Laws and policies to support the wellbeing of children: an international comparative analysis

Nicklett EJ, Perron BE. Laws and policies to support the wellbeing of children: an international comparative analysis Int J Soc Welfare 2010: 3–7 © 2009 The Author(s), Journal compilation © 2009 Blackwell Publishing Ltd and the International Journal of Social Welfare. The international community has raised concerns regarding the extent to which countries have implemented laws and policies to support the rights and wellbeing of children. This study evaluates the progress of least‐developed countries (LDCs) and middle‐income countries (MICs) in developing such legislation. Surveys were sent to 131 UNICEF country offices. Items included efforts to promote family preservation and family ties, family‐based care over institutionalization, and child participation in placement decisions. A total of 68 surveys were returned, reflecting a 52 percent response rate (LDC, n= 25; MIC, n= 43). Legislation that addressed abuse and neglect of children, maternity leave, removal of children from the family, family care, adoption, and guardianship was widespread. Chi‐square tests indicated that MICs had a substantially higher number of laws and policies related to child allowances, school feeding programs, maternity leave, and day care.     

International adoption and the formation of new family attachments

Clinical studies of children in international adoption reveal unique patterns of psychological adjustment to permanent family care. Pre‐adoption history often includes early object loss, medical and nutritional deprivation, multiple care‐giving disruptions, and the lack of primary care‐giving relationships. These factors and the age at the time of adoption are risks to positive emotional and cognitive development. Adoptive parents may be unprepared for the resulting developmental problems. Most significantly, parents and children are often at different points in readiness to establish an attachment relationship. The parents are eager to claim their child, but the child is unready to respond because of emotional fragility and lack of previous attachment experiences. Two clinical vignettes illustrate the importance of a developmental and medical framework in assessing the unique needs of these survivor children, as well as the necessity of an empathic therapeutic holding environment that can sustain the emerging family attachments under stress. The psychological impact of cross‐cultural adoption and traumatic early beginnings reverberates across time but with empathic parental care and treatment recovery can be significant.     

The paradox of inter-country adoption: analysing Romania's experience as a sending country

This article explores the effects of inter-country adoption on the development of in-country services to protect children and support families in Romania. The country's child care legislation gives formal priority to domestic alternatives to institutional care – preventive services, family reunification, foster care and in-country adoption. Despite this, inter-country adoption continues to play a central role in Romania's child welfare system. The article analyses the multiple and complex factors at policy and practice levels that lie behind this situation. It is concluded that whilst inter-country adoption may be used to secure some resources for the development of in-country services, it paradoxically undermines the effectiveness of those services for the children who are left behind.     

Choosing intercountry adoption: an Australian study of the motivations and attitudes of intending and recent adoptive parents

Humanitarian reasons are often reported as the main motivating force for undertaking intercountry adoption. This article reports on a qualitative interview‐based Australian study in which 32 adoptive parents and prospective adoptive parents talk frankly about their desire to use intercountry adoption as a pathway to parenthood, rather than as an altruistic method of providing a child with a family. The study aimed to investigate motivations of intending and recent adoptive parents for deciding to form a family through intercountry adoption and to contribute to understanding about why intercountry adoption is the preferred option over available alternatives for family formation. The findings from this study raise interesting questions regarding recruitment efforts for children needing families; not only in relation to intercountry adoption, but also in developing recruitment strategies for foster carers for local children needing care.     

Exploring approaches to child welfare in contexts of domestic violence and abuse: Family group conferences

This article sets out to explore service provision for families affected by domestic violence and abuse. For most families where there are child protection concerns, there are possibilities for intervention from child welfare agencies and domestic abuse services, but these have been criticised as having distinct and disconnected practice cultures and orientation. Recognising this divergence, in this paper, we advocate for safeguarding children affected by domestic violence and abuse using the family group conference (FGC) model. This offers possibilities for a coherent response that integrates both child‐ and women‐centred concerns in a holistic approach to family safety and well‐being. Furthermore, it is well documented that safeguarding work involves professionally‐led decision‐making that is pre‐occupied with the management of risk. FGCs, however, promote a partnership approach that engages families in a more democratic decision‐making process. As such, FGCs offer families the opportunity to develop their own safety and support plans for the protection and care of children recognising the family's inherent strengths.     

Everything for the Children: Orphans Growing Up in Informal Adoptive Families in China

Most orphaned children in China are cared for by their extended families or become state wards under the guardianship of child welfare institutions. Some exceptions are children who are found and cared for by families in the community, without a formalized adoption or foster relationship. In some locations, institutions now accept guardianship for these children and support the informal adoptive family to continue to care for them. This article examines the outcomes for these children as they became young adults by comparing these 12 children raised within the system as they approach or have approached young adulthood (now aged 16–40 years-old). Some of the participants were either informally adopted or lived in institutional care. The results of this study found that the family environment was more conducive to the young people’s wellbeing as they approached or entered adulthood. The participants raised in informal care appeared to be treated similar to the biological children in these families. When the institution formalized the state guardianship responsibility, it also meant the families had state resources for support to protect the children’s rights to economic security, education, health care, and social participation. This practice by the institution supported the addition of informal adoption, as one step closer to permanency than foster care. Future implications include considering this option to help promote the family system assisting these children, families, and the state.     

Adoption in Korea: current status and future prospects

This article examines the current status of adoption in Korea and discusses the issues that must be addressed for future development. The nature of adoption has changed dramatically in the last 50 years, and continues to change in Korea. If the first half of modern adoption history were about finding and providing permanent homes for war orphans and children abandoned out of destitution, the second half saw increasing demand for adoption to function as a key component of the continuum of child welfare services providing care for children who need protection and care outside their home. However, responding to this change has been a challenge over the years. Based on the analysis of recent trends of the child welfare system and adoption in Korea, this article reveals that there are significant barriers in the path to improving adoption, especially domestic adoption, so that it can be considered a realistic placement option for children who need protection and care in Korea. Suggestions for the future direction of reforming adoption policy and practice are given.     

What is a family? Constructions of family and parenting after a custody transfer from birth parents to foster parents

The subject of stability for children in long‐term foster care is an emerging field within social work with vulnerable children. In Sweden, the adoption of foster children is not a common occurrence. Instead, when a child has been placed in foster care for 3 years, the local social welfare committee will consider whether the custody of the child should be transferred to the foster parents regardless of the circumstances of the birth parents, in order to secure stability and a sense of family belonging. Consequently, custody transfers raise questions such as “who is family?” and “who is a parent?” This qualitative interview study with custodians and young people who have experienced custody transfer highlights that who counts as family and as a parent is ambiguous. This article draws attention to how negotiations about family and parenthood revolve around biological, emotional, and relational dimensions. Furthermore, we show that stability for children in care has to be understood in terms of processes over time and not as the result of a single decision of custody transfer. Consequently, social workers need to take several aspects into account when they assess family belonging and stability for children in foster care.     

Birth parents’ perceptions of professional practice in child care and adoption proceedings: implications for practice

This paper explores non‐relinquishing birth parents’ experiences of contested child care and adoption proceedings. It highlights the perceptions and voices of birth parents which are rarely prioritized in dominant discourses of professional practice in this area. The paper reviews previous related research and also discusses a small‐scale empirical study which elicited the perspectives of three birth parents whose children had been made subject to care proceedings and placed for adoption in England. Drawing on previous research and this study, the paper makes range of practice recommendations for sensitive professional practice with birth parents during contested child care and adoption proceedings.     

Intergenerational pathways leading to foster care placement of foster care alumni's children

This study examined a path model that postulated intergenerational relationships between biological parent psychosocial functioning and foster care alumni mental health, economic status and social support; and from these to the likelihood of children of foster care alumni being placed in foster care. The sample included 742 adults who spent time in foster care as children with a private foster care agency and who reported having at least one biological child. A full pathway was found between poorer father's functioning to greater alumni depression, which was in turn associated with negative social support, and then a greater likelihood of child out‐of‐home placement. Other parent to alumni paths were that poorer father functioning was associated with alumni anxiety and post‐traumatic stress disorder (PTSD), and poorer mother's mental health was associated with PTSD; however, anxiety and PTSD were not implicated as precursors of foster care placement of the child. Findings support the need for increased practice and policy support to address the mental health needs of parents of children in or at risk of foster care, as well as the children themselves, as family history may have a lasting influence on quality of life, even when children are raised apart from biological parents.     

Research Review: Parents' service experience – a missing element in research on foster care case outcomes

A large body of child protection literature focuses on termination of parental rights, family reunification, and children's re‐entry into care as outcomes for children in foster care. Studies have investigated child, placement, family, and parent variables as predictors of case outcome. However, one important group of variables remains largely unstudied: factors related to parents’ service experience. Parents’ service experience includes parents’ perceptions of and involvement in the various services in which they must participate in order to recover their children from foster care (e.g. mandated treatment programmes such as substance abuse rehabilitation, parenting skills classes, etc.). The parental perspective on the foster care process is a critical element in the life of a child protection case, and its influence on case outcome must be explored. A brief review of the current literature on case outcome predictors is provided and parents’ service experience is highlighted as an area in need of investigation. Suggestions for the measurement of parents’ service experience are also offered.     

Effects of case characteristics on teamwork in family meetings

Little empirical research has examined the effects of case characteristics on high‐quality teamwork within family meetings in child welfare. We attempted to fill this gap using 497 child welfare cases in a Midwestern state in the United States. We found that overall teamwork was negatively associated with domestic violence, frequent placement moves, and a permanency plan of adoption, whereas teamwork was positively associated with the length of involvement in the child welfare system. We also examined the relationships between the case characteristics and two components of teamwork. The results showed that domestic violence and the length of the involvement were equally significant factors for both team formation and functioning. The permanency plan of adoption was a significant factor for team formation, but not for team functioning. Finally, family voices and frequent team meetings appeared to be stronger factors for improving both team formation and functioning. The results suggest that families in the child welfare system have different experiences in forming and functioning high‐quality family team meetings. Therefore, it is necessary to customize specific processes and strategies to promote teamwork depending on the child and family's characteristics and situations.     

The use of intensive family preservation services with adoptive families

With the increase in special needs adoption, there is growing concern about the adjustment of these children and families beyond legalization. The purpose of this study was to explore in greater depth the use of intensive family preservation services with adoptive families and the factors related to the family’s ability to stay intact beyond services. Multiple regression analyses were used to determine factors that were predictive of the family’s ability to remain intact at 6 and 12 months post services. Potential predictors of family intactness included child characteristics, family characteristics, previous placement history and service characteristics. Results at 6 months found no significance in the full model; however, the individual factors of ethnic origin of the child, full‐time employment of the primary parent and initial placement reason were significant predictors of family intactness. At 12 months post services, the full model was highly significant, with service characteristics being the greatest predictor of the family’s ability to remain intact.     

The documented layer of children's rights in care order decision‐making

The recognition of children as rights holders is a true challenge for any policy and practice that involves children, but it is even more so for making decisions about taking children into care. This article departs from the view that when children are perceived as bearers of rights, this should also be reflected in the institutional documents of decision‐making. That is why the documented layer of decisions about taking a child into care is examined here. The empirical data consist of documents of hearings (prehearing and hearing reports) in which children (33) are asked to give their view about a proposed care order and placement in Finland. The documented layers of involving children as rights holders are divided into two types: a minimalist type and a more individualised, thorough and detailed type. The former type represents children as rights holders in a routinised manner, whereas the latter one treats them in a particularised manner: how this particular child in this particular hearing received and gave information and on what grounds her/his view rested. As the documents may have some controversial implications, the recording of children as rights holders should not be treated as an isolated and technical issue.     

Responding to child maltreatment: Comparison between the USA and China

A recent study estimated that over one‐fourth of Chinese children have suffered maltreatment (Fang et al., 2015 ). However, the current child welfare policy in China is limited to orphans, abandoned children, and children with disabilities. Also, there is very little comparative research in China on Chinese and other countries’ child welfare systems. The purpose of this study was to analyze applicable US and Chinese child welfare policies, identify gaps in Chinese policy regarding child maltreatment, and make recommendations for a policy agenda for improving child welfare in China based on cultural values and existing policy structures. Results show that China has considerable capacity to make improvements in child protective services, foster care, and adoption policies. Based on the results of this study, several implications are provided to develop China's child maltreatment policy to increase children's outcomes of well‐being, safety, and permanency. Key Practitioner Message: ? To understand the background and system of current Chinese child maltreatment policy; ? To review US child maltreatment policy and its implementation to identify gaps in the Chinese child maltreatment system; ? To provide policy suggestions to develop Chinese child maltreatment policy and provide recommendations for social work education and practice in China.     

The ABC of Child Care Politics

The care and education of children below school age is an area of intense public debate and the subject of considerable policy innovation in Western democracies. Child care raises complex philosophical and policy issues ranging from broad questions about the relative responsibilities of state, market and family to technical aspects of policy design such as the interaction of child care subsidies with income support, family payments and taxation. Across the developed world, countries are finding new ways to address the growing need for child care, with market‐based solutions looming large in several countries. This paper analyses Commonwealth policy towards long day care in Australia since the early 1990s. It explores the shift towards market‐based, for‐profit care for children below school age, especially the growth of publicly listed child care corporations. In allowing a single corporation to assume a dominant position in the provision of long day care, Australia has embarked on a vast experiment in the care of children, unparalleled in other countries.     

Foster care placement breakdown in the Netherlands and Flanders: Prevalence,precursors, and associated factors

Family foster care is the option of choice for children in need of out‐of‐home care in Flanders and the Netherlands. Foster care is however a vulnerable intervention, and questions can be raised as to its efficacy. Although the literature on placement breakdown has made significant progress during the last years, empirical knowledge regarding breakdown in Flanders and the Netherlands remains scant. Consequently, this study aimed at investigating prevalence and precursors of breakdowns in long‐term foster care, the duration of placement before breakdown, and the association of child and placement characteristics with breakdown. Case files of 271 Dutch and 309 Flemish foster children were analysed with a coding scheme designed for this study. After 6 years, 398 placements had terminated: 169 placements broke down and 229 placements ended positively. Placements broke down mainly because of behavioural problems of the foster child, foster parents' parenting problems, and conflicts between birth and foster parents. Foster children with behavioural problems, older foster children, foster children denied treatment, and foster children in care because of sexual abuse were more at risk of breakdown. Assessing these factors is important when evaluating the appropriateness of a family foster care placement.     

Predictors of outcome for unrelated adoptive placements made during middle childhood

This paper reports on a follow‐up to adolescence of two longitudinal prospective studies of children placed from public care with non‐related adoptive families in the UK. Factors associated with outcome are presented for 99 children (one index child per adoptive family) who were between 5 and 11 years of age at placement. Information concerning the children's backgrounds and care histories was obtained shortly after placement (T1), from social workers. Adopters were interviewed at T1 and again at the end of the first year (T2). A further follow‐up was conducted an average of six years after placement (T3). Outcomes at T3 were classified as either disrupted, which was true for 23%, continuing and ‘positive’ (49%) or continuing but ‘difficult’ (28%). Bivariate analyses revealed a number of attributes, related to both the child and the adoptive parents, which were associated with differential outcomes. Logistic regression produced five predictors of placement disruption: age at placement, behavioural problems, preferential rejection, time in care and the child's degree of attachment to the new mother. Differences were found between ‘positive’ and ‘difficult’ outcomes in continuing placements as well as between continuing and disrupted placements. The analysis suggests that adoption should certainly be considered as an option for children over 5 years of age while recognizing the need for both preparation and post‐placement support. Evidence of differential outcome in continuing placements provides support for efforts to reduce the number of placements and returns home that a child at risk experiences.