Profiles of Victimized Women Among the Child Welfare Population: Implications for Targeted Child Welfare Policy and Practices

Despite the call to address domestic violence along with child maltreatment, little information exists to guide services for victimized women involved with child welfare. Research shows that victimized women contend with multiple problems stemming from violent victimization. Unfortunately less is known about combinations of needs and resources among victimized women, especially for those involved with child welfare. Through an examination of needs and resources among families with child maltreatment and domestic violence, we aimed to help address this knowledge gap. Needs and resources among 1,229 victimized caregivers were examined using the National Survey of Child and Adolescent Well-being (NSCAW). Using latent class analysis, four distinct multivariate profiles of needs and resources among victimized caregivers were identified. Significant differences were found among the profile groups in the family violence they experienced in the 18 months following child welfare investigations. Based on these findings, we discuss implications for tailored practices to enhance the safety of victimized caregivers involved with child welfare. An earlier version of this paper was presented at the 9th Annual Conference of the Society for Social Work and Research, Miami, Florida in January 2005.     

The Hispanic Experience of the Child Welfare System

As the Hispanic population grows in the United States and the child welfare system, it is necessary to examine how experiences of Hispanic families differ from those of White/Caucasian families and to assess whether Hispanic families’ needs are properly addressed. This literature review will examine research on the outcomes and experiences of Hispanic families in the child welfare system and how case characteristics interact with the experiences of Hispanic families. This article will then explore theories for Hispanic families’ different experiences and conclude by recommending future directions and solutions for improving the experiences of Hispanic families in the child welfare system.     

The Nature and Determinants of Child Representation Practice in Child Welfare Cases

The representation of children in dependency cases is an emerging legal specialty. Although scholars have attempted to articulate the duties that should characterize best practices, there has been little, if any, research concerning what child representatives actually do in practice. Using a sample of 168 child representatives in Georgia and Washington State, this study examines the relative significance of various case‐related activities and how these vary as a function of case‐ and attorney‐level characteristics. Based on the findings, we conclude that attorney activities are influenced by a combination of case and attorney characteristics, suggesting several distinct avenues for improving legal representation for children in dependency cases.     

Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform

Current trends intensify the longstanding problem of how the rule of law should be institutionalized in the welfare state. Welfare programs are being redesigned to increase their capacities to adapt to rapidly changing conditions and to tailor their responses to diverse clienteles. These developments challenge the understanding of legal accountability developed in the Warren Court era. This article reports on an emerging model of accountable administration that strives to reconcile programmatic flexibility with rule-of-law values. The model has been developed in the reform of state child protective services systems, but it has potentially broad application to public law. It also has novel implications for such basic rule-of-law issues as the choice between rules and standards, the relation of bureaucratic and judicial control, the proper scope of judicial intervention into dysfunctional public agencies, and the justiciability of "positive" (or social and economic) rights.     

In the Best Interests of an Indian Child: The Indian Child Welfare Act

Before passage of the Indian Child Welfare Act in 1978, state, private, and federal agencies systematically removed Indian children from their families and tribal communities, placing them with non‐Indian families with little appreciation for the detrimental impact that cultural deprivation would have on these children. State courts often ignored the sovereign authority of tribal courts with regard to their children, and were, more often than not, unwilling to acknowledge the importance of the perspective of the child's tribe and/or extended family members. With passage of the Indian Child Welfare Act in 1978, Congress imposed upon state child welfare practices substantive and procedural requirements to which state courts must adhere, most notably the mandate that state courts must now give primary consideration to the placement of Indian children within their extended families and tribal communities. In addition, federal law requires state courts to recognize tribal court authority and jurisdiction over tribal children. This article reviews the history of federal, state, and private practices that propelled Congress to pass the ICWA, the changes that have resulted from this vital legislation, and the challenges that face courts in ensuring that state courts meet these requirements.     

Lawyers, Legislation and Social Welfare

Efficiency considerations have played an increasing role in the development of legal doctrine over the last decades. Our paper investigates the consequences of the efficiency doctrine for the long run allocation of human resources between the legal profession and other professional activities. It is argued that a short run pursuit of the efficient scope of legislation may create an inefficient oversupply of lawyers under free entry into the legal profession. Self-regulation of entry into the legal profession by the bar association may provide higher aggregate welfare. Liberalization of professional entry can explain both the expansion of legislative activity and the unprecedented growth rate of the legal profession in many countries.     

Social Welfare and ISIS Foreign Fighters

European Journal on Criminal Policy and Research - We provide empirical support for a positive relationship between social safety spending and the phenomenon of ISIS foreign fighters, particularly...     

Clashing Rights, the Welfare of the Child and the Human Rights Act

Under the Human Rights Act so far there has been until very recently little judicial or even academic recognition of the difference between resolving clashes of Convention rights and addressing conflicts between utilitarian concerns and such rights. This article has chosen to illustrate that failure of recognition and to consider methods of resolving the conflict between rights, by concentrating on one particular clash of rights – that between media free speech under Article 10 and the privacy of children under Article 8. It argues for presumptive equality for the two rights and for conducting a 'parallel analysis' of their application to the circumstances of a particular case. It contends that therefore the principle that the child's welfare is paramount must be abandoned in its present form, as must the presumptive priority accorded to Article 10 where that principle is not found to apply.     

Exploring Indian Child Welfare Act implementation and case outcomes

Despite the passage of the Indian Child Welfare Act (ICWA) more than four decades ago, little is known about how or how well it is being implemented into practice by the state courts or how implementation may be related to improved outcomes for Indian children and families. This study explores how ICWA implementation in five state court sites is related to case outcomes. One hundred and fifty-one ICWA cases were reviewed for factors including active efforts findings, tribal presence at hearings, use of qualified expert witness (QEW) testimony, notice, and confirmation of ICWA status. Results are mixed. Specific ICWA implementation measures and aggregate measures were mostly not related to outcomes, but early implementation, such as having the tribe present at the first hearing, did appear related to timely permanency. Implications of these findings and future research directions are discussed.     

Crossroads: The Intersection of Immigrant Enforcement and the Child Welfare System

Diana's children were placed in foster care when they were one‐ and three‐year‐olds. Their mother was arrested when she fought back to defend herself against an attack by her abusive boyfriend, Thomas. Thomas assaulted her in her apartment when she tried to end their relationship. A neighbor heard screams and called the police. When officers arrived, Thomas told his version of the events, but Diana was not able to communicate with the officers, since they did not speak Spanish and did not obtain the assistance of interpreters. The officers saw scratches on Thomas and a possible bite mark, in addition to bruises and scratches on Diana, arrested both of them, and called Child Protective Services (CPS) to take the children. Immigration and Customs Enforcement (ICE) soon issued a detainer when they obtained a copy of Diana's fingerprints through the Secure Communities program ¹ in effect in her local jurisdiction. Upon further review of the circumstances, the prosecutor decided to drop the charges against Diana; however, ICE took custody of her. She was subsequently transferred to a different immigrant detention center 300 miles away. The CPS caseworker placed Diana's children in temporary foster care with foster parents who did not speak Spanish, instead of with a willing aunt who had undocumented immigration status. Diana's children, born in the United States, are U.S. citizens. As the months passed, the children were no longer learning Spanish. The children did not visit with or talk with their mother for over six months because the CPS caseworker was unsure of Diana's whereabouts and how to communicate with her, despite that the original case plan called for reunification. As a result, the goal of the case plan was revised to pursue the termination of parental rights instead of family reunification.     

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.     

西方儿童福利的百年架构

我们都曾经是儿童,我们都希望孩子们幸福,这一直是并将继续是人类最普遍珍视的愿望。在联合国网站上,这句话被置于儿童议题的显著位置。6月总是多姿多彩的,不仅是节气的关系,还有月首的特殊意义——国际儿童节,这个属于所有儿童的日子点亮了6月,也让我们重拾儿童福利的议题。     

The Economics of Bail Setting and Social Welfare

In most jurisdictions, there is a statutory preference for releasing on bail an accused in custody that has not yet been convicted unless the accused is charged with very serious offence like homicide. Nonetheless, the courts are vested with the powers to decide on the quantum of bail or to even refuse bail outright. To induce the defendant to surrender for trial [Lim, B.-T., & Quah, E. (1998). Economics of bail setting. Bulletin of Economic Research, 257–264] demonstrate that the bail quantum should be based on the expected cost of punishment and the probability of re-arrest if the defendant jumps bail. However, there are costs to society if the defendant absconds, which include, inter alia, the cost of re-arresting the defendant. In this paper, we derive the optimal bail quantum on the assumption that the probability of re-arrest and the penalty for absconding are chosen by the courts whose objective function is to minimize the sum of the expected harm to society and the net costs to law enforcement if the defendant jumps bail. The cost and benefit of being released on bail are examined. A model is proposed which may be useful to the court officials in bail setting as an effective means to secure the defendant's attendance at trial as well as to achieve social equity.     

儿童福利视野下的少年司法路径选择

经过近三十年的探索与发展,我国少年司法制度在维护未成年人合法权益及预防未成年人违法犯罪上取得较大成绩。随着少年司法改革的进一步深化及与国际接轨的沉重压力,当前迫切需要以儿童福利理念、机制与政策全面贯彻少年司法始终,逐步建立、健全少年司法与刑事司法双轨制,并提升少年刑事司法、少年民事司法及少年行政司法一体化建设,推动青少年事务局等专门性、专业性政府协调机构的建立。