Abusers gaining custody in family courts: A case series of over turned decisions

Abstract

This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was to determine why family courts may place children with a parent that the child alleges abused them rather than with the nonoffending parent. We focused on “turned around cases” involving allegations of child abuse that were at first viewed as false and later judged to be valid. The average time a child spent in the court ordered custody of an abusive parent was 3.2?years. In all cases we uncovered the father was the abusive parent and the mother sought to protect their child. Results revealed that initially courts were highly suspicious of mothers' motives for being concerned with abuse. These mothers were often treated poorly and two-thirds of the mothers were pathologized by the court for advocating for the safety of their children. Judges who initially ordered children into custody or visitation with abusive parents relied mainly on reports by custody evaluators and guardians ad litem who mistakenly accused mothers of attempting to alienate their children from the father or having coached the child to falsely report abuse. As a result, 59% of perpetrators were given sole custody and the rest were given joint custody or unsupervised visitation. After failing to be protected in the first custody determination, 88% of children reported new incidents of abuse. The abuse often became increasingly severe and the children's mental and physical health frequently deteriorated. The main reason that cases turned around was because protective parents were able to present compelling evidence of the abuse and back the evidence up with reports by mental health professionals who had specific expertise in child abuse rather than merely custody assessment.     

Factors Associated with the Report of Penetration in Child Sexual Abuse Cases

ABSTRACT

This study examines the factors associated with the report of penetration in child sexual abuse cases. We reviewed the records of 1,885 children under age 18 who were evaluated at our facilities for possible sexual abuse. Multiple logistic regression was used to model the effects of a number of variables and their interactions concerning the child, perpetrator and abuse as they related to different types of penetration. Older children are more likely to report all types of penetration except for oral contact with the perpetrator's genitals. Assaults by strangers are more likely to result in penetration, as are abuse situations of longer duration. Ethnicity is an important explanatory variable for both vaginal and rectal penetration. Black girls are more likely to report vaginal penetration, whereas Mexican American children are more likely to report rectal penetration. Gender is also an important determinant, with boys being significantly more likely to report rectal and oral penetration. This study demonstrates that the child's gender, age and ethnicity, the relationship to the perpetrator and the duration of the abuse are all associated with the report of penetration in child sexual abuse.     

Treatment of Sexually Abused Children: Interview Technique,Disclosure, and Progress in Therapy

ABSTRACT

The closed records of 50 children referred for treatment following sexual abuse were analyzed to determine the relationships between therapist structure for disclosure of the abuse, whether the child disclosed, clinical improvement, and several other variables. Ten children revealed details of their abuse in response to introductory structure by the therapist, while 19 children required ongoing structure to disclose such details. Five children did not respond to therapist structure with a disclosure. In contrast, only 1 out of 11 cases disclosed when the therapist did not structure for disclosure. Six of the children who disclosed took five or more treatment sessions to do so. Those who disclosed showed rates of clinical improvement similar to those who did not disclose. Neither maternal support nor foster home placement was related to disclosure or to clinical improvement.     

Pilot Evaluation of a Sexual Abuse Prevention Program for Taiwanese Children

The purpose of the current study was to develop and evaluate the efficacy of a school-based child sexual abuse prevention program for Taiwanese children. Forty-six Taiwanese children age 6 to 13 were divided into one of two groups based on their school grade and then randomly assigned to a skills-based child sexual abuse prevention program who received training immediately or a waiting-list control condition who received the training after a delay. Children's self-protection skills improved regardless of age after participation in the program. The program, however, did not successfully improve children's knowledge of sexuality and safety. Although future studies should modify the program content to better target knowledge of sexuality and safety, these results are promising for a pilot of this skills-based CSA prevention program in Taiwan.     

Korean American Pastors' Perceptions and Attitudes Toward Child Abuse

Abstract

More than 80 percent of Korean immigrants in the United States attend church on a regular basis. Churches, as informal community organizations, can play a very significant role in protecting children from abuse. This study examines Korean American clerics' knowledge of child abuse, their definition of child abuse, and their familiarity with mandatory child-abuse reporting laws. The study also examines how culture, demographic variables, and individual theological orientation affect their attitudes toward child abuse, mandated child abuse reporting by clergy, and preference of intervention strategies. Major findings include that more than 50 percent of respondents have seen child abuse and neglect among their church members, but the majority who have witnessed child abuse prefer to provide pastoral counseling to the family instead of reporting the case to a child protective agency.     

Diagnosing physical abuse using Bayes' Theorem: a preliminary study

Objectives. To perform a preliminary study to compare the patterns of bruises in a physically abused group of children and a control group; to investigate whether these could be modelled statistically to enable probabilities of typical bruise patterns to be calculated; to apply Bayes' Theorem to find the probability that a child with a given bruise pattern has been the subject of physical abuse. Design. An observational study. Setting. Cardiff and Vale of Glamorgan. Subjects. Children who have suffered child physical abuse, 0–14 years. The diagnosis was confirmed at a case conference in all cases. A control group of 289 children who presented to the Accident and Emergency Department at the Cardiff Royal Infirmary after an accidental injury. Main outcome measures. The distribution bruise pattern in three regions of the body. The posterior probability of abuse for a given bruise pattern. Results. The bruise distribution in physically abused and control children was well described by a negative binomial distribution. There was a different distribution for the three different regions of the body in physically abused children. The bruising frequency and distribution for the physically abused group was very different from that of the controls. We were able to use parameters derived from these distributions to calculate posterior probabilities of physical abuse given a particular pattern of bruises using Bayes' Theorem. Conclusions. This preliminary study demonstrates that we can use Bayes' Theorem to combine prior probabilities of physical abuse with observed patterns of bruising in given children to obtain posterior probabilities of abuse. This principle has considerable potential for better diagnosis of the physically abused child. © 1998 John Wiley & Sons, Ltd.     

Gender Differences in the Characteristics and Outcomes of Sexually Abused Preschoolers

ABSTRACT

This study examined whether sexually abused preschool boys and girls (ages 2–5) differed in terms of abuse characteristics or psychological outcomes. A retrospective chart review of 74 cases of sexually abused children (29 boys and 45 girls) treated at an urban mental health clinic in Maryland was conducted. Information was collected on: (1) demographics; (2) abuse characteristics (victim's age, type of sexual abuse, relationship to perpetrator); (3) abuse discovery pattern (accidental vs. purposeful); (4) children's symptomatology; and (5) child and familial factors. No differences were found between boys and girls in terms of the victim's age at the time of abuse, perpetrator's age, or the identity of the perpetrator. However, boys and girls experienced different forms of abuse; boys were more likely to experience fondling, oral and anal intercourse. The majority of boys and girls were abused by males, typically someone they knew (biological parent/parent figure or relative). No differences were evident in the type of disclosure; however, older children were more likely to self-disclose than younger children. Results indicated that boys exhibited more developmental delays and aggressive symptoms than girls. Clinical implications of these findings are discussed as well as recommendations for future research.     

Juror Perceptions of Child Eyewitness Testimony in a Sexual Abuse Trial

ABSTRACT

A mock child sexual abuse trial was used to study juror perceptions of child eyewitnesses. The child's age (5, 11, or 16) and level of involvement (victim or bystander) were varied across conditions in order to test their impact on juror perceptions and verdict. Results indicated a significant effect of level of involvement on the verdict; defendants in trials involving a bystander witness received higher guilt ratings than defendants in trials with a victim-witness. In addition, jurors perceived the child's eyewitness testimony to be more believable when the child was younger. Implications for the impact of these findings on real-life child sexual abuse cases are discussed.     

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.     

Improving Preschoolers' Comprehension of Sex Abuse Prevention Concepts Through Video Repetition

ABSTRACT

Because of their ease of administration and acceptance among parents, sex abuse prevention videotapes remain widely used. However, such video-based programs have shown limited effectiveness among preschool-aged children, the group most vulnerable to abuse. This study sought to determine whether having preschoolers review those video segments they did not comprehend initially, would increase their comprehension of sex abuse prevention concepts. Children who reviewed the concepts learned significantly more than children who viewed the segment once, even though an adult co-viewer explained the content to them. This efficient and simple method of enhancing young children's comprehension holds great promise for improving video-based sex abuse prevention efforts.     

Best Practices in the Treatment of Substance-Abusing Women in the Child Welfare System

ABSTRACT

This paper reviews the literature on women's chemical dependency and its effects on their children. Many risk factors (e.g., a history of traumatic exposure) and consequences (interference with parenting) of substance abuse are unique for women, giving rise to special treatment needs of substance-abusing women with children. Substance-abusing mothers also experience unique barriers to receiving the services they need to recover, such as absence of child care and lack of gender-specific treatment in their communities. Model programs are described and recommendations are offered for best treatment practices for women with chemical dependency who present in the child welfare system.     

Sigmund Freud's Discovery of the Etiological Significance of Childhood Sexual Traumas

ABSTRACT

Challenging assumptions that Freud's early writings have no place in the current discourse on child sexual abuse, this article reconstructs Freud's early treatment of Emma Eckstein. Setting Emma's account of childhood sexual abuse in the context of Freud's early therapeutic practice reveals how Freud first formulated his radical theory, that his patients' psycho-neuroses were due to their having been sexually traumatised as children. The article concludes by inviting a reevaluation of Freud's work.     

Characteristics of Sexually Abused Children and Their Nonoffending Mothers Followed by Child Welfare Services: The Role of a Maternal History of Child Sexual Abuse

Considering the importance of mother’s support in the adaptation of a sexually abused child, it is relevant to determine if the mothers and children involved in an intergenerational cycle of child sexual victimization differ from dyads in which only the child has been abused. The purpose of this study was to compare mother–child dyads with sexually abused children according to whether the mother had herself been victim of child sexual abuse. The sample included 87 dyads with sexually abused children aged 3–18 years old and their mothers (44 reporting maternal and child abuse), followed by social welfare services of the province of Quebec (Canada). The two groups of mothers were compared on their past family abuse experiences and past family relations, their mental health history, their current psychological distress, their parenting behaviors, and their current levels of family functioning. Children were compared on their adaptation. Multivariate analyses indicated that mothers reporting child sexual abuse were more likely to report more other maltreatments in their childhood and greater prevalence of lifetime history of alcohol abuse disorders, dysthymia, and panic disorder compared with mothers who had not experienced CSA. Compared to children whose mothers had not experienced CSA, those whose mothers had experienced CSA showed higher rates of problems behaviors and were more likely to report having been sexually abused by a trusted person. These results highlight the specific clinical needs for the assessment and treatment for sexually abused children whose mothers experienced child sexual abuse.     

Cognitions and Distress in Caregivers after Their Child's Sexual Abuse Disclosure

The impact of child sexual abuse on children is well documented, but few studies have examined the impact of a child's sexual abuse disclosure on maternal caregivers. The studies that have been conducted suggest that parental response postdisclosure is variable. The present study examined the association between maternal attributions and abuse-specific cognitions with depression and trauma symptoms postdisclosure. Participants included 68 nonoffending maternal caregivers of children between the ages of 3 and 17 years who experienced child sexual abuse. Findings indicated that caregivers' abuse-specific cognitions were the best predictor of self-reported symptoms of depression after controlling for general negative attributions. These findings suggest that in order to reduce caregivers' distress and to enhance their support of their children, it is important to assess and treat caregivers' abuse-specific cognitions.

     

Child Sexual Abuse Intervention: An Exploratory Study of Policy Concerns and Implications for Program Development

ABSTRACT

This exploratory study was designed to determine public opinion regarding intervention options for intrafamilial child sexual abuse offenders, victims, and families. The study investigated the public's willingness to support strategies of victim protection, offender control, and treatment services in various types of child sexual abuse intervention strategies. The respondents to the statewide survey generally supported established, adversarial intervention strategies, and had mixed reactions lo several of the diversion program strategies. The findings suggest that policy makers may have to compromise lo obtain public support when designing and implementing intervention programs for intrafamilial child sexual abuse. The article addresses policy issues and concludes with implications for program development.     

Delineating disproportionality and disparity of Asian-Canadian versus White-Canadian families in the child welfare system

ObjectiveThis paper builds upon the analyses presented in three companion papers using data from the 2003 and 2008 cycles of the Canadian Incidence Study of Reported Child Abuse and Neglect (CIS-2003 and CIS-2008) and the Ontario Child Abuse and Neglect Data System (OCANDS) to examine disproportionality and disparity of child welfare involvement for Asian-Canadian children involved in the child welfare system.MethodsThis study used CIS-2008 data adjusted by Census child population data to examine rates per 1000 and three disparity indexes (population-based disparity index [PDI], decision-based disparity index [DDI], and maltreatment-based disparity index [MDI]) to determine the representation of child maltreatment investigations for Asian-Canadian versus White-Canadian children involved in the child welfare system. Logistic regression analyses were conducted to determine the odds of case closure for substantiated child maltreatment investigations, and whether Asian ethnicity remained significant while controlling for child demographics and household composition, case characteristics, and clinical concerns.ResultsThis study found that Asian-Canadian children were underrepresented in the child welfare system compared to White-Canadian children (13.9 per 1000 Asian children in the Canadian population vs. 36.1 per 1000 White children in the Canadian population). Child welfare involvement for Asian-Canadian children are almost 2 times more likely to close after an investigation than White-Canadian children. The three disparity indexes (PDI, DDI, MDI) showed substantially different results with respect to the representation of child maltreatment investigations involving Asian-Canadian versus White-Canadian children for physical abuse, sexual abuse, neglect, emotional maltreatment, and exposure to domestic violence.ConclusionsDisproportionality and disparity are complex phenomena. The variation in results derived from different methods of calculating representation suggests the need for greater clarity and consistency in the definitions and methodology in examining racial disparity in child welfare research. Some methodological considerations for future child welfare research with Asian-Canadian populations were discussed.     

Young Children's Problematic Sexual Behaviors,Unsubstantiated Allegations of Child Sexual Abuse,and Family Boundaries in Child Custody Disputes

ABSTRACT

Allegations of child sexual abuse are sometimes alleged based on a child's problematic sexual behaviors. When the allegations are unsubstantiated, child custody evaluators are asked to make recommendations regarding custody. Historically, it has been believed that if a child engages in problematic sexual behaviors it is strong evidence of child sexual abuse. Recent research finds that there are many reasons, other than overt sexual abuse, for children to engage in problematic sexual behaviors. This article outlines these reasons and provides a methodology for the evaluation of the boundaries in both parents' homes to assist in determining the possible etiology of the problematic sexual behaviors of the child. Suggestions are made regarding visitation and reunification if boundary concerns are found.     

Study of Cases of Child Sexual Abuse Referred for Medico-Legal Examination in Cairo and Giza,Egypt,2007–2011

ABSTRACT

Child sexual abuse is a complex problem that results in detrimental effects on its victims. This study aimed to investigate the pattern of child sexual abuse in cases referred for medico-legal examination in Cairo and Giza governorates in the period between 2007–2011. The study included 813 cases of child sexual abuse. Female gender was more predominant than male gender (52.8%, 4.29 cases), and adolescents were the most frequent age group identified as victims of sexual abuse (43.8%, 356 cases). All perpetrators were male and most of them were persons outside the victims’ families (89.9%, 731 cases). It was recommended to teach and encourage children to tell their caregivers if they have been assaulted and to educate parents and caregivers on how to respond when the child discloses sexual abuse.     

Parental Discipline and Abuse Potential Affects on Child Depression,Anxiety, and Attributions

The current study investigated differences in children's emotional functioning as a product of their parents' reported disciplinary practices and child abuse potential. Families with no known history of abuse were recruited to ascertain whether depressogenic attributional style and depressive or anxious symptomatology was evident in children of parents who used harsher physical punishment and who had higher abuse potential. Forty‐two New Zealand children ages 8–12 participated with their parents. Child‐report measures of depression, anxiety, and attributional style were compared with parents' responses on physical discipline scenarios and child abuse potential. Children's anxiety symptoms were higher in those children whose parents obtained higher abuse potential scores and had harsher discipline practices. Children's depressive symptoms and some components of maladaptive attributional style were also found in families with higher abuse potential. Results suggest emotional difficulties similar to those of maltreated children even without identifiable abuse.