Relocation Issues in Child Custody Evaluations: A Survey of Professionals

We report on a sample of 90 child custody evaluators in the United States, who completed an online questionnaire on their attitudes and beliefs in child custody relocation cases. Findings indicated that the vast majority of participants relied on relevant professional literature and utilized a relocation risk assessment forensic model. Participants found many risk, protective, and specific relocation factors important, but the triad of past parental involvement, support for the other parent, and child's age were afforded the most importance. Participants also reported that the moving parents sought relocation for educational/vocational reasons, to receive support of their extended family, or to remarry, while the nonmoving party most commonly opposed relocation due to fears of interference/damage to the nonmoving parent–child relationship, restrictive gatekeeping, and alienation. A common trend among participants was concerns over the possible detrimental impact of any relocation on the nonmoving parent–child relationship and quality of co‐parenting. The vast majority of participants reported that they made specific recommendations to the court about relocation, and the court agreed with their recommendation the overwhelming majority of the time. We discuss Implications of the findings as well as areas needing further research.     

RELOCATION,RESEARCH, AND FORENSIC EVALUATION,PART I: EFFECTS OF RESIDENTIAL MOBILITY ON CHILDREN OF DIVORCE1

The issue of relocation presents courts and child custody evaluators with dilemmas on the issue of allowing a child to move with a parent to a new community and how to craft long‐distance parenting plans if relocation is allowed. The issue of the potential effects of residential moves on children of divorce has focused on the importance of the child–nonresidential parent relationship. The research literature on the effects of residential moves, or relocation, on children of divorce has not been fully integrated into the examination of this issue and its relevance for the child custody evaluation. The literature shows residential mobility is a general risk factor for children of divorce and this is a starting point for the custody evaluation, but it is not a basis for bias or a presumption against relocation. Predicting a child's adjustment to relocating or not relocating requires a careful and contextual investigation of the child and family circumstances. The research literature is a helpful frame of reference.     

PARTNER VIOLENCE AND RISK ASSESSMENT IN CHILD CUSTODY EVALUATIONS

How to integrate the problem of partner violence into a child custody evaluation is analyzed within a risk-assessment approach. The research literature on partner violence is reviewed to examine the issues of establishing a base rate for partner violence and its relative frequencies for both genders. Theoretical typologies of partner violence are reviewed and a new typology presented that is more suitable to the predictive task in the custody evaluation. A model of how the evaluator should approach partner violence is described, with an integration of a risk-assessment approach to child developmental outcomes as associated with custody and parenting time arrangements and a violence risk assessment of a perpetrator/parent.     

Effects of Partner Violence and Physical Child Abuse on Child Behavior: A Study of Abused and Comparison Children

This study tests a model of the effects on child behavioral outcome of the child's exposure to partner violence and child abuse, in children who have experienced the two forms of victimization either separately or together. Recognizing that family contextual factors play an important role in influencing child outcome, an ecological model is proposed that designates family stress as the principal exogenous factor, with effects on child outcome mediated through caretaker distress, partner violence, and child abuse. The sample consists of 100 confirmed cases of physically abused New York City schoolchildren, ages 9 to 12 years, and their families, and 100 nonmaltreated classmates, matched for gender, age, and, as closely as possible, for race, ethnicity, and socioeconomic status, and their families. Child behavioral outcome is assessed by classmates for antisocial, prosocial, and withdrawn behavior and by parents and teachers for externalizing and internalizing problem behavior. Results are generally consistent with the hypothesis that partner violence and caretaker distress, both associated with family stress, increase the risk for child abuse and thereby raise the child's risk for poor outcome. Implications of differences among raters for the model's applicability, and implications of the results for clinical intervention, are discussed.     

Assessment and Intervention with Parents to Stabilize Children Who Have Witnessed Violence

When children are exposed to violence, interventions require the assessment of parents. Whether parents can create a safe environment, are able to hear their children's story of their exposure, and then can help them move forward in healthy life patterns, must be evaluated. When safety is established, treatment of parents must be focused on how the parent can enhance the child's sense of security and empathic connection. Assessment must identify the red flags that suggest a need for more intensive work with the parent to address these issues, before specific work with the child begins. Treatment can utilize the parent's best wishes for their child to help motivate parents do the work needed for their own and their children's recovery.     

Examining the Science and Practice of Violence Risk Assessment with Female Adolescents

While the field of violence risk assessment among adult males has progressed rapidly, several questions remain with respect to the application of forensic risk assessment tools within other populations. In this article, we consider the empirical evidence for the assessment, prediction, and management of violence in adolescent girls. We discuss limitations of generalizing violence risk assessment findings from other populations to adolescent girls and point out areas where there is little or no empirical foundation. Critical issues that must be addressed in research prior to the adoption or rejection of such instruments are delineated. Finally, we provide practice guidelines for clinicians currently involved with adolescent females within risk assessment contexts.     

Prediction Versus Management Models Relevant to Risk Assessment: The Importance of Legal Decision-Making Context

Most of the theoretical and empirical literature on violence risk to date has focused on the task of predicting who will behave violently. In the present article, it is argued that at least two models of risk assessment may be applied to the varying legal decisions in which violence risk is a consideration: prediction (with an emphasis on overall accuracy) and management (with an emphasis on risk reduction). These two models are described, and discussed in the contexts of the literatures on forensic assessment and therapeutic jurisprudence. The implications for research, policy, and practice are considered.     

Assessing reliability, validity, and clinical utility of the BEST-Index in measuring living skills among forensic inpatients

The assessment of behavioral change as a result of inpatient treatment in forensic psychiatry is an important precondition for violence risk prediction in forensic psychiatry. In relation to a multitude of diagnostically based risk assessment instruments, there is a shortage of appropriate instruments with which to carry out valid and reliable therapeutic assessments that are behaviorally based and therefore appropriate for use within varied psychiatric contexts. There is also a need for instruments which will offer assessors the opportunity to examine possible relationships between criteria of social risk and criteria of more general aspects of social functioning. Tapping the issues pointed out above, the authors present an overview of a normatively based social profiling instrument (the BEST-Index), and discuss evidence for its validity, reliability, and aspects of clinical utility.     

The Empirical Limits of Forensic Mental Health Assessment

This article introduces a special issue of Law and Human Behavior, including five articles describing the limits of forensic mental health assessments of (a) risk of violence in female adolescents, (b) sexually violent predators, (c) dangerousness in capital murder cases, (d) child sexual abuse, and (e) PTSD litigants. Knowing the limits of forensic mental health assessment methods is essential in order to recognize their strengths, increase the credibility of forensic mental health assessment, and drive research that will enhance the value of assessments for the courts.     

Methodological development: structured outcome assessment and community risk monitoring (SORM)

This paper describes an effort to develop a clinical tool for the continuous monitoring of risk for violence in forensic mental health clients who have left their institutions and who are dwelling in the community on a conditional release basis. The model is called Structured Outcome Assessment and Community Risk Monitoring (SORM). The SORM consists of 30 dynamic factors and each factor in SORM is assessed in two ways: The current absence, presence or partial och intermittent presence of the factors, which is an actuarial (systematized and 'objective') assessment. Secondly, the risk effect, i.e. whether the presence/absence of factors currently increases, decreases or is perceived as unrelated to violence risk, is a clinical (or impressionistic) assessment. Thus, the factors considered via the SORM can be coded as risk factors or protective factors (or as factors unimportant to risk of violence) depending on circumstances that apply in the individual case. Further, the SORM has a built-in module for gathering idiographical information about risk-affecting contextual factors. The use of the SORM and its potential as a risk monitoring instrument is illustrated via preliminary data and case vignettes from an ongoing multicenter project. In this research project, patients leaving any of the 9 participating forensic hospitals in Sweden is assessed at release on a variety of static background factors, and the SORM is then administered every 30 days for 2 years.     

Violence risk profile of medium- and high-security NGRI offenders in Belgium

Under Belgian law, offenders not guilty by reason of insanity (NGRI) are committed by the courts to forensic mental health treatment. The use of violence risk assessment tools has become routine in these settings. However, there are no national statistics regarding violence risk assessment in the Belgian forensic population. A study was undertaken to collect risk assessment data (PCL-R, VRAG, HCR-20) on a large cohort of forensic patients committed to Medium Security units in the Flanders region and in High-Security units in the Walloon region. Flemish patients were expected to present a lower risk compared with their Walloon counterparts. Instead, data yielded by a structured risk assessment method demonstrate the opposite. Moreover, the majority of patients in Flemish facilities had committed violent offenses and were institutionalized for shorter periods whereas the majority of Walloon patients had committed sexual offenses and were institutionalized for markedly longer periods.     

Applying a forensic actuarial assessment (the Violence Risk Appraisal Guide) to nonforensic patients

The actuarial Violence Risk Appraisal Guide (VRAG) was developed for male offenders where it has shown excellent replicability in many new forensic samples using officially recorded outcomes. Clinicians also make decisions, however, about the risk of interpersonal violence posed by nonforensic psychiatric patients of both sexes. Could an actuarial risk assessment developed for male forensic populations be used for a broader clientele? We modified the VRAG to permit evaluation using data from the MacArthur Violence Risk Assessment Study that included nonforensic male and female patients and primarily self-reported violence. The modified VRAG yielded a large effect size in the prediction of dichotomous postdischarge severe violence over 20 and 50 weeks. Accuracy of VRAG predictions was unrelated to sex. The results provide evidence about the robustness of comprehensive actuarial risk assessments and the generality of the personal factors that underlie violent behavior.     

BEFORE DEATH, WE MUST PART:

Domestic violence trends and case law reporters across the country suggest the time is right for a new alternative in the struggle to provide refuge for victims of domestic violence. As the American justice system stands right now, there is no significant mechanism in the United States with the financial, legislative, and legal backing to help victims of domestic violence escape. A model for relocation based upon the Federal Witness Protection Program can provide such a mechanism. The first part of this note presents a New Jersey case where a divorce proceeding resulted in the relocation and change of identity of a battered woman and her children, and suggests this remedy as a model for an interstate or federal relocation program for domestic violence victims. The next part provides a discussion of the merits and rationale behind such a program. The third part discusses the types of batterers this program would seem to protect against, a legal standard to ascertain whether someone is eligible, and certain logistical issues of a theoretical program. The next two parts discuss items troublesome to the implementation of both state and federal programs. The sixth part discusses potential issues such programs might face once implemented on both levels. Finally, the last part provides an overall assessment of the feasibility of such programs, followed by the conclusion. While the costs that would be incurred by such a program on the interstate or federal level may be quite high, it is quite clear that relocation and protection could save countless lives each year and provide a new beginning for the innocent victims that toil in a world of domestic violence.     

Clinical Assessment of Parents in Child Protection Cases: An Empirical Analysis

We investigated the content and legal relevance of clinical evaluations of parents conducted in child abuse and neglect cases. The sample consisted of 190 mental health evaluation reports, randomly selected from major providers, that had been completed on parents involved in a large, urban juvenile court system. We coded evaluations on 170 objective and qualitative characteristics in order to assess for criteria recommended in the forensic literature. We compared evaluations across groups categorized by type (e.g., psychological, psychiatric, bonding/parenting, substance abuse) and where the assessments were performed (outside or inside the court). We found numerous substantive failures to meet those criteria for forensic relevance. Evaluations of parents typically were completed in a single session, rarely included a home visit, used few if any sources of information other than the parent, often cited no previous written reports, rarely used behavioral methods, stated purposes in general rather than specific terms, emphasized weaknesses over strengths in reporting results, and often neglected to describe the parent's caregiving qualities or the child's relationship with the parent. Some relevant differences were evident across assessment groups, pointing to examples of more thorough, parenting-specific evaluation practices. We recommend ways to improve current practices in forensic parenting assessment.     

Implementing violence and incident reporting measures on a forensic mental health unit

The assessment of risk and prediction of violence in mental health units can play a large role in creating a safer environment for both the staff and the patients. Nurses in forensic units are in a unique position in regards to assessment of violence as they spend a great deal of time with the patients. Nurses on a forensic mental health unit scored the Brøset Violence Checklist (BVC) twice daily for 12 weeks for all patients either resident on or admitted to the unit (N?=?46). The Staff Observation Aggression Scale-Revised (SOAS-R) was used to report any adverse incidents (N?=?51). Data were examined at the both the item and scale level. Main results showed the area under the curve values of the BVC score, slide rule, and the sum of BVC and slide rule score in turn demonstrated strong predictive accuracy for inpatient aggression (0.68–0.73). Through logistic regression analyses the BVC uniquely predicted inpatient aggression but adding the slide rule did not improve prediction. Predictive accuracy was found across three diagnostic groups – dementia, psychosis and substance use disorders. These results provide further support on the predictive accuracy of the BVC for short-term violence in forensic mental health settings.     

HCR-20 violence risk assessments as a guide for treating and managing violence risk in a forensic psychiatric setting

Abstract

Over the past decades there has been a vast development in the research into risk factors for violence and the development of risk assessment instruments. One instrument that has been given special attention is the HCR-20 violence risk assessment scheme. However, little attention has been paid to the clinical applicability of this tool, i.e. how does this assessment scheme perform when utilized in clinical practice as a tool to guide intervention and management in order to alleviate risk of violent behaviour? The present study was a true prospective study into the utilization of the HCR-20 as a clinical routine. Data on forensic psychiatric patients (n = 81) from a forensic unit in Denmark are presented. As part of a clinical routine all patients were assessed for risk of future violence utilizing the structured professional judgement model, the HCR-20. Outcome measures were aggressive episodes during hospitalization and new convictions post discharge. The predictive validity of the HCR-20 was lower compared with previous findings. It is argued that this does not necessarily indicate poor predictive accuracy of the HCR-20. Rather, it may indicate that the HCR-20 is suitable for guiding risk management in order to prevent violent behaviour.     

EMOTIONAL DISTRESS IN CHILDREN OF HIGH-CONFLICT DIVORCE

This study examines factors that contribute to the emotional distress of children whose parents experience an acrimonious divorce with conflict over custody and visitation issues. Information was gathered systematically from guardian ad litem reports on 105 children in order to explore the child's emotional distress in response to individual-, parental-, marital-, and custody–related factors. Findings emphasize the impact of the level of marital conflict in predicting increases in the child's emotional distress. The child who witnesses domestic violence and experiences child malmatment suffers a powerful cumulative impact from these factors. which results in a steep increase in emotional distress symptoms. A cluster of relevantfactors taken jointly, including the level of marital conflict, violence against a partner or against the child, the parent's mental health, the child's medical condition, and the nature of visitation changes, all contribute signifcantly to the child's emotional distress.     

Emotional Dysregulation and Negative Affect Mediate the Relationship Between Maternal History of Child Maltreatment and Maternal Child Abuse Potential

Risk for committing child abuse is frequently attributed to an intergenerational “cycle of violence” through which abuse as a child increases risk for committing abuse as a parent. While this hypothesis has support, more research is needed to understand the factors that account for this pattern of risk. Given literature suggesting that adults with a history of child maltreatment have increased risk for a wide range of psychopathology, this study examined the role of two behavioral endophenotypes, emotional dysregulation and negative affect, in the association between maternal experiences of childhood maltreatment and maternal child abuse potential among 83 low-income, primarily African-American mothers of elementary school age children. Results indicate that a mother’s experience of abuse as a child predicts later risk for abusive parenting as measured by child abuse potential scores. However, our data also indicate that the relationship between maternal experience of child abuse and later child abuse potential is mediated by maternal emotional dysregulation and negative affect.     

Intergenerational Transmission of Dating Aggression as a Function of Witnessing Only Same Sex Parents vs. Opposite Sex Parents vs. Both Parents as Perpetrators of Domestic Violence

The present study examined the association between witnessing interparental violence as a child, and the risk for perpetrating and being the victim of dating aggression as an adult, in an undergraduate sample. Specifically, this study tested a modeling hypothesis whereby witnessing a same sex parent vs. an opposite sex parent exclusively in the aggressor role would be more highly associated with risk for perpetrating dating aggression. Similarly, observing a same sex parent vs. an opposite sex parent as exclusively a victim of marital aggression would be associated with risk for being a victim of dating aggression. A same sex modeling effect was found for perpetration of dating aggression. Respondents who witnessed only their same sex parent perpetrate physical marital aggression were at increased risk for perpetrating physical dating aggression, whereas respondents who witnessed only their opposite sex parent perpetrate were not. A same sex modeling effect, however, was not found for being a victim of dating aggression. Rather, risk for victimization by dating aggression was associated only with witnessing bidirectional marital violence. Implications of these results, limitations of the present study, and ideas for future research are discussed.