthcare team members, and educators/coaches. Better education, resources, and coordination are needed to ensure that consumer preferences are realized.     

俄罗斯20世纪90年代法学思潮述评

俄罗斯 90年代的法学思潮 ,集中表现在对法的理解上 ,伴随着前苏联改革及其解体后俄罗斯的社会转型展开和演进。总体上说 ,俄罗斯法学界在对待法的问题上 ,主要有三种思潮 :自然法 (道德 )的、社会学的和规范主义的。前期注重法的内容 ,忽视法的形式 ,夸大国家权力的消极方面 ,强调法与法律的区别 ;通过法与国家关系的探讨和实践总结 ,后期兼顾法的内容与形式 ,正视国家作用的观点成为主流。文章拟从 90年代前期和后期俄罗斯法学研究的不同侧重来揭示这一时期的法学思潮。     

Coercion and justice: a critical analysis of compulsory intervention towards adult substance abusers in Scandinavian social law

Compulsory interventions towards adult substance abusers have a long tradition in the Scandinavian countries. Attitudes towards such controversial measures have changed during the last decades, and currently all three countries (Denmark, Norway and Sweden) emphasise individual autonomy and integrity as the basic principle in social law. In this article justifications of compulsory interventions are analysed on the basis of three general principles of justice: the liberal Principle of Autonomy, the Principle of Care and the utilitarian Harm Principle. A critical approach towards the weighting of these principles is applied in the discussion of the legal foundation of compulsory measures in the Norwegian, Swedish and Danish social laws.