Crossover Children: Examining Initial Criminal Justice System Contact Among Child Protection-Involved Youth

ABSTRACT

Child protection-involved youth face increased risk of criminal justice system contact. Such “crossover children” experience earlier police involvement and more serious criminal justice sanctions, yet little is known about their early offending. Using a cross-sectional sample of 300 crossover children before three Victorian Children's Courts in 2016–17, this mixed-methods study examines the nature and context of children's initial police charges. Findings indicate that crossover children are initially charged with disproportionately violent offending, and often incur first police charges around the time of initial care placement. For many, initial criminal justice contact occurred in the context of conflict with caregivers, ongoing maltreatment, and household adversity, or emotional and behavioural regulation challenges. Efforts towards preventing offending for child-protection-involved youth should focus on preventing childhood maltreatment, alongside targeting parent–child relationship challenges, and strengthening community and care system responses that address the impacts of complex trauma, mental health problems, and neurodisability.

IMPLICATIONS

• Compared to all sentenced children, those from statutory child protection backgrounds are charged with more serious offending at their first criminal court adjudication.

• Among “crossover children”, earlier police charges were seen for Indigenous children, those experiencing greater cumulative maltreatment, and children with emotional or behavioural challenges related to trauma, mental health, and neurodisability.

• Crossover children are most often first charged by police in the year before, and after, their first out-of-home care placement.

     

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.     

Power and Child Protection: The Need for a Child Welfare Service Users' Union or Association

Abstract

This paper reports a study in which parents who had received child protection intervention set out to develop a “Service Users' Guide” to help parents newly receiving intervention better understand and cope with the process. The study took place in Ontario, Canada between 2004–2009. Ninety-five parents took part in 13 focus groups and 20 individual interviews. A mix of Participatory Action and grounded theory methods were used to enable parents to develop their service uses guide. As the study progressed it quickly became evident that the biggest issue parents face when receiving intervention is an imbalance in power between themselves and workers. This paper describes the problems this power imbalance causes for parents and presents a potential solution suggested by parents themselves – the development of a child welfare service users' association or union. Parent's ideas about why this association is needed, how it could function, and the benefits it might bring, are discussed. The paper concludes by reviewing the benefits a service users' association might bring not only for those receiving child welfare intervention, but all social work services.     

Slipping through the cracks: Examining the realities of a child-friendly prison system

IntroductionThe health effects for children with incarcerated parents, and methods to improve children's experience of the justice system, are under-researched areas. While some work has been done to illuminate these concerns, practical implementation of a “child-friendly prison” has been slow.AimsA Health Directorate-funded project examining children's interactions with the Australian Capital Territory (ACT) justice system was conducted in 2013, which made a number of recommendations. The current study sought to examine the ongoing impacts of parental incarceration for children in the ACT and follow up on the recommendations.MethodsSemi-structured interviews were conducted with seven key stakeholders with a relationship to the research area. The interviews were summarised, and a thematic analysis was carried out to identify relevant ideas. Results from recent Detainee Health and Welfare Surveys were used to estimate the number of children affected.ResultsThe findings from the interviews concluded that little action was taken in response to the original report, that children's rights and agency were compromised, that the prison lacked accessibility, that consistent and individualised information should be provided to affected children, and that a previously operational homework program should be reinstated. Model facilities were identified.ConclusionThree broadly-applicable recommendations were made in response to the data from the surveys: increasing accessibility of public transport, the establishment of a child liaison officer at prisons, and maintaining extended family visits.     

Disparate Juvenile Court Outcomes for Disabled Delinquent Youth: A Social Work Call to Action

Current service delivery for at-risk youth is through four separate systems: special education; mental health and substance abuse; juvenile justice; and child welfare. Many youth (and their families) are involved with more than one of these systems, making early disability identification and subsequent systems coordination paramount in leading to more successful juvenile court outcomes. This coordination is an important and prioritized public policy concern because a majority of youth (disproportionately minority) within juvenile justice populations has been identified with mental health disorders, special education disabilities, or maltreatment histories. This study of a unique sample of probation-supervised delinquent youths (n = 397) identifies these disabilities and their corresponding court supervision, detention, and incarceration outcomes for a 48-month period in Cuyahoga County, Ohio (greater Cleveland). Within this youth sample over 32% had a special education disability, over 39% had a mental health disorder, over 32% had a substance abuse disorder, and over 56% were victims of maltreatment. Even higher disability rates were found for those youth who were subsequently detained or incarcerated. Many of these youth had multiple disabilities (and subsequently poorer juvenile court outcomes) and were concurrently involved in more than one disability service system. Policy and client services implications are reviewed and discussed.

Child Protection and Child Custody

Abstract

A child'S need for safety should trump any and all other considerations in family law. Child-service agencies cannot be expected to both promote reunification and child protection simultaneously. The author asserts that legislatures need to change the laws such that it is clear to the court that children come first and that safety is paramount. Although visitation between child and parent is considered to be a fundamental right, this right can and should be abrogated when initial evidence shows that such contact poses a risk of danger to the emotional or physical health and safety of the child. A new and specially trained court dealing only with issues of family violence and abuse may need to be considered.     

A qualitative data analysis: family victim advocates in child advocacy centers

ABSTRACT

Family victim advocates in child advocacy centers provide a valuable resource to children and parents involved in child abuse investigations. This work requires that family victim advocates be knowledgeable in such areas as child development, crisis intervention, community resources, family relationships, child welfare and criminal justice systems. Because family victim advocates provide essential services to parents and caregivers, the role requires ongoing training and education to remain current on the ever-changing complexities of working with not only the children and families but also the criminal and child protection systems responsible for investigating these cases. The current study reports the findings from a nationwide survey of family victim advocates employed in child advocacy centers related to their motivation for doing the work as well as their perceptions of their training and potential training needs. A group of doctoral students comprised the research team and worked collaboratively under the supervision of university faculty to conduct the qualitative data analysis. The findings describe the characteristics and motivations of family victim advocates working in child advocacy centers and emphasize the need for more advanced trainings that focus on skill-building and strengths-based practices utilized to support children and parents in child abuse cases.     

Alternative Dispute Resolution in Child Protection Matters: The Victorian Experience

Abstract

Pre-hearing conferences were introduced in 1992 into the Family Division of the Children's Court, Victoria. Pre-hearing conferences take place when there is a dispute between the Child Protection Service and the child's family about the need for statutory intervention in their family's life. The conference is held prior to any formal hearing so that the family, their legal representatives and the welfare authority can see whether they can negotiate an agreement about a child protection order. The present paper sets out the findings of a study of 208 pre-hearing conferences held in the Melbourne Children's Court from February to July 2002. The study found that the quality of legal advice provided to parents significantly affected the outcome of pre-hearing conferences. Legal representatives varied in their willingness to step aside from the adversarial approach and give priority to discussion about child welfare concerns. It was apparent that professionals coming to the pre-hearings, both legal and welfare, had different expectations of these forums. It is imperative that if pre-hearings are to succeed, then their role and place in the child protection legal process is clearly explicated and professionals receive training in alternative dispute resolution.     

Financial Abuse of Older People by Family Members: Views and Experiences of Older Australians and their Family Members

Abstract

Risk assessment in child protection services has been promoted as the most reliable way to ensure that maltreatment to children is prevented and has become central to practice with children and families. However, recent research in Australia has suggested that children are being left in unsafe situations, leading to further maltreatment, by the very agencies responsible for their protection. The present article explores the reasons why child protection has become central to child protection practice and presents a wide ranging critical appraisal of risk assessment and its application. It is argued that risk assessment is a flawed process and, as a central tenet of practice, is implicated in any problems that children's protective services face. Consequently, any future reconfiguration of services for children in need of protection needs to include a re-evaluation of the efficacy of risk assessment.     

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.     

Domestic Violence and Child Protection: Partnerships and Collaboration

Abstract

The interface between the child protection and domestic violence sectors is often problematic, in that the two sectors operate relatively independently, with little integration. However, it is widely recognised that these sectors need to work more closely to enhance both women's and children's safety. This paper explores the processes needed for the child protection and domestic violence sectors to develop collaborative partnerships that lead to the provision of higher-quality responses to both women and children. Drawing on collaboration theory, a number of barriers to the development of successful partnerships are described, and applied to initiatives that seek to develop integrated approaches between child protection and domestic violence services. It is concluded that there is much scope for the two sectors to work closely together, but that the development of integrated responses involving both child protection and domestic violence services will take a significant commitment, level of determination, and stamina from both parties.     

Caseworkers' perspective on risk factors in the family environment influencing mothers' difficulties in meeting children's needs

ObjectivesThis study examines, from the caseworkers' point of view, which needs of children are the most difficult for parents in neglectful contexts to respond to and which risk factors make this response more difficult.MethodA sample of 55 parents being followed by child protection services for neglect or high risk of neglect accepted to participate in the study. Their caseworker filled out a grid regarding the response provided to the children's needs and the risk factors in the family environment.ResultsThe results indicate that the children's age is related to the difficulties of responding to their needs. The caseworkers are particularly concerned about guidance and boundaries provided to preschool-age children, but less so about that provided to school-age children. When the children's age is controlled for, parents' mental health problems explains a significant proportion of the variance in parents' response to their children's need for stimulation, emotional warmth, and guidance and boundaries. Caseworkers' worries about drug and alcohol misuse also explain a significant proportion of their concerns about the mothers' ability to ensure their child's safety.ConclusionCaseworkers are more worried about the parental response offered to preschool children than to school-age ones. However, a constant and coherent response to growing children is still important for their developmental trajectories. Moreover, mental health and substance abuse explain caseworkers' concerns about mothers' engagement toward their child. These data raise questions about which type of services to offer, because intervening in families where parents deal with personal issues while addressing child neglect is complex.     

Parental substance misuse and compliance as factors determining child removal: A sample from the Victorian Children's Court in Australia

Purpose

The current study explores the role of parental substance misuse in child protection cases and examines its impact as a factor in decisions on child removal in court orders.

Methods

A cohort of 273 child protection cases from the Victorian Children's Court was reviewed. This sample consisted of cases where children have been removed (Custody to Secretary Order, n = 142 cases) or remained with parents (Supervision Order, n = 131 cases). Data was extracted on parental substance misuse in single and two parent households as well as compliance with court-based and child protection directives.

Principle results

Parental substance misuse (PSM) was present in 51% of child protection cases sampled and among those, poly-substance abuse was common (67%). PSM was associated with Indigenous status; younger age of child at court appearance; having a court-proven case of emotional abuse, less compliance with child protection services and a longer time between notification to authorities and final court decision. In one parent households, only parental compliance is the primary factor underlying decisions of child removal. In two parent households, the decision to remove a child from the family home was ultimately driven by parental compliance, and to a lesser extent by PSM of illicit drugs and the number of parents misusing drugs.

Conclusion

PSM and non-compliance appear to be significant factors in delaying stability for the child through the granting of court orders which may involve child removal. There is a need, by child protection professionals, for prompt recognition of PSM and associated compliance/engagement issues in order to refer appropriate cases for further assessment and treatment in specialist drug treatment services. Early involvement with specialist drug treatment services provides the Court with an indication of compliance which is an important factor for making decisions that assist with achieving stability for the child.     

Broadening Our View

Summary

The growth in child welfare caseloads and the increasing use of kinship foster care has raised new questions about effective permanency planning. The majority of children in kinship foster care are children of color and have been less likely to exit the custody of the child welfare system than children placed in traditional foster care. Permanency planning which ensures the long-term protection and well-being of children from diverse cultural backgrounds requires a broad view of family, ongoing striving for cultural competence, collaboration between the formal child welfare system and the kinship systems of children in state custody, and a long-term view of permanency planning and child-rearing that builds on the case-management capacities of kinship networks to support permanent plans, looks beyond the child's exit from state custody, and helps families and larger kinship systems make long-term plans for the protection, permanence, and well-being of children.     

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.     

Adult images of childhood and research on client children

The point of departure in this article is a client study with children who had received services from child welfare, school counselling or child psychiatric clinics, compared to a cohort study targeting all children in the same community. It discusses whether parents' reservations towards letting their client children participate in the study indicates a fear of the researchers interfering in family life, and how the choice of research strategies influence the images constructed of client children and their families. A common finding in the two studies was that the children themselves provided the most positive information about their lives. It is argued that adult images of children as either vulnerable, and thus in need of protection, or competent, and thus with an ability to participate, influence access to, as well as construction of, client children's lives.     

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.     

Evaluating the Probative Value of Child Custody Evaluations

Abstract

The ultimate purpose of a child custody evaluation is to assist children and their families to restructure their family lives after divorce. A competent forensic work product is defined, in part, by the eval-uator'S use of current state of the art forensic methods and procedures applied to child custody evaluations (Gould, 1998). In this paper, a detailed structure for reviewing the reliability and relevance of a child custody advisory report is provided in order to help these professionals produce a work product of greater weight and sufficiency to the court and a work product that is increasingly useful to the families we seek to help.     

Using Resilience to Reconceptualise Child Protection Workforce Capacity

Abstract

Current approaches to managing and supporting staff and addressing turnover in child protection predominantly rely on deficit-based models that focus on limitations, shortcomings, and psychopathology. This article explores an alternative approach, drawing on models of resilience, which is an emerging field linked to trauma and adversity. To date, the concept of resilience has seen limited application to staff and employment issues. In child protection, staff typically face a range of adverse and traumatic experiences that have flow-on implications, creating difficulties for staff recruitment and retention and reduced service quality. This article commences with discussion of the multifactorial influences of the troubled state of contemporary child protection systems on staffing problems. Links between these and difficulties with the predominant deficit models are then considered. The article concludes with a discussion of the relevance and utility of resilience models in developing alternative approaches to child protection staffing issues.     

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.