Relinquishing custody as a requisite for receiving services for children with serious emotional disorders

A review of the literature was conducted to assess the extent and nature of the practice of requiring parents to transfer custody in order to receive public funding for intensive services needed by their child/adolescent who had a serious emotional disorder. The review focused on the legal and policy basis of this practice as well as its social and psychological impact on child and family. We conclude that the practice of transfer of custody as a requirement for receiving financial aid occurs in a majority of states, though the actual extent of this practice is not known. The major factor influencing the use of transfer of custody appears to be the absence of an appropriate and adequate system of services for children and adolescents with serious emotional disorders. We recommend that the practice of requiring custody transfer for the sole purpose of receiving services be abolished and offer several suggestions for improving acess to services.Preparation of this article was supported in part by the National Institute of Mental Health (NIMH) under contract no. 89MF761903. The authors are grateful to John Burke and Kelly Kelleher of the Division of Biometry and Applied Sciences, NIMH for their assistance on this project. Laurie Flynn, Executive Director for the National Alliance for the Mentally Ill, was very helpful during the informative stage of the project. Barbara Friesen, Director of the Research and Training Center at Portland State University, gave us useful guidance throughout the project. We thank Stephen Hill, Consultant to the National Governors' Association, for his help. We are grateful to Amy Hewitt and Carol Ishler for their assistance in preparing this report. We also would like to acknowledge several individuals who assisted us with research reported in this article. We are grateful to Governor Richard F. Celeste of Ohio for his letter of support for the state survey of custody transfer practices. We appreciate the efforts on behalf of this survey by staff from the State of Ohio, particularly Jean Ellen Stevens, Administrative Assistant to the Director of the Department of Mental Health. Margraret McNally assisted in the compilation of data for both surveys.     

Working positively with sexual offenders: maximizing the effectiveness of treatment

In this article, the authors draw on literatures outside sexual offending and make suggestions for working more positively and constructively with these offenders. Although the management of risk is a necessary feature of treatment, it needs to occur in conjunction with a strength-based approach. An exclusive focus on risk can lead to overly confrontational therapeutic encounters, a lack of rapport between offenders and clinicians, and fragmented and mechanistic treatment delivery. The authors suggest that the goals of sexual offender treatment should be the attainment of good lives, which is achieved by enhancing hope, increasing self-esteem, developing approach goals, and working collaboratively with the offenders. Examples are provided of how these targets may be met. When this is done within a therapeutic context where the treatment providers display empathy and warmth and are rewarding and directive, the authors suggest that treatment effects will be maximized.     

Exploring the literature on relationships between gender roles, intimate partner violence, occupational status, and organizational benefits

Studies of intimate partner violence (IPV) and work have been primarily conducted with women in low-wage low-status (LWLS) positions, as much of this research has focused on poverty, welfare, and homelessness. Although women in LWLS positions represent a large percentage of working women in the United States, it is also important to investigate experiences of women in high-wage high-status (HWHS) positions because a growing number of women are employed within such jobs. We propose gender role theory can be used to explain occurrences of IPV among women in HWHS positions and their utilization of organizational benefits. We suggest those in HWHS positions may be likely to have access to organizational benefits (e.g., medical, vacation, and flexible work schedules) and the ability to utilize the Family and Medical Leave Act. However, prevailing gender roles existing in organizations may render women in HWHS positions unlikely to use benefits or to take leave.     

Automated Texture Recognition of Quartz Sand Grains for Forensic Applications*

Quartz sand surface texture analysis has been automated for the first time for forensic application. The derived Basic Image Features (BIFs) provide computer-generated texture recognition from preexisting data sets. The technique was applied to two distinct classification problems; first, the ability of the system to discriminate between (quartz) sand grains with upturned plate features (indicative of eolian, global sand sea environments) and grains that do not exhibit these features. A success rate of grain classification of 98.8% was achieved. Second, to test the ability of the computer recognition system to identify specific energy levels of formation of the upturned plate surface texture features. Such recognition ability has to date been beyond manual geological interpretation. The discrimination performance was enhanced to an exact classification success rate of 81%. The enhanced potential for routine forensic investigation of the provenance of common quartz sand is indicated.     

Animal-related fatalities--part II: characteristic autopsy findings and variable causes of death associated with envenomation, poisoning, anaphylaxis, asphyxiation, and sepsis

In addition to blunt and sharp trauma, animal-related fatalities may result from envenomation, poisoning, anaphylaxis, asphyxiation, and sepsis. Although the majority of envenomation deaths are caused by hornets, bees, and wasps, the mechanism of death is most often anaphylaxis. Envenomation resulting from the injection of a poison or toxin into a victim occurs with snakes, spiders, and scorpions on land. Marine animal envenomation may result from stings and bites from jellyfish, octopus, stonefish, cone fish, stingrays, and sea snakes. At autopsy, the findings may be extremely subtle, and so a history of exposure is required. Poisoning may also occur from ingesting certain fish, with three main forms of neurotoxin poisoning involving ciguatera, tetrodotoxin ingestion, and paralytic shellfish poisoning. Asphyxiation may follow upper airway occlusion or neck/chest compression by animals, and sepsis may follow bites. Autopsy analysis of cases requires extensive toxinological, toxicological, and biochemical analyses of body fluids.     

Skepticism and Sanction: The Benefits of Rejecting Moral Responsibility

It is sometimes objected that we cannot adopt skepticism about moral responsibility, because the criminal justice system plays an indispensable social function. In this paper, I examine the implications of moral responsibility skepticism for the punishment of those convicted of crime, with special attention to recent arguments by Saul Smilansky. Smilansky claims that the skeptic is committed to fully compensating the incarcerated for their detention, and that this compensation would both be too costly to be practical and would remove the deterrent function from incarceration. I argue that the skeptic is not committed to full compensation of the offender, and that the costs of such compensation would in any case be far smaller than Smilansky thinks. In fact, I claim, the costs of the criminal justice system to which the skeptic is committed might be very much lower than the costs ?C economic, social and moral ?C we currently pay as a consequence of our system of punishment.     

The Impact of Pro-Government Militias on Human Rights Violations

New data show that between 1982 and 2007, in over 60 countries governments were linked to and cooperated with informal armed groups within their own borders. Given the prevalence of these linkages, we ask how such links between governments and informal armed groups influence the risk of repression. We draw on principal-agent arguments to explore how issues of monitoring and control help understanding of the impact of militias on human rights violations. We argue that such informal agents increase accountability problems for the governments, which is likely to worsen human rights conditions for two reasons. First, it is more difficult for governments to control and to train these militias, and they may have private interests in the use of violence. Second, informal armed groups allow governments to shift responsibility and use repression for strategic benefits while evading accountability. Using a global dataset from 1982 to 2007, we show that pro-government militias increase the risk of repression and that the presence of militias also affects the type of violations that we observe.     

Quality of criminal responsibility reports submitted to the Hawaii judiciary

This paper is the third in a series of research reports on quality of forensic mental health evaluations submitted to the Hawaii judiciary. Previous studies examined quality of reports assessing competency to stand trial (CST) and post-acquittal conditional release, in felony defendants undergoing court-ordered examinations. Utilizing a 44-item quality coding instrument, this study examined quality of criminal responsibility reports in a sample of 150 forensic mental health evaluations conducted between 2006 and 2010 by court-appointed panels. Raters attained high levels of agreement in training and quality coding. Similar to the previous studies, overall quality of reports was mediocre, falling below the .80 quality criterion score for report elements, regardless of evaluator professional identification or employment status. Level of agreement between evaluators and judicial sanity determinations was “fair” using Cicchetti's (1994) standards for interpretation of intra-class correlations. Level of agreement was lower than previously published findings for CST reports and better than conditional release reports. Reasons for mediocre report quality and “fair” inter-rater agreement are discussed, including the fact that criminal responsibility evaluations are complex, retrospective in nature, and involve significant degrees of inference. In contrast to CST evaluations, assessment of criminal responsibility involves a mental state at the time of the offense evaluation. Threats to reliability in forensic reports are discussed. Suggestions for improvement of report quality are proffered, including standardization of procedures and report format and use of forensic assessment instruments.