BUILDING A MULTIDISCIPLINARY, COLLABORATIVE CHILD PROTECTION SYSTEM

The process of preparing lawyers and other professionals to work for the benefit of troubled children requires an understanding of concepts that extend far beyond the traditional course structure currently employed in American law schools. It is clear that mental health problems of children and families, compounded by substance abuse, influence behavior, resulting in children entering family and juvenile courts as victims of abuse or neglect and committing criminal acts. It is incumbent on law schools to incorporate training in fields far different from the traditional didactic experience in legal curricula if they are to address the current needs of children and familes who are ensnared in the nation's juvenile justice system. The beginning point of this process is within the legal training apparatus of America. Law schools must expand their curriculum to incorporate other disciplines to produce an advocate capable of serving the interest of children and society.     

Maltreatment of handicapped children: A critical review

Despite increased interest in child abuse and neglect in the past decade, little research attention has been focused on maltreatment in handicapped populations. This is surprising given that many handicapped children display characteristics (e.g., chronic and pervasive behavioral disturbances, decreased social initiations with caregivers) that are associated with high risk for assault and neglect in nonhandicapped children. Numerous investigations have found an overrepresentation of handicapped children in maltreated samples, and results of more recent efforts reveal a high incidence of abuse and neglect in handicapped populations. Although these data underscore the high risk for maltreatment in handicapped children, a number of important issues warrant further empirical examination. Moreover, generalizations and interpretations of findings from previous research have been obfuscated by methodological shortcomings. The present paper reviews the literature concerning abuse and neglect of handicapped children. Research strategies and issues are delineated and current problems in this field are discussed. Suggestions for directions future research might take are offered.     

Biology, childhood trauma, and murder: rethinking justice

This article reviews recent findings in the developmental neurophysiology of children subjected to psychological trauma. Studies link extreme neglect and abuse with long-term changes in the nervous and endocrine systems. A growing body of research literature indicates that individuals with severe trauma histories are at higher risk of behaving violently than those without such histories. This article links these two research areas by discussing how severe and protracted child abuse and/or neglect can lead to biological changes, putting these individuals at greater risk for committing homicide and other forms of violence than those without child maltreatment histories. The implications of these biological findings for forensic evaluations are discussed. Based on new understanding of the effects of child maltreatment, the authors invite law and mental health professionals to rethink their notions of justice and offender accountability, and they challenge policymakers to allocate funds for research into effective treatment and for service delivery.     

Best Practices for Serving Traumatized Children and Families

This paper highlights the traumatic impact of child abuse and neglect upon children and adolescents who are commonly seen in court systems. In addition to describing prevalence rates of trauma exposure and psychological reactions among traumatized children, it addresses the need for judges and court personnel to work with children and families in a manner that is sensitive to their traumatic experiences and emphasizes the need for these children to receive the very best evidence‐based care available in order to help them more effectively cope and recover from trauma exposure. Cultural issues and model adaptations are covered in relation to the use of evidence‐based practices with children from various cultural and ethnic backgrounds. Specific recommendations are given to help judges and court personnel become better informed about the use of evidence‐based practices for treating child trauma, enabling them to respond more sensitively and appropriately in these cases.     

The Impact of Model Court Reform in Arizona on the Processing of Child Abuse and Neglect Cases

Arizona juvenile courts have taken a series of steps over the past five years to improve the quality and timeliness of court proceedings in child abuse and neglect matters. These efforts encompass both procedural reforms to front‐load the early hearing process as well as reforms that require a clearly demarcated permanency hearing and permanency determination process. A comparative analysis of the impact of these changes in four selected counties reveals that child abuse and neglect cases are handled in a more timely manner; that children are spending considerably less time in out‐of‐home placements; that courts are becoming more specific in the orders generated at dependency hearings (particularly initial hearings); and that the State and federal governments have realized sizeable savings in placement costs.     

Children of Alcoholism: Implications For Juvenile Justice

Alcoholism and drug addiction affects the entire family. At least 22 million Americans have been raised in an alcoholic environment. Parental alcoholism and/or addiction can have profound emotional and psychological scars on the children. These homes are often characterized by emotional and or physical insecurity, loneliness, terror and inconsistency. The children from these homes often are extremely insecure have low self-esteem, and have a variety of emotional problems. Adolescents from addictive homes are over-represented in juvenile court as status offenders, delinquents and abuse and neglect cases. This article will discuss this issue and implications for the juvenile justice system and personnel working with these youth     

Fatal child abuse-maltreatment syndrome. A retrospective study in Ontario,Canada, 1990-1995

Child death due to repeated episodes of physical assault or neglect has been termed the child abuse-maltreatment syndrome (CAMS). We characterized the injuries in a series of fatally abused or maltreated child to delineate objective diagnostic criteria for the CAMS for use by clinicians and pathologists. All deaths (age <17 years) investigated by the Office of the Chief Coroner for Ontario, Canada during the time period 1990-1995 were reviewed. Cases of CAMS were defined as death due to lethal recent injury or malnutrition in the presence of significant old (healing or healed) injuries indicative of repeated episode of inflicted trauma. The nature and frequency of the various injuries was determined. The frequency of the shaken baby syndrome, and the types and frequency of ano-genital injuries were also studied. Twenty-one cases of fatal CAMS were found in the study period. Most cases had significant recent head injury with intra-cranial hemorrhage (71%). Other significant recent injuries commonly observed included blunt injuries of the skin and soft tissues (67%), blunt abdominal trauma with visceral injuries (14%), and fractures (18%). Eight cases (38%) fulfilled accepted criteria for the shaken baby syndrome. Many children with fatal head injuries had evidence of older head trauma (38% of all cases). A significant minority of cases had evidence of malnutrition due to neglect (10%) or ongoing ano-genital injuries (10%). Most cases of child homicides due to repeated episodes of abuse or maltreatment involve head trauma including shaken baby syndrome. Fractures of long bone and ribs, the classical markers of child abuse, were relatively infrequent compared with head injury. A proportion of cases had ano-genital injuries due to repeated sexual abuse or punitive maltreatment. All clinicians and pathologists must recognize the wide spectrum of injuries in child abuse to ultimate protect the victim or other children in an at-risk situation.     

"FOR THEIR OWN GOOD": CLASS INTERESTS AND THE CHILD SAVING MOVEMENT IN MEMPHIS, TENNESSEE, 1900–1917

This paper addresses the question of whether the "child saving" movement, a precursor of the modern juvenile justice system. was a benevolent movement to "save" delinquent youths or, as Platt (1977) contends, a class-based movement to extend social control to the children of the poor. Analysis of the child saving movement in Memphis, Tennessee, using historical data, provides support for the thesis advanced by Platt. The evidence collected here strongly suggests that it was the upper-class citizens who were in the forefront of the movement in Memphis. Also, social control was extended over a wide range of behavior (mostly noncriminal) of children and youths, particularly morals offenses and dependency/neglect cases. In Memphis the juvenile justice system was created to control and regulate the children of the poor, not to save them.     

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”.

     

Expressed‐Interest Legal Representation for Children in Substitute Care: Evaluation of the Impact of Representation on Children's Permanency Outcomes

Based on a combination of administrative data; juvenile court record review; and informed‐participant interviews of juvenile court judges, attorneys, and service providers, the current study examines the impact of the Foster Children's Project (FCP). FCP is a program that provides professional legal representation to children in substitute care. Legal representation by FCP attorneys is found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification is not, however, found to be affected by FCP representation. Implications for juvenile court policy and practice are discussed.

Key Points for the Family Court Community:
• The study is the first of its kind to examine the impact of client‐directed representation in cases of children in foster care through examination of Palm Beach County's Foster Children's Project (FCP), which provides professional legal representation to those in state care.
• FCP representation was found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification, however, remained stable.
• Research findings are based on administrative data; juvenile court record review; and interviews of juvenile court judges, attorneys, and service providers.

     

Using recidivism data to evaluate project 12-ways: An ecobehavioral approach to the treatment and prevention of child abuse and neglect

Many programs and projects have been remiss at looking at outcome variables such as recidivistic child abuse and neglect. Presented here are program evaluation data which examine recidivism data over 5 years across more than 700 families. Families receiving services from Project 12-Ways, a multifaceted in-home ecobehavioral approach, were compared with families indicated in the same region who received child protective services other than those offered by Project 12-Ways. Families who receive services from Project 12-Ways are less likely to reinjure or neglect their children again.     

Social-cognitive skills training with a sexually abused and abusive child psychiatric inpatient: Training,generalization, and follow-up

This paper describes the clinical application of a social-cognitive skills training program for an 11 1/2-year-old child psychiatric inpatient with a history of sexual abuse and neglect who was referred for hospitalization after sexually molesting a neighborhood girl. The content and procedures of the program are outlined in detail to facilitate replication. Results indicated that improvements were found on analogue role-play scenarios administered during training-which then generalized to several specific and general measures of social adjustment/competence on the inpatient unit. A 1-year follow-up assessment revealed the maintenance of these therapeutic gains. The implications of this therapeutic approach with maltreated children and need for more rigorous empirical outcome studies are discussed.     

Patient warnings in court-ordered evaluations of children and families

The rules covering disclosure of information generated by court-ordered clinical evaluations in Massachusetts require that patients be warned that the patient-psychotherapist privilege does not apply to the evaluation interview. The nature of the warning required ("the Lamb warning") is not perfectly clear and is especially uncertain when those being warned are children and families. Comparing the Lamb warning to the Miranda warning offers some insight but is not conclusive. To reach conclusions regarding the type and degree of procedural protections for children required by the Lamb warning, it is necessary to analyze the stakes, interests, and capacities involved for children in juvenile court. This analysis suggests that in most situations a relatively informal procedure is sufficient to provide the required warning. However, there are some exceptional circumstances in which more formal and thorough warnings should be required. These include juvenile transfer hearings and some situations involving child abuse and neglect.     

Protecting and Supporting Children in the Child Welfare System and the Juvenile Court

The impact of childhood trauma can be substantial and long term. Prevention of additional trauma should be the guiding principle for all professionals working with children in the child welfare and juvenile court systems. This article addresses ways these two systems can protect and support children before they enter the courtroom. This is accomplished by obtaining, sharing, and utilizing a complete trauma history on the child, as well as putting measures in place to protect against system‐generated trauma. It will also address how to reduce the trauma associated with testifying using psycho‐educational programs, and involving a caring, sensitive judge.     

Children Who Have Been Traumatized: One Court's Response

A court that is trauma‐informed can assist with the process of identifying children in need of trauma‐focused services and can provide education and direction to families frustrated by prior treatment failures. The unique role of the juvenile court judge as a community convener offers an opportunity to increase community awareness about the impact of trauma, and to promote the adoption of evidence‐based treatment for trauma victims. This article outlines the way that increased trauma awareness and trauma screening within a family court system mobilized the development of effective resources for children and families affected by trauma.     

Child Abuse,Neglect, and Delinquency: The Neurological Link

Recent research has demonstrated a clear connection between physical, emotional, and sexual abuse and neglect during childhood, and negative changes in a child's neurological development. Abnormal growth and developmental patterns in a child's brain as a result of abuse and neglect can lead to life‐long problems with self‐control, memory, emotion, judgment, consequential thinking, and moral reasoning, resulting in an increased likelihood of substance abuse, juvenile delinquency, and adult criminal behaviors. This article provides information on the abused child, neurological implications, and recommendations.     

DISRUPTING THE PATHWAY FROM FOSTER CARE TO THE JUSTICE SYSTEM—A FORMER PROSECUTOR'S PERSPECTIVES ON REFORM

Nearly half a million children are victims of abuse and neglect and part of our foster care system. Over time, many of these youth cross into our juvenile and then adult justice systems; some will end up as federal offenders, immersed in a process where mandated penalties provide little room for flexibility or consideration of the characteristics and needs of the individual. This article will offer the perspectives of a former prosecutor and child welfare advocate on: (i) the current conditions and challenges within our foster care system—the feeder for many youth into gangs and criminal activity; (ii) the misaligned priorities and disheartening patterns we currently see in our justice system; and (iii) the ill‐advised practices, that set our nation apart from the rest of the world, allowing juvenile offenders to receive life without parole sentences. The article will then discuss a series of recommendations in all of these areas that would enable us to turn the corner and chart an improved and more hopeful path for our nation's vulnerable and at‐risk children and youth.     

Maternal Childhood Sexual Trauma,Child Directed Aggression,Parenting Behavior,and the Moderating Role of Child Sex

Using propensity-matched controls, the present study examines the associations between maternal report of child-directed aggression and observed parenting behavior across early childhood for women with and without childhood sexual trauma histories. The moderating role of child sex was also examined. The sample (N?=?204) is from a longitudinal study of rural poverty exploring the ways in which child, family, and contextual factors shape development over time. After controlling for numerous factors including child and primary caregiver covariates, findings reveal that childhood sexual trauma is related to sensitive parenting behavior and child-directed aggression. Findings further revealed that child sex moderates the relation between sexual trauma history and maternal behavior towards children. Implications for interventions for mothers with childhood sexual trauma histories and directions for future study are proposed.     

Identifying trauma symptoms among adjudicated youth using the BASC-2 SRP and CROPS

This study examines the ability of the Behavior Assessment System for Children, Self Report of Personality-Adolescent, 2nd edition (BASC-2-SRP-A) to predict trauma symptomatology as measured by the Child Report of Post-traumatic Stress among a sample of 59 male and 59 female adjudicated youth. Logistic regression revealed that clinically significant CROPS scores were predicted by BASC-2-SRP Social Stress and Somatization scale scores. A second logistic regression indicated that among youth with significant CROPS scores, gender was predicted by Sensation Seeking and Depression scale scores. Further, 47.4% (n = 56) of juvenile offenders’ CROPS scores were clinically significant, with females scoring significantly higher than males. Results endorse the validity of the CROPS and suggest that with additional analysis the BASC-2-SRP may also have the potential to identify juvenile offenders with a history of trauma.     

The Relationship Between Traumatization and Pain: What is the Role of Emotion?

The role of emotion in the relationship between traumatic experiences and physical pain was examined via path modeling by using a sample of hospital outpatients (N = 138). Most of the participants reported being traumatized (77%) and experiencing chronic pain (69%). Trauma survivors and nontraumatized individuals did not differ significantly on mean symptom scale scores (i.e., depression, anxiety, anger, dissociation, somatization and pain). However, a moderate effect size was found for dissociation. There were also significant associations found between trauma levels and levels of adult symptomatology. Interestingly, sexual abuse was less highly correlated with symptomatology than other types of traumatization, such as neglect. None of the three proposed path models describing the relationship between trauma, pain, and emotion fit the data successfully. Implications are discussed.