The Voice of the Child: A Legal Voice?

This article presents a legal analysis of the 'voice of the child' in family proceedings, both public and private. The evaluation is thus confined to civil law and is not concerned with young offenders within the criminal justice system. There have been significant legislative developments in the last decade arising from UK, European, and UN provisions. The article assesses the strengths and weaknesses of the rights to representation of children in these legal proceedings and in particular outlines the weaknesses in the proceedings of 'private' law about children. Making recommendations for future reform, the article argues that consistent implementation of the provisions requires greater attention to be paid to direct representation and advocacy for the child's views, in contrast to adult presentation of their own views about the best interests of the child.     

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.     

Factors affecting children's disclosure of secrets in an investigatory interview

The present study aimed to identify how children's understanding of the investigatory interview process influenced their disclosure of secrets. Forty‐four 6‐year‐ and 7‐year‐old children participated in the study. Four short stories were read to each child. The stories were about young children who witnessed an event (e.g. witnessing a person stealing a pizza) and were asked to keep the witnessed event secret, then they were interviewed by an authority figure (e.g. security guard) and asked repeatedly about what they had witnessed. After each story, a series of questions were asked that related to factors that might aid the disclosure of the secret. Three main factors were investigated: children's perception of the interviewer's knowledge of the incident; children's perception of the purpose of the interview; and children's understanding of the purpose of asking repeat questions. Results indicated that a child's perception of how much an interviewer appeared to know about a secret, and whether the child was repeatedly asked about the secret do influence a child's disclosure of a secret. However, there was no effect for the purpose of the interview. Copyright © 2002 John Wiley & Sons, Ltd.     

Where now for ‘child protection’ in Scotland?

In common with the rest of the UK, child care and protection practice in Scotland has undergone unprecedented change over the last ten years, including a wide‐ranging three‐year Child Protection Reform Programme. In 2006, The University of Dundee's Centre for Child Care and Protection and Barnardo's Scotland Research and Development team were commissioned by the then Scottish Executive to undertake a process review of the Child Protection Reform Programme (Daniel et al., 2007 ). Drawing on findings from the process review, this article considers the impact of the Child Protection Reform Programme. The process review concluded that, in the view of the respondents, the Child Protection Reform Programme made a substantive contribution towards the improvement and delivery of child protection services in Scotland, particularly in terms of raising awareness and increased multi‐agency working. It was beyond the scope of the review to measure outcomes for children as a result of the reforms. Since the completion of the Child Protection Reform Programme, national policy emphasis has broadened from ‘child protection’ towards integrated support for children under the Getting it Right for Every Child reforms of children's services. The paper concludes with a discussion around where ‘child protection’ now fits within this context of universal support for children and argues that there is a need to ensure that the valuable work which was done to improve child protection services in Scotland under the Child Protection Reform Programme is not lost. Copyright © 2010 John Wiley & Sons, Ltd.     

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.     

The unequal impact of Covid-19 on the lives and rights of the children of modern slavery survivors,children in exploitation and children at risk of entering exploitation

This article discusses the unequal impact of Covid-19 on the lives of the children of survivors of modern slavery, child victims of exploitation and children at risk of exploitation in the UK. It draws on research that has analysed the risks and impacts of Covid-19 on victims and survivors of modern slavery. It explores how pandemic responses may have hindered these children's rights to education, food, safety, development and participation and representation in legal processes. It suggests that the pandemic should be used as an impetus to address inequalities that existed pre-Covid-19 and those that have been exacerbated by it.     

Who Is the Residential Parent? Understanding Discrepancies in Unmarried Parents' Reports

Research examining parental reports of children's living arrangements has often relied on information about legally ordered custody agreements following divorce. This analysis used data from matched pairs of parents (N = 1,156) in the Fragile Families and Child Wellbeing Study who live apart to compare mother and father reports of their child's residence 5 years after a nonmarital birth. The authors found that over one third of unmarried parents disagreed about who their child lived with and that conflicting reports were much more likely when fathers spent nights with the mother (an indicator of part‐time cohabitation) and had overnights with the child on their own. The results further suggest that discrepancies in unmarried parents' reports were more closely associated with the complexity and ambiguity of their living situations than with the quality of their relationships with each other. Implications for measuring children's living arrangements in families formed outside of marriage are discussed.     

‘I Was Quite Amazed’: Donor Conception and Parent–Child Relationships from the Child's Perspective

Donor conception and parent–child relationships were explored from the child's perspective. At ages 7 and 10, interview data were obtained from children in 31 donor insemination, 28 egg donation and 51 natural conception families. Children were also administered the MacArthur Story Stem Battery and a family map. Children in all family types reported close and affectionate relationships with their parents, irrespective of the lack of a genetic link between the parent and the child. Of those children who were aware of their donor conception at age 10, most demonstrated an understanding of, and had positive feelings about their donor conception.     

Measuring Children's Experience of Their Right to Participate in School and Community: A Rights‐Based Approach

This paper discusses the development of a children's rights‐based measure of participation and the findings from its use in a survey of 10‐ to 11‐year‐old children (n = 3773). The measure, which was developed in collaboration with a group of children, had a high reliability (Cronbach's alpha = 0.89). Findings suggest that children's positive experience of their participation rights is higher in school than in community, and higher for girls compared to boys. It is argued that involving children in the ‘measurement’ of their own lives has the potential to generate more authentic data on children's lived experiences.     

Planned Gay Father Families in Kinship Arrangements

The current study examined whether there are differences between gay father families (n = 36) and heterosexual families (n = 36) on father‐child relationship, fathers' experiences of parental stress and children's wellbeing. The gay fathers in this study all became parents while in same‐sex relationships. They donated sperm to lesbian couples and then shared the child‐rearing with them in kinship arrangements. It was also examined whether aspects that are related specifically to gay fathers (i.e., experiences of rejection, having to defend their family situation, with whom the children live, and conflicts with the children's mothers) are also related to the father‐child relationship, parental stress and children's wellbeing. Data were collected by means of questionnaires filled in by the fathers. No significant differences between the family types were found on emotional involvement and parental concern in the father‐child relationship, parental burden (as an aspect of parental stress) or the children's wellbeing. However, gay fathers felt less competent in their child‐rearing role than heterosexual fathers. For gay fathers especially, experiences of rejection and the feeling that they have to defend their situation were significantly related to father‐child relationship, parental stress and children's wellbeing.     

Interactive Media for Child Care and Counselling: New Resources,New Opportunities

SUMMARY

A familiar children's story in the UK–Bruce's Story, about the adventures of a puppy moving into the unknown world as he grows up–is converted into a multimedia program designed to help children in out of home care talk (or write) about their own experiences coming into the child welfare system and into foster and adoptive families.     

Does family support ensure the protection of children? Messages from child protection research

The history of child protection is, in many ways, a catalogue of changes arising from the political/professional interface tensions relating to a highly contentious area of public and professional policy. The latest contribution to this process is the Department of Health's 1995 publication Child Protection: Messages from Research. The overview of the studies recommends that there be a shift in resources and attitudes from an investigative approach to a family support perspective. Many local authorities have subsequently produced policies which will lead to referrals being recorded as ‘children in need’ rather than child protection. The ramifications of this change in approach are examined from the dual perspectives of policy and practice. The article suggests that while much of the change in emphasis is to be welcomed, the needs of the most severely abused children may be compromised by the new orthodoxy, as it is not based on the reality of the many problems encountered by children and professionals in child protection work. It is argued that a focus on practice issues needs to permeate all such documents. © 1998 John Wiley & Sons, Ltd.     

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.     

Policy on Children's Work and Labour

Current international child labour policies emphasise removing children from work rather than improving their well‐being. Prohibited ‘child labour’ extends beyond work shown to be harmful, and work in poorer, majority‐world societies is particularly targeted. These policies ignore benefits that children can gain from work, and have been developed largely without the involvement of the children, families and communities most concerned, limiting chances of successful outcomes. This paper argues for alternative approaches, developed in collaboration with children and their communities, focussing on children's well‐being and development, and protecting children from harm and exploitation while allowing them to benefit from appropriate work.     

“We are merchandise on a conveyer belt”: How young adults in the public child protection system perceive their participation in decisions about their care

The aim of this study is to show young people's feelings about their experiences with participation in decision-making in public care. The study is based on semi-structured, in-depth interviews with eight young adults in the public child protection system in a northeastern state in the U.S. conducted between 2015 and 2016. All study participants had made both positive and negative experiences with participation. Most reported negative experiences at the point of their first entry into care, and most reported positive experiences when signing themselves back into the care of the child protection system when they turned 18. Further, we found barriers and pathways to participation at the individual child's or youth's level, including a child's or youth's ability to self-advocate, access to information, and age. Organizational-level factors that affected a child or young person's participation included the child protection agency's view of the child or youth; the agency's view of the parents; the quality of legal representation, and the type of rapport between social workers and children or young people in care. We discuss the implications of these findings on theory and policy.     

The impact of migration on the well-being of transnational families: new data from sending communities in Mexico

We present results from a new study of the effects of migration to the USA on the well-being of transnational families in high emigration communities within Mexico. Our survey measured the well-being of family members in a variety of domains: economic, health, education, and child development for a representative sample drawn from high migration municipalities. Compared to those with no recent emigrants to the USA, Mexican households sending non-caregivers to the USA appear to gain economically without contributing to problems faced by children. However, when family caregivers migrate to the USA, the remaining members in Mexico struggle to meet the family's needs and children are more vulnerable to educational, emotional, and health problems. Children in households where a caregiver migrated were more likely to have frequent illnesses (10% vs. 3%, p<0.0001), chronic illness (7% vs. 3%, p=0.011), emotional problems (10% vs. 4%, p=0.006), and behavioral problems (17% vs. 10%, p=0.018) compared with children in households where the migrant was not a caregiver. Research, policy, and program implications of these findings are discussed.     

“It Was Like This,I Think”: Constructing an Adoption Narrative for Chinese Adopted Children

Using qualitative survey data from 35 adoptive parents of children from China, I explore the type of narrative parents construct about their child's “abandonment.” Parents tell the story they know best—the child's adoption story—being careful to not overly burden the child with harsh abandonment realities. Most parents opt to tell a dominant narrative, portraying the child's Chinese birth parents as parents who loved their child and struggled with the decision to give up their child pressured by outside forces to do so. Any counternarrative told seems to be for the adoptive parents themselves, not for their children.     

Participation for children exposed to domestic violence? Social workers' approaches and children's strategies

This article explores social workers' approaches to children exposed to domestic violence and children's strategies in encounters with these professionals in the context of family law proceedings. Investigator approaches as well as child strategies are reconstructed from children's narratives. Furthermore, possible links between the social worker's approach described by a particular child, and the child's own strategies are outlined. Participation can offer children validation of their experiences and support their recovery after exposure to violence. However, it is suggested that it seems to be a challenging task for social workers to both validate children's experiences of violence and simultaneously offer them participation in the investigation process.     

Children changing spaces,changing schools

Children's participation remains controversial in United Kingdom schools where children and their communities rarely have opportunity to change what happens. This paper considers an original approach that developed cooperative intergenerational inquiry with a class of 10–11-year-olds in the north of England as part of complexity-informed participatory action research to consider children's participation in schools. Children and adults considered together, what schools are for, at the same time enabling children to shape spaces for participation in lesson time. The importance of recognising these spaces as dynamic intra-subjective meeting points and of intergenerational relationships for change in schools is revealed.     

Custody Recommendations of Israeli Social Workers

Abstract

This study examines the custody recommendations of a sample of Israeli social workers who advise the courts. It looks at their recommendations in relation to the child's wishes and the workers' assessments of the children's expected quality of life with each of the parents. The findings show that the social workers based their recommendations mainly on the child's preference where that was clear, and, where it was not, on the child's expected quality of life with the two parents. With this, maternal custody remained the default recommendation and paternal custody was recommended only when the quality of life the father was expected to enable was significantly higher than that the mother was expected to enable.