Preventing Homelessness for System‐Involved Youth

Too many youth and young adults find themselves on the streets, couch‐surfing with friends, in emergency shelters or worse, after exiting the child welfare and juvenile justice systems. In some circumstances, youth have had court hearings until their exit from the legal system, but those hearings have not focused on long‐range plans of youth and emergencies youth may encounter. In other circumstances, there has been little or no planning prior to discharge, especially for young people who leave the juvenile justice system. Courts can and should prevent, alleviate or end youth homelessness for youth who appear before them through strategies that are enumerated in the recently‐passed NCJFCJ resolution. This article expounds on three of these strategies – coordinating transition and re‐entry plans, insisting on effective legal representation of youth, and utilizing sound judicial leadership. It also describes the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association's Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness.     

Theorising Children's Rights in Youth Justice: The Significance of Autonomy and Foundational Rights

This paper develops a theoretical approach to children's rights in youth justice, located within a wider rights‐based theory of criminal justice which emphasises the centrality of citizens' autonomy. Understanding what is special about children's rights in the youth justice system requires an understanding of how children's autonomy differs from that of adults. One difference is that within the legal system children are not considered to be fully autonomous rights‐holders, because childhood is a time for gathering and developing the assets necessary for full autonomy. These assets should be protected by a category of ‘foundational’ rights. It is argued that an essential component of a rights‐based penal system for children is that it should not irreparably or permanently harm the child's foundational rights. The concept of foundational rights can then underpin and strengthen international children's rights standards, including those relating to the minimum age of criminal responsibility, differential sentencing for children and adults and a rights‐based system of resettlement provision.     

The Criminal Justice and Courts Act 2015 – Secure Colleges and the Legitimation of State Sponsored Violence

The Criminal Justice and Courts Act 2015 empowers staff in secure colleges to subject young people in custody to dangerous force for the purpose of ensuring ‘good order and discipline’. The use of force to restrain young people in custody can cause serious physical injury, profound psychological damage and has contributed to the custodial deaths of two young people in 2004. Despite these dangers, in most youth custodial establishments the use of force remains high and has been increasing. The 2015 Act will further legitimise the use of coercive violence against vulnerable children, consequently sustaining the power imbalance between children and adults, diminishing the special status of childhood and violating the child's human rights. This comment considers the effectiveness of using force and argues that the deliberate infliction of pain should only be used as a last resort and exclusively to prevent harm to the child or others.     

Representative and Useful? An Empirical Assessment of the Representative Nature and Impact of the Scottish Youth Parliament

Youth parliaments provide a channel for young people to engage positively with the political system and benefit themselves and their communities. Using survey data of former members of the Scottish Youth Parliament (SYP), and comparing them with a variety of population data, the paper investigates whether the SYP is representative of the Scottish population, and whether engagement with the youth parliament has had an impact on members' personal and skills development, and associational activities in later life. Results suggest that former members of the youth parliament are representative of the general population and that personal and skills development has been high. In addition, an overwhelming majority of former members perceive positive impacts from their experiences. However, volunteering, although higher among former members compared with the population, is disproportionately favoured by the very same social groups that are known to volunteer more. The authors interpret this as evidence that the SYP has some way to go towards engendering volunteerism. These results are likely to be of interest to those who are either studying or engaging the younger generation in activities that sustain a healthy democratic regime.     

Why Listening to Children and Young People is Important in Family Justice

During the last 30 years, there has been a growing body of evidence indicating that children and young people often feel marginalized when their parents are making critical decisions that will shape their young lives, and they are calling for family justice professionals to hear their voices. This article explores the research evidence, examines the relevant theories about child development, and demonstrates how a focus on age‐related competency fails to take account of children's subjective meanings about their lives. The authors consider a model of participation first designed to understand adult participation in government and show how this can be usefully applied to understanding children's participation in family justice.     

Mater Dolorosa: Negotiating Support in NSW Youth Justice Conferencing

At the heart of Youth Justice Conferencing, a form of restorative justice aimed at addressing youth crime, is the notion that young persons who have committed an offence should be ‘reintegrated’ into their communities (Braithwaite in Crime, shame and reintegration. Cambridge University Press, Cambridge, 1989). This paper focuses on the role of parents as support persons, in particular the ‘crying mum’, an identity often leveraged by the Convenor when prompting the young person to express remorse to the circle. We explore an Avouchment genre that we have observed whereby support persons vouch for the character of the young person. Our analysis considers the ways in which values are composed (as ideational categories are coupled with evaluative interpersonal ones) and unfold in discourse as invitations for participants to align. In Knight’s (2010) terms, when shared, couplings of ideation and evaluation engender bonds through which participants may commune.     

Sparing the rod: Schools, discipline and children's rights in multicultural Britain

How should we treat unruly children in our schools? Which punishments are appropriate? successful?; and will they instill order and discipline in the next generation? These are the perennial questions asked by adults, answered by adults, and rarely posed to children themselves! Instead, educationalists and parents have sought to control minors by resorting to a variety of disciplinary sanctions. Today, however, the questions have to be set within a developing philosophy of `children's rights' whereby young people are seen as having entitlements which challenge existing notions of adult authority. This paper explores these issues within an overarching theme of human rights. It does not seek to promote the case for children's rights in isolation, but rather locates the question within the context of rights and responsibilities of pupils, teachers, and parents. Discussion provides an historical perspective on physical chastisement in the home and at school; analysis of the impact of the European Court of Human Rights on abolition in Britain; and a review of alternative sanctions being explored. Further, attempts to re-introduce the cane are considered notwithstanding clear indication from Strasbourg that violence can no longer be condoned. Finally, the dignity and integrity of the person will continue to be at the forefront of the debate on children's rights as there is clearly discernible an international dissemination of legal norms which can serve as a mechanism of social control, responsive to changing popular ideologies and effecting influence on social policy and practice.     

Youth violence in South Africa: the case for a restorative justice response

Crime presents a fundamental challenge in South Africa. Particularly disturbing is the prevalence of violence committed by and against young people. The main purpose of this article is to look at how South Africa should deal with the issue of youth violence. It argues that while structural violence constitutes a significant contextual cause of the phenomenon, a more proximate and specific cause lies in young people’s exposure to direct violence in their schools, homes and communities. In many cases, therefore, simply sending young people to prison – where they may experience even greater levels of violence – is not the answer. This article thus examines the potential merits of restorative justice as a response to the problem of youth violence, focusing particularly on the 2009 Child Justice Act. This research is based on fieldwork in South Africa and draws upon both the author’s qualitative interview data and a range of surveys with young people conducted by the Center for Justice and Crime Prevention in Cape Town.     

UNDERSTANDING CHILDREN'S RIGHTS: THEORY AND PRACTICE

This article discusses the meaning of children's rights in the context of the European Convention on Human Rights and the UN Convention on the Rights of the Child. Both place primary responsibility for the upbringing and education of children on their parents and families. The freedom of parents to bring up their children in their own way is an important component of a liberal democracy founded on respect for individual differences. So if parents believe in moderate corporal punishment as a means of educating their children in their own religious beliefs, is the state justified in banning such punishment either in school or in the home in order to protect the children's rights? This article discusses the children's rights which are protected by doing so.     

Women Behind the Scenes in the Performing Arts

Within Ireland, interest in strategically supporting young people's participation in the arts has increased. Additionally, awareness of the Internet's potential for promoting engagement with the arts has grown. Addressing national directives and local needs assessments, South Dublin County Council's Arts Office initiated NOISE South Dublin (http://www.noisesouthdublin.com), an interactive Web site based on Australia Council's NOISE project (http://www.noise.net), to promote the creative development of young people in the county. This article presents the practical challenges and potential of youth arts Web-based programs for harnessing the creative engagement of youth. It concludes that the Internet is only useful if it expands online engagement offline.     

Youth Resilience: Can Schools Enhance Youth Factors for Hope,Optimism, and Success?

Resilience research requires attention to the factors that promote youth development and success. Youth success is associated with youth having adults in their lives who care about them and set high expectations for them to succeed; oftentimes these adults are presumed to be the children's parents. Because youth spend a great deal of time in schools, school settings may be a place where youth resilience can be fostered. In 2004, 6th-grade youth in 5 schools in Maricopa County, Arizona, were surveyed to determine if they had factors to promote their resilience. In these schools, teachers had been trained by an agency called Kids at Hope. Kids at Hope presupposes that “all children are capable of success, no exceptions” and offers an alternative paradigm to kids at risk. The results of this research show that youth who believe that they are successful and who are optimistic about themselves and their schools are more likely to find their schools to be places where they can be successful and optimistic.     

Diversion in youth justice: a pilot study of effects on self-reported mental health problems

As part of a larger study to evaluate the effects of a Liaison and Diversion scheme in community youth justice services, staff of newly established Youth Justice Liaison and Diversion (YJLD) teams undertook observational ratings and administered self-report mental health and risk measures to young people referred to this pathway. The overall objectives of the YJLD project were to divert young people from the criminal justice system and to coordinate other services in order to reduce their likelihood of reoffending and the extent of their mental health problems. Data were collected from five local authority areas in different parts of England. Young people thereby referred had an average of 5.4 h of contact with youth justice staff. For a sample of young people on whom data were available at the beginning and end of that process, there was evidence of a significant reduction in problems and a small but significant correlation between the amount of individual contact time with YJLD staff and the extent of change observed. Absence of a comparison sample limits the drawing of firm conclusions; however, recommendations are made for future controlled experimental studies.     

Children's Participation in Family Law Proceedings: A Step Too Far or a Step Too Small?

The Children (Scotland) Act 1995 established children's rights to have their views considered in family law proceedings. These rights go further than elsewhere in the UK: in requiring parents to consult their children when making any ‘major decision’, in creating a range of mechanisms for children to state their views and through facilitating children becoming party to legal proceedings if they are legally competent. Such rights are not without controversy, either in abstract (Is it in children's best interests to be involved in court proceedings? Should children have such rights?) or in practice (Do children and parents know of these rights and accompanying duties? How do legal professionals judge a child's competency?). This paper explores such controversies, using findings from a feasibility study undertaken with children, parents and legal professionals.     

CHILDREN,THE UNCRC,AND FAMILY LAW IN ENGLAND AND WALES

There is no doubt that, overall, there has been a great deal of activity in relation to children's rights under the United Nations Convention on the Rights of the Child (UNCRC) since it was ratified by the UK government in 1991. Of particular significance in the context of family law, however, are the provisions of Article 12, which have in many ways proved to be more problematic than other provisions, not least because, in the context of family law, children's participation rights are necessarily juxtaposed with the long‐standing and hitherto unchallenged rights of parents to make important decisions about family life. The reorganisation in 2001 of the family court welfare services in England and Wales with the creation of the Children and Family Courts Advisory and Support Service (CAFCASS), generated a new impetus for the consideration of children's participation rights and, at an organizational level, considerable progress has been made in embracing the provisions of the UNCRC. More problematic, however, is the acceptance of children's participation in making decisions about their futures by adults using and working in the family justice system. At the level of the courts, judicial attitudes are slow to change and in England, as court judgments often demonstrate, these are firmly rooted in a view of children as being incompetent in such issues; at the level of parents using the system, it is arguable that new discourses about the best interests of the child serve as a proxy for continuing discourses about parents’ rights that have become evident, most recently, in the context of an increasingly influential fathers’ rights lobby; and at the level of welfare practitioners, recent research also demonstrates that, although the rhetoric of children's rights is widely accepted, the willingness and ability to make these real in the context of family proceedings is, for a variety of reasons, less in evidence.     

Family Values: How Children's Lawyers Can Help Their Clients by Advocating for Parents

Children's lawyers too often view themselves as standing in opposition to parents in dependency proceedings. In this article, the authors argue that child advocates do a disservice to their clients by not using their considerable skills, role advantages, and moral authority to actively help parents. Noting that areas of common ground far exceed those places where the children's bar and the parents' bar might part company, the authors contend that children's lawyers have an obligation to actively fight for parents' rights. In particular, spending time early in a case to ensure that appropriate reunification services are being offered is well worth the investment, as it redounds to the benefit of all parties. Several concrete practice tips are offered regarding how children's lawyers can better serve their clients by regularly advocating for parents.     

Children's Rights and the Politics of Food: Big Food Versus Little People

This article traces the battle in the United States during the Obama administration, continuing into the Trump administration, to protect children's rights to food. It explores barriers to development of sound, science‐based food policies, including the refusal to recognize food as a human right, anti‐science denialism, hostility toward government regulation, and relative powerlessness of children. It points to the role of a “Big Food Pyramid” composed of powerful food industry and large scale distribution and marketing interests in blocking sound policies in prenatal and infant nutrition, school lunches, SNAP and WIC, the marketing to children of high fat and fructose‐laden products, and campaigns to increase youth fitness. While predicting a continuing assault at the federal level on children's rights to safe and healthy foods, the article highlights the positive role of consumer demand in shaping marketing, labeling and production of food and opportunities for leaders in the food industry and in government at local, municipal and state levels to continue the battle for sound food policies.     

FAMILY DEFINITIONS AND CHILDREN'S RIGHTS IN CUSTODY DECISION MAKING: THE IMPORTANCE OF A CHANGING LITIGANT CONTEXT

Recent scholarship has advocated two distinct approaches to promoting the preservation of children's attachment relationships during custody disputes between their biological and nonbiological parents. Some scholars argue that legal recognition of expansive definitions of the family is the key to protecting children's attachments, while others argue that such protection is contingent upon legal recognition of children's rights. This research examines the efficacy of these competing arguments through an analysis of 75 cases decided in 21 states and the District of Columbia between 2004 and 2005. Findings suggest that judicial attention to definitions of the family is generally confined to cases involving specific types of litigants; namely, former homosexual partners, couples who utilized fertility technologies, former stepparents, and presumptive fathers. In these instances, attention to broad conceptions of the family is associated with the maintenance of children's attachment relationships. Beyond this particular context, however, judges focus almost exclusively on balancing children's interests and rights against those of their biological parents. These findings suggest that both children's rights and family definitions influence judicial decisions, but their impact is context specific. For those scholars advocating legal change, this is an important insight because it shifts the debate from an “either/or” focus to one that recognizes the importance of the litigant context in custody decision making.     

CHILDREN'S RIGHTS IN EUROPEAN LEGAL PROCEEDINGS: WHY ARE FAMILY PRACTICES SO DIFFERENT FROM LEGAL THEORIES?

Debates about child custody following parental separation often have been framed in terms of a battle between the competing rights of different family members. In the United States, advocates of mothers’ rights square off against proponents of fathers’ rights, with each side claiming to truly represent children's rights. Of course, not all advocates lay claim to children's rights in contact and custody disputes merely as a tactical maneuver. Some experts believe that children are entitled to (and benefit from) their own, independent legal advocate in custody cases. In theory, at least, the position that children lay claim to a third set of independent rights is strongly held in Europe, more strongly than in many U.S. states, because of the adoption of United Nations Convention on the Rights of the Child in Europe, but not in the United States. In this article, we examine children's rights in custody disputes from a European perspective, particularly children's legal right to contact with their parents, as well as the children's right to be heard in custody and contact disputes. We find that, despite differences in legal theory, tradition, and family demographics, European countries ultimately face a familiar reality: Custody and contact disputes are, in reality, more about renegotiating family relationships than they are a matter of a mother's, father's, or child's rights.     

The stop and think group: Changing sexually aggressive behaviour in young children

Abstract

Until recently, relatively little attention has been paid to young children who are sexually aggressive to other children. In this paper, cognitive-behavioural group techniques which have been used in the treatment of aggressive, impulsive behaviour in young children were applied in a small group setting to the sexually aggressive behaviour of pre-pubescent boys. The boys initially learned a ‘Stop and Think” model for general interpersonal problem-solving, which was then used to work on their difficulties with verbal and physical sexual aggression. Observation of the children's behaviour, reports from carers, school staff and social workers indicated that the group programme increased the children's ability to inhibit impulsive, aggressive behaviour. In the nine months after the group finished there were no known incidents of sexual aggression. In the context of certain limitations discussed in the paper, this positive outcome suggests that these methods have potential for reducing the likelihood of sexually aggressive behaviour becoming habitual.     

PARENTAL INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM AND THE DEVELOPMENT OF YOUTH THEFT,MARIJUANA USE,DEPRESSION, AND POOR ACADEMIC PERFORMANCE*

Explanations for the fact that crime tends to run in families have focused on the deprived social backgrounds of criminal parents, methods of child‐rearing, modeling processes, and genetic mechanisms. However, parental involvement in the criminal justice system itself also might contribute to the intergenerational transmission of crime and have other adverse effects on children's well‐being. We investigated the development of youth problem behavior in relation to parental arrest, conviction, and incarceration in the youngest and oldest samples of the Pittsburgh Youth Study, a longitudinal survey of 1,009 inner‐city boys. Parental arrest and conviction without incarceration did not predict the development of youth problem behavior. Parental incarceration was not associated with increases in marijuana use, depression, or poor academic performance. However, boys experiencing parental incarceration showed greater increases in theft compared with a control group matched on propensity scores. The association between parental incarceration and youth theft was stronger for White youth than for Black youth. Parenting and peer relations after parental incarceration explained about half of its effects on youth theft. Because the effects of parental incarceration were specific to youth theft, labeling and stigma processes might be particularly important for understanding the consequences of parental incarceration for children.