WHEN THE COST IS TOO GREAT: THE EMOTIONAL AND PSYCHOLOGICAL IMPACT ON CHILDREN OF INCARCERATING THEIR PARENTS FOR DRUG OFFENCES1

The advent of the modern “war on drugs” and its accompanying “lock 'em up and throw away the key” crime policies largely explain the evolution of mass incarceration in the U.S. and account for much of the emotional and psychological pain caused to children who have lost their parents to long prison sentences. It is by reducing reliance on incarceration to tackle the “drug problem” in the United States that there will be a positive impact on reducing the number of parents being separated from their children for inordinate amounts of time, thereby potentially reducing the negative emotional and psychological impact on children. Aiding parents combat their addiction outside of prison walls is perhaps to most sensible criminal justice policy in addressing the needs of children who are caught in the cross‐fire of the war on drugs. In the meantime, as policy makers review, assess, and, eventually, reform draconian drug laws and sentencing policies, it is imperative that front‐line service providers who work with children and family and juvenile court judges be mindful of the emotional and psychological impact that parental incarceration has on youth. A more in‐depth understanding of the complexities of these young people's life experiences will hopefully enable the development of appropriate support services.     

Trauma,Psychiatric, Substance Use,and Thought Disorders Among Youth in the Juvenile Justice System and How to Deal with Them

The personal stories that youth in juvenile facilities report to their counselors are heartbreaking because they are filled with accounts of excessive trauma resulting from neglect, physical, sexual, and emotional violence perpetrated on these children. Perry found that trauma develops from severe neglect, abuse, and living in terrorizing environments. Trauma changes the neural processing ability within the child's developing brain which can lead to hypervigilance and dysfunctional behavior. ¹ Widom found that children who had been abused or neglected as children have 30% higher arrests as a juvenile and as an adult for a violent offense. ²      

When the Bough Breaks the Cradle Will Fall: Promoting the Health and Well Being of Infants and Toddlers in Juvenile Court

Approximately one‐third of the children in the child welfare system are under the age of six. These children are almost invisible in our juvenile courts. It is now clear from the emerging science of early childhood development that during the first few years of life children develop the foundation and capabilities on which all subsequent development builds. Living in emotional and environmental impoverishment and deprivation provides a poor foundation for healthy development. These very young and vulnerable children are exhibiting disproportionate developmental and cognitive delays, medical problems, and emotional disorders. However, there is growing evidence that early planned interventions can help. The juvenile court must take a leadership role in focusing on the very young child and learning more about risk, prevention, and early intervention in order to facilitate the healing process.     

Childhood Abusive and Supportive Experiences, Inter-Parental Violence, and Parental Alcohol Use: Prediction of Young Adult Depressive Symptoms and Aggression

Issues in both the children of alcoholics and child abuse literatures were addressed in an attempt to disentangle the effects on young adults of growing up in alcoholic homes versus abusive homes. Using multiple regression, retrospective reports of parental abuse (emotional, physical, and sexual) and parental support (love/support, independence, and fairness), witnessing violence between parents, and parental alcohol use were used as predictor variables for outcomes noted by both literatures. When the effects of all other predictors were statistically controlled, parental alcohol use was not significantly related to depressive symptoms or aggression. Different abusive and supportive behaviors, depending on sex of parent and sex of participant, were significant predictors of both depression and aggression. Results underscore the importance of including and controlling for inter-parental violence and for different types of child abuse (especially emotional abuse) and parental supportive behaviors in investigations of outcomes related to abusive and alcoholic families. Implications for treatment of individuals from these families are discussed.     

FAMILY STRUCTURE AND DELINQUENCY: GENERAL PATTERNS AND GENDER DIFFERENCES

In a sample of over 700 high-school sophomores, a jive-category measure of family structure is found to be not related to either frequency or seriousness of self-reported illegal behavior, except for unusually high delinquent behavior by boys from mother/stepfather homes. On the other hand, family structure does show an overall association with self-reported trouble with police, school, and juvenile court officials. Specifically, while boys (not girls) with stepfathers admit the most delinquent acts, controlling for the amount of admitted delinquency shows that officials are more likely to respond to the misbehavior of children (especially girls) from mother-only families. None of these findings are accounted for by race, social class, the quality of parent-child relationships, or the quality of school experiences.     

Coping with Interparental Verbal Conflict by Children Exposed to Spouse Abuse and Children from Nonviolent Homes

Children are distressed by parental conflict, but the influence of the conflict topic has rarely been studied, especially in relation to children's history of witnessing domestic conflict. Responses to three conflict topics (money, child-related, political candidate) were examined in two groups of 5 1/2-through 12-year-olds: 40 children who have witnessed spouse abuse and 72 children from nonviolent homes. Children listened to taped scenarios (with accompanying drawings) of two parents engaged in one friendly and three angry interactions. Children reported their feelings, intensity of feelings, and coping strategies. Children's emotional responses varied from sadness, to anger, to guilt depending on their age and the conflict topic. Primary control strategies for coping with family conflict (e.g., direct intervention) were favored for all. Boys from violent homes responded to certain simulated conflicts with more intense anger and sadness than other children. Results emphasized children's sensitivity to different conflict topics and advance understanding of relations between a history of witnessing spouse abuse and child outcomes.     

Adolescent parricide and psychopathy

Most cases of juvenile parricide are believed to be the result of child abuse, yet the vast majority of abused children do not kill their parental abusers. This study explored the role of psychopathy in 10 adolescent parricide offenders tried in adult court who were referred for pretrial psychiatric evaluation. In addition, psychopathological findings, crime-related behaviors, and judicial outcomes are described. Diagnostic and Statistical Manual of Mental Disorders diagnoses, most commonly posttraumatic stress disorder, and chronic, severe child abuse were prevalent. Psychopathic traits were not found to have played a role in the traumatized youths' parricidal behavior. Killings occurred in the family homes, usually through a surprise attack with parent-owned firearms. There was an average of 1.7 victims per event, with fathers being the most likely victim. Bodies were commonly covered or wrapped and moved postmortem. Confessions were often incredible in quality. One half received sentences of 40+ years, and the modal sanction was a life sentence, despite 90% premorbidly described as good youth. Further studies of adolescent parricide are needed to better understand this unusual population.     

Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes

The prevalence of domestic violence in juvenile court cases justifies modifying our interventions to reflect this unfortunate reality. This article focuses primarily on juvenile victimization of parents and the model programs emerging in juvenile courts to address it. Part I examines family violence's prevalence in the juvenile court caseloads, despite its lack of consideration in most dispositions. Part II begins with a comparative analysis of the drug court trend and discusses the trend's applicability for specialized family violence applications in the Juvenile Court. The King County (Wash.) Juvenile Court's Step‐Up Program is introduced, which directly addresses family violence with intervention programs for youth perpetrators and abused parents, followed by the Santa Clara County (Calif.) Juvenile Court's Family Violence program, shown as a model worthy of replication. Part III details the process by which the Travis County (Texas) Juvenile Court is implementing a program similar to these models. Part IV concludes that juvenile courts must address family violence as an overt or underlying issue in many cases and must identify and address the danger to our troubled youths, whether offender or victim. I argue that the domestic violence community's treatment expertise must inform our juvenile courts' interventions with violent, often insular, families. In Travis County, we are committed to learning as much as possible about youth resilience–to identify and treat battered and battering teens to prevent the inter‐generational cycle from repeating itself while making our homes, communities, and schools safe.     

Alternatives to incarceration: Commnity-based alternatives for juveniles

This research deals with the problems associated with the juvenile rehabilitative efforts in the United States today. Using the recidivism rates for juveniles, the studies by Zingraff on resocialization, and Zimbardo’s Stanford House experiment, this paper seeks to show that the present form of institutionalization and treatment is not conducive to rehabilitating the juvenile offenders. Communitybased corrections is suggested as alternatives to the failing present system. The alternatives discussed include diversion strategies such as Project Crossroads in Washington, B.C. and the Sacramento 601 Diversion Process in California. Other alternatives given include group homes such as the Highfields Project and the Silverlake Experiment, foster homes, and family homes. Correctional day care centers are also a viable alternative to incarceration. The GUIDE Program in California, and the Parkland Project in Kentucky, and the Utah Pinehills Experiment are examples of this type of Program. Halfway houses are also used to help juveniles adjust to society and to prevent them from having to submit to total incarceration. Advantages and disadvantages to each of these alternatives are provided. Although some of these experiments have failed, these efforts appear to be less costly, more effective, and less damaging than institutionalization of offenders.     

Tobacco sampling, public policy and the law

Cigarette and snuff sampling is a rapidly growing form of tobacco promotion. This article advocates prohibiting tobacco sampling in view of the unique public health risk provoked by sampling. Smokers begin their smoking careers as children, and children are recipients of tobacco samples. Sampling encourages tobacco experimentation, which often produces an addiction similar to morphine and cocaine; the public is generally unaware of the extreme risk of addiction. A recent Supreme Court opinion (Posadas) makes it clear that cigarette advertising can be outlawed. Furthermore, Congress, through the Cigarette Labeling and Advertising Act and Smokeless Tobacco Education Act, has not preempted or removed the power of states to ban sampling.     

High‐Conflict Divorce: A form of Child Neglect

In high‐conflict divorce cases, the emotional toll on the family unit is unquestionably destructive. While the physical and mental health of the children should be the primary focus, the emotional turmoil of a high‐conflict divorce often moves the focus away from the children as parents struggle emotionally and financially. Although the best interests of the children are always in the judicial purview, the repeated, lengthy, and hostile litigation process often associated with high‐conflict dissolution has lasting effects on the physical and mental health of children, similar to those associated with physical abuse and neglect. Child Protective Services (CPS) must step in and protect the emotional well‐being of children during high‐conflict divorce cases.     

儿童权利的文化解释

In China, the protection of juvenile rights has historically been a secondary consideration, which is often relegated to the status of “goal for the future”. However, the value of juvenile rights and their protection lie not only in the morality of child protection, but also in the role that juvenile rights can play in the development of human rights as a whole. Publicity given to juvenile rights reminds us of the “adult society” standing in complementary opposition to the “juvenile society” that juvenile rights refer to. It is adult society to deal with juvenile rights, so any errors of understanding or failures of equality can lead to children being deprived of the rights. The rational underpinnings of juvenile rights are the weapons with which we can counter the influence of traditional, conservative thinking. These arguments will allow children to assume their rightful role as an independent group whose rights are academically and practically accepted and protected.     

Does Intimate Partner Violence Epidemiology Differ Between Homes With and Without Children? A Population-Based Study of Annual Prevalence and Associated Risk Factors

We sought to determine whether intimate partner violence (IPV) risk factors differed depending upon the presence of children in the home, and to estimate the annual prevalence of IPV first in the general population and then in homes with and without children. We analyzed data from a cross-sectional random sample of 6,836 women in southeastern Pennsylvania interviewed by telephone in 2004. The magnitude of association between IPV and risk factors varied between homes with and without children for women’s alcohol problems (with children, odds ratio (OR) 7.7; 95% confidence interval (CI) 2.9, 20.9; without children, OR 2.4; 95% CI 0.9, 6.0), and mental health problems (with children, OR 4.0; 95% CI 1.8, 8.9; without children, OR 3.0; 95% CI 1.6, 5.7). Poverty was significantly associated with IPV only in homes without children (OR 3.6; 95% CI 1.9, 7.2). Annual IPV prevalence was 1.2% overall, 1.4% in homes with children, and 1.1% in homes without children. One in 63 children lived in a home with IPV. Differences in IPV risk factors in homes with and without children suggest distinct underlying IPV mechanisms or consequences in these contexts.     

Complex Histories and Complex Presentations: Implementation of a Manually-Guided Group Treatment for Traumatized Adolescents

It is consistently recognized that children and adolescents who have repeatedly experienced or witnessed violence are at significant risk for a multitude of lasting difficulties across many domains of functioning. Adolescents in residential settings often have extensive trauma histories and experience profound behavioral, emotional, and interpersonal difficulties. Unfortunately, there are few structured trauma-informed treatments that have been implemented in residential settings, and even fewer that have been evaluated. This article describes the core components of Structured Psychotherapy for Adolescents Responding to Chronic Stress (SPARCS), a manually-guided trauma-informed group treatment, and provides clinical examples within residential facilities for adolescents with emotional and behavioral difficulties and extensive victimization histories. Preliminary data on self-reported emotional, behavioral, and posttraumatic stress symptoms are presented.     

Troubled Children and Children in Trouble: Redefining the Role of the Juvenile Court in the Lives of Children

This Essay considers the emerging research in the area of dual‐jurisdiction children, often referred to as “crossover kids”—those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to “track” children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court—a return to its roots—to better enable a court to consider the needs of the whole child, in context with the needs of her/his family.     

Age structuring and the lives of abandoned children

The article analyzes age structuring in foundling homes in Italian cities, and shows how the authorities who founded and ran the homes applied age criteria differently in different places. The age of the child was an important criterion for determining how long authorities rendered payments to foster parents, as well as when children were judged to have become economically independent. Variation was considerable. Payments to foster parents differed in size and timing throughout the areas examined. Boys were judged to have become independent earlier than girls. Those who never married often extended their foundling status into old age. The existence of such differing thresholds was linked to relative wealth of institutions and to their location—urban or rural, North or South—and had dramatic consequences for people involved.     

Some observations on the link between learning disabilities and juvenile delinquency

In order to test the hypothesis that learning disabilities are related to juvenile delinquency, a sample of 1,005 public school and 687 adjudicated juvenile delinquent youths (ages 12 to 17) reported about delinquent behaviors in which they had engaged. The youths' educational records were screened, and, if the presence of learning disabilities could not be discounted, the children were given a series of tests. Every child was classified as either learning disabled or not. The results indicated that proportionately more adjudicated delinquent children than public school children were learning disabled. Self-report data, however, showed no differences in delinquent behaviors engaged in by learning-disabled and non-learning-disabled children, within either the adjudicated or public school samples. Public school children who have learning disabilities reported that they were picked up by the police at about the same rate as non-learning-disabled children, and engaged in about the same delinquent behaviors. Charges for which learning-disabled and non-learning-disabled adjudicated delinquents were convicted followed the same general patterns. In light of these findings, it was proposed that the greater proportion of learning-disabled youth among adjudicated juvenile delinquents may be accounted for by differences in the way such children are treated within the juvenile justice system, rather than by differences in their delinquent behaviors.     

From status to delinquent offenses: Escalation?

An important issue in juvenile justice today is whether the juvenile court should maintain or abandon its present legal jurisdiction over status offenders. Arguments in favor of retaining such jurisdiction are often based on the relatively untested assumption of career “escalation”—the idea that juvenile misbehaviors, if left untreated, will increase in seriousness with age from status offenses to more serious forms of delinquency. However, our analysis of self-reported surveys from a national panel of boys indicates that patterns of juvenile misbehaviors are more likely to be stable or constant over time than to increase in seriousness. The policy implications of these findings are discussed.     

Parental Involvement in Juvenile Sex Offender Treatment: Requiring a Role as Informed Supervisor

Sex offenses, particularly those against children, have always been viewed negatively in society. A large portion of these offenses are committed by children against children. Most state legislatures focus on punitive measures when dealing with juvenile sex offenses, yet few place treatment on equal ground. Treatment has been shown to be effective in reducing the rate of recidivism of juvenile sex offenders. Juvenile sex offenders that participate in treatment have shown lower recidivism rates than adult offenders or untreated juvenile sex offenders. This Note advocates that states adopt legislation based on a successful statute in Colorado that creates a sex offender management board consisting of a multidisciplinary treatment team for juvenile sex offenders' treatment while requiring parental involvement in treatment as “informed supervisors” when the team deems it appropriate.

Key Points for the Family Court Community:
• Sex offender treatment on juveniles has been successful in reducing recidivism, as juveniles are more receptive to treatment than adults.
• Supervision and treatment of juvenile sex offenders would be more effective if parents or guardians are involved in the juvenile's sex offender treatment.
• States should adopt legislation based on the Colorado model that creates a sex offender management board and multidisciplinary team to supervise the treatment of juvenile sex offenders and requires appropriate parental involvement in the treatment as “informed supervisors”.