Emotional harm and neglect: the legal response

This paper reports on a study of the extent to which child protection applications brought to the Melbourne Children's Court in Victoria, Australia, were based on emotional/psychological harm or neglect of a child and what factors were presented as evidence of harm or neglect. The study examined records of 208 court‐ordered pre‐trial conferences heard in the court between February and July 2002. What was found was that, although cases involving emotional abuse have increased in terms of child protection applications, they remain cases that are difficult to decide. While in 1998/9 emotional harm was a ground in 25.7% of child protection matters completed in the Family Division of the Children's Court of Victoria, legal decision‐makers are reluctant to make a finding of child abuse in these cases because there is less accuracy in the determination of emotional harm and negligible legal criteria available to guide decision‐making. Copyright © 2006 John Wiley & Sons, Ltd.     

Family preservation and child protection: The reality of Children's Court decision-making

Abstract

Ainsworth and Maluccio (Australian Social Work, December 1998) drew attention to the increased use of kinship care for children who need care away from their parents. This paper discusses the aim of family preservation, on which kinship care is predicated, and the challenges for legal decision-makers to meet this aim when children are before the courts in need of care and protection. It draws from findings of a study of magistrates' decision-making in child protection cases (Sheehan 1999). The paper provides examples of family situations that typically confront the Children's Court in Victoria and the court's response to them as it attempts to balance the importance of family ties and the reality of risk for a child; a reality that challenges valued beliefs about families and their ability to always care for their children.     

The marginalisation of children by the legal process

A major study carried out in the Melbourne Children's Court, Victoria, Australia, during 1993–1995, of the factors that influence magistrates' decision-making in child abuse cases, found that magistrates relied more on their legal training and individual discretion than on information from the child protection service when making these decisions. Magistrates' emphasis on adversarial procedures meant that the need to establish the facts in a case was the court's primary consideration and that children's interests, and welfare concerns about them, were marginalised in the hearing of child abuse matters. The article reports on this aspect of the larger study: how the adversarial process ill serves the rights, and best interests, of children in the hearing of child abuse matters and provides case examples to illustrate this. The information is drawn from the qualitative and quantitative data gathered for the major study; data collected from the observation of court hearings, interviews with magistrates and court record analysis.     

Parental Imprisonment and Child Protection: A Study of Children Presented to the Melbourne Children's Court

Abstract

This paper reports on a study funded by the Criminology Research Council, Australia, which set out to investigate the intersection between the child protection and criminal justice systems and the extent to which children before the Melbourne Children's Court on child protection matters had a parent currently in prison, awaiting sentencing, or previously in prison. Magistrates identified 156 children as meeting these criteria during the study period June to December, 2006. Analysis of court records gathered quantitative and qualitative data about parents' offending, why the children had been brought to the attention of the court, and the health, welfare, and behavioural concerns the child protection service expressed about the children. There was no coordinated response by the child protection and justice systems to managing these children's situations. Early intervention and the development of child protection service protocols with the corrections system for children whose parents enter prison is essential, to better address the instability and disruption in care these children experience.     

Child Sexual Abuse Cases: Implementing a Specialist Judicial List

The damage done to children who are subjected to sexual abuse and the often lengthy delays in the resolution of these matters by the child welfare and legal systems is well documented. With this in mind, the Children's Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (the “D” List) as an intensive case-management approach to more effectively respond to child sexual abuse concerns. The evaluation of the pilot aimed both to review the effectiveness of the list in terms of court functioning, and to provide information about the nature of such cases coming to court, the ages and family circumstances of subject children, decisions made and factors associated with these decisions, and the challenges related to management of and decision-making about such cases. The success of the specialist list has seen it extended to regional courts, because it is a more effective approach to managing and deciding this complex class of cases.     

The Child Protection Clinic: A mixed method evaluation of parent legal representation

Providing parents with low incomes accused of child maltreatment access to quality legal representation is both a social justice issue and potential resource for improving their children's well-being. This mixed methods research evaluates a law school clinic which provides indigent parents with legal representation by law students supervised by experienced attorneys. Thirty-nine individuals knowledgeable about the clinic (12 court professionals, 5 law school faculty, 2 parent mentors, 11 students, and 9 parent clients) participated in in-depth, semi-structured, audiotaped interviews focusing on the quality of parent representation. Interviews were contextualized by extensive participant observation and document reviews. Quantitative analyses of administrative data focused on case outcomes identified by participants as desired during qualitative interviews: family reunification, timely case closure and children's placement with relatives. Outcomes for 19 children whose parents were represented by student attorneys did not differ significantly from those of a propensity score matched comparison group of 19 children whose parents were represented by fully licensed attorneys. Participants described clinic staff as providing strong legal counsel to parents, building positive attorney–client relationships, possessing positive personal characteristics, and providing a needed service to the broader community. Participants also identified areas for improvement including: educating parents around court procedures, and better cross system collaboration between child welfare and legal professionals. The Child Protection Clinic is a promising model for providing quality legal representation to parents involved with child protection in order to support child well-being.     

If Your Worship pleases: an Australian perspective on the role of the magistrate in child protection

This paper examines the hitherto unexplored role of magistrates in child protection. It reports on a series of interviews conducted by one of the authors with magistrates in the Family Division of the Melbourne Children's Court, Victoria (Australia) in 1993–1994. These interviews form part of a current, and larger, study of magistrates' decision-making in child protection. This paper critically examines the role of magistrates in planning for children in need of care and protection. Some of the questions that the paper poses include: do magistrates focus solely on judicial aspects or do they have a role in overall case planning for children? Do they have specific aims or objectives which influence how they deal with children who come before them? Do magistrates mostly agree with the recommendations which social workers put to them? Are magistrates subject to constraints which may not be understood by other professionals? The findings of the paper will assist in clearly defining the role of the magistrate in child protection, which has distinct advantages for all professionals who work in this complex area. The most appropriate outcomes for children can only be achieved when magistrates and other professionals work in partnership. © 1998 John Wiley & Sons, Ltd.     

The use of sociograms to explore collaboration in child protection conferences

The Strengthening Families child protection conference model attempts to empower parents' participation in conferences and to enhance collaboration between conference participants. This paper, which is part of a broader study looking at the implementation of the Strengthening Families model across a county council in England, UK, explored the use of ‘power’ and ‘mutual interaction’ in both traditional and Strengthening Families child protection conferences. Data was collected using sociograms which were recorded during observations of the two types of conferences. Sociograms were analysed in order to identify patterns in terms of ‘power’ and ‘communication’ together with the use of the ‘group cohesion index’ which enabled us to draw conclusions about the degree of interaction between conference participants.Findings indicated a difference between the use of power in traditional and Strengthening Families conferences. In traditional conferences the power was mostly static (held by the chair), and in the Strengthening Families conferences power was shifted from the leader of the collaboration (chair) to the people who administer the collaboration (conference participants). Also, in the Strengthening Families model more interaction between conference participants and better group coherence were evident; however, in both types of conference communication was limited between the professionals. Sociograms proved a useful method for exploring group dynamics in the context of child protection conferences. It is suggested that a broader understanding of the underpinning principles of the Strengthening Families model is needed to successfully empower parents' participation in conferences and to enhance collaboration between conference participants.     

Professional judgements and decisions on placement in foster care and reunification in Portugal

This study aims to analyse professional judgements and decisions made in the Portuguese child care system in face of a case vignette of child maltreatment. Using the approach proposed by Benbenishty et al. [(2015). Decision making in child protection: An international comparative study on maltreatment substantiation, risk assessment and interventions recommendations, and the role of professionals’ child welfare attitudes. Child Abuse & Neglect, 49, 63–75. doi:10.1016/j.chiabu.2015.03.015], we assessed the decisions of professionals, such as to place the child in foster care or reunify her with her family, on the basis of a series of judgements (e.g. substantiation of alleged abuse and neglect, risk assessments) that are influenced by the characteristics of the case, the decision-making context, and mother's and child's wishes. We conclude that there are different approaches to the case based on different professionals' attitudes that can be classified in two groups: one more pro-removal and the other anti-removal. These groups presented different risk assessments and intervention recommendations, and their decisions where significantly influenced by the mother's and child's wishes. Furthermore, we have done comparisons with studies made in other countries, concluding that the country context can be an important factor that leads to different outcomes. Implications for both practice and research are presented.     

“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.     

Why some Conferences are Difficult: a Study of the Professionals' Experience of Some Initial Child Protection Conferences

The views of 261 professionals attending 36 initial child protection conferences with parental participation were collected by means of a questionnaire. Overall, the professionals found the involvement of parents beneficial to the consideration of risk and the decision-making process, with some provisos. The data revealed that most of the negative responses arose from one third of the conferences, and that these conferences shared particular features relating to family profile and certain conference characteristics. The nature of the difficulties is identified and explored, especially with regard to the ambiguities and the uncertainties involved in risk assessments which contributed to the professionals, negative experiences, and which seemed to be heightened by the parents' presence.     

Parent-child supervised visitation within child welfare and custody dispute contexts: An exploratory comparison of two distinct models of practice

This paper aims to untangle the assumptions and goals of supervised visitation services in the child welfare and custody dispute contexts, through presenting a legal analysis and review of social science literature. There is confusion in the literature on the specific roles, duties and expectations of supervised visitation services in facilitating parent-child contact within child welfare and custody disputes. A framework is outlined for understanding supervised visitation services in general. The overarching tenets of these services are discussed, and the assumptions of safety, protection and parent-child contact are explored. The legal context of supervised visitation in Canada is outlined, specifically examining the ‘best interest of the child’ principle and comparing the legal backdrop of visitation in child welfare and custody disputes. The social science literature is then reviewed with the goal of discerning supervised visitation across child welfare and custody disputes. The limited research on outcomes for children and families after utilizing supervised visitation services is discussed. This paper concludes with cautions and considerations for policy and practice for supervised visitation in child welfare and family law contexts, as well as recommendations for both fields.     

Interests and Advocacy: Identifying the Role of Safeguarders in the Scottish Children's Hearings System

SUMMARY. ‘Safeguarders’ within the Scottish Children's Hearings have until recently been a neglected resource. The UN Convention on the Rights of the Child and the Orkney Inquiry have served to raise their profile, such that the development of their role now has a place on the agenda for change in Scotland. Some difficulties in identifying their current role in courts and hearings are discussed, and some changes are proposed. It is argued that safeguarders must be advocates of children's views as well as representatives of their interests. In certain cases they may fill a gap which avoids the need to bring legal agents into hearings, which would undermine the system.     

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.     

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.     

Improving Permanency: Caseworker Perspectives of Older Youth in Another Planned Permanent Living Arrangement

Researchers conducted focus groups with 52 child welfare caseworkers across five county child welfare agencies to understand their approach to working with and views about outcomes for youth in Another Permanent Planned Living Arrangement (APPLA). Analysis of the focus groups yielded five themes, including (a) youth and family factors contributing to APPLA as a case designation, (b) caseload intensity relative to this specific population, (c) perceptions of organizational support, (d) lack of focus on legal permanency, and (e) overemphasis on independent living services. The range of viewpoints from these child welfare professionals spoke to the complexities of addressing the needs for older youth in care and to identifying strategies to improve permanency outcomes for this population. The implications for practices that account for individual, organizational, and systemic factors impacting legal permanency for older youth are discussed.     

Child welfare clients and school satisfaction

Despite long-standing knowledge about child welfare clients' poor educational outcomes, we know less about these vulnerable young people's situation in school. This article addresses school satisfaction among upper secondary students who have been in contact with the child welfare services. These child welfare clients' school satisfaction is compared with their peers' satisfaction. The results from a survey indicated that the majority of child welfare clients were satisfied with school but that they were less satisfied with school than were their peers. The results showed that the association between school satisfaction and positive school experiences explains a large part of this difference. Among students who reported they were doing well in school, had supportive teachers and friends at school, the difference in school satisfaction between child welfare clients and others was small. Among students who did not report similar positive experiences in school, difference in school satisfaction between child welfare clients and their peers was more substantial. These results show that school can be a good place for child welfare clients, but that facilitating support from teachers, increasing opportunities for making friends at school, and working to develop the child welfare clients' academic performances are important as efforts to improve school satisfaction.     

Setting the agenda: social inclusion,children and young people

This paper was prepared collectively by participants of the third seminar in a series with the title Challenging ‘Social Inclusion’: Perspectives for and from Children and Young People. Three 3‐day seminars took place at the Universities of Edinburgh, Glasgow and Stirling in 2002–3 attended by academics, professionals from voluntary sector children's agencies, young people, representatives from central government and postgraduate students. Funding was provided by the Economic and Social Research Council (ESRC) and the Children's Society.     

中国儿童保护制度建设论纲

推进公权力对家庭育儿过程的干预,积极预防和有效应对家庭内的儿童虐待问题,是儿童保护制度的重要价值追求,也是现代国家的共同努力。中国在政治上高度重视儿童保护,并在法律层面为儿童保护制度的实践提供了基本框架,但儿童保护的相关法律规定不够健全、具体、可操作,儿童保护制度缺乏相应的社会政策与服务基础,缺乏有力的组织机构保障。我国儿童保护制度的发展,要在不断健全法制、强化组织机构的同时,致力于建立健全面向儿童及其家庭的监护监督制度、监护支持制度、监护替代制度等国家监护制度,发展并完善一系列儿童保护服务,全面落实国家之于儿童的监护责任。     

Police Attendance at Child Protection Conferences: A Reappraisal

SUMMARY. We now have over 16 years experience of child protection arrangements that include the attendance of police officers at child protection conferences. This article attempts to review that experience and critically assess the police role at conferences in the light of the Department of Health's Working Together, Particular attention is paid to the nature of information made available by the police to child protection conferences.