STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

Parental Alienation in U.S. Courts, 1985 to 2018

Courts have been dealing with alienating behaviors in high conflict family litigation for hundreds of years. Experts in the behavioral sciences have been writing about mothers and fathers manipulating their children to disparage the other parent for more than seventy years. But in the last two decades some social scientists and legal professionals have questioned the legitimacy of parental alienation as a concept and its admissibility in child abuse and child custody litigation. This study was designed to examine the extent to which courts in the United States have found the concept of parental alienation material, probative, relevant and admissible. Thirty‐four years of cases were found with a WESTLAW query and analyzed. Cases were selected for study only if the record reflected that a judge or an independent expert found the concept of parental alienation to be of value in the litigation. Results illustrate increasing awareness of the concept and document its admissibility in every one of the United States. The numbers, sex of the alienating parent and prevalence of significant custody changes are discussed. Limitations inherent in this form of quantitative analysis are also discussed with recommendations for future research.     

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.     

Personality Disorders in a Sample of Parents Accused of Physical Abuse or Neglect

The objective of this study was to provide a psychological profile of parents who have been formally accused of child maltreatment. A clinical group of 16 parents accused of physical abuse and 22 parents accused of neglect were compared with 18 parents from a control group. The MCMI-III was administered individually for each parent. Both groups of maltreatment showed significant differences on different scales of the MCMI-III. No difference was seen between the parents of both groups of child maltreatment. Many parents of both child maltreatment groups reported at least one form of abuse during their childhood, suggesting that a childhood marked by abuse or neglect on the part of a parent could result in personality disorders and that these disorders may have something to do with the intergenerational transmission of abuse.     

The influence of personal history of abuse and gender on clinicians' judgments of child abuse

Two extra-legal factors were examined for their influence on professionals' decisions to report child abuse: having been abused as a child oneself, and the gender of the child, the parent, and the professional. One hundred and one men and women who worked regularly with children in mental health settings rated a series of scenarios presented as cases from a protective service agency. Participants made several judgments regarding the case including the severity of the parent's behavior, the likely effect on the child, whether the situation was abusive, and whether the case should be reported to a social service agency. Despite some interpretive limitations, the results generally support the hypothesis that extra-legal factors influence the perceptions of professionals who are mandated to report a suspected incident of abuse.     

Undetected and detected child sexual abuse and child pornography offenders

Current knowledge about risk factors for child sexual abuse and child pornography offenses is based on samples of convicted offenders, i.e., detected offenders. Only few studies focus on offenders not detected by the criminal justice system. In this study, a sample of 345 self-referred pedophiles and hebephiles was recruited from the community. All participants met DSM-IV-TR criteria for pedophilia or hebephilia (paraphilia not otherwise specified), were assured of confidentiality, and self-reported lifetime sexual offending against prepubescent and/or pubescent children. Two sets of group comparisons were conducted on self-report data of risk factors for sexual reoffending. Measures of risk factors address the following dimensions identified in samples of convicted offenders: sexual preferences (i.e. co-occurring paraphilias), sexual self-regulation problems, offense-supportive cognitions, diverse socio-affective deficits, and indicators of social functioning (e.g., education, employment). Men who admitted current or previous investigation or conviction by legal authorities (detected offenders) were compared with those who denied any detection for their sexual offenses against children (undetected offenders). Group comparisons (detected vs. undetected) were further conducted for each offense type separately (child pornography only offenders, child sexual abuse only offenders, mixed offenders). Although there were more similarities between undetected and detected offenders, selected measures of sexual-self regulation problems, socio-affective deficits, and social functioning data demonstrated group differences.     

Treating Adult Survivors of Sibling Sexual Abuse: A Relational Strengths-Based Approach

Sibling sexual abuse is a far more common manifestation of family violence than is often recognized. Researchers agree that it has received less attention than other forms of child abuse trauma despite the fact that good evidence suggests it is no less injurious than child sexual abuse when a parent or other adult is the perpetrator. This paper describes a relational, strengths-based approach to psychotherapy with adult survivors of sibling sexual abuse guided by trauma-informed principles. Cultural considerations are discussed as well as an overview of the clinical research on sibling sexual abuse and its harmful effects. Clinical case material, treatment strategies and a case illustration demonstrate therapeutic principles of the approach in action.     

Child abuse potential and parenting stress within maltreating families

This study examined the relationship between child abuse potential and parenting stress in mothers and fathers receiving services for child maltreatment. Significant differences were found between perpetrating and nonperpetrating parents. Nonperpetrating parents reported more problems with family, greater total parenting stress and child-related stress, and greater stress from child demandingness, adaptability, acceptability, and distractibility. No significant gender differences in child abuse potential and parenting stress were found. Aspects of parent related stress moderated the relationship between child related stress and abuse potential. Perceived stress from parenting sense of competence was isolated as a variable that significantly increased abuse potential at medium and high levels of child-related stress.     

Through a Foucauldian Lens: A Genealogy of Child Abuse

This theoretical paper takes on a difficult and dangerous argument: that ‘child abuse’ is socially constructed. By using Michel Foucault’s analysis of the complex interplay between power and knowledge, we may be able to explain the changing forms that the struggle against child abuse has taken, without minimizing the reality of the suffering that abuse causes. By examining the historical role that state and child welfare movements played in developing child protective services in North America, we discover how scientific epistemology and medical discourse on child abuse have come together to shape and construct societal beliefs about abusers. This analysis allows us to deepen our understanding of child abuse and the means to preventing it, as well as guides us in developing better and more informed social policies.     

Gender effects in attitudes about family violence

We present results of perceptions of family violence from 176 telephone interviews conducted in a Standard Metropolitan Area in Northwest Arkansas. Four research questions are examined: (1) How do men and women differ in their perceptions about the seriousness and causes of family violence? (2) Do men and women differ in their acceptance of specific acts of interpersonal violence and does the gender of the aggressor and victim affect gender perceptions? (3) Do men and women differ in their views about the effectiveness of different intervention agencies? (4) Do men and women differ in their willingness to report acts of child abuse and does the gender of the parent and child affect the likelihood of reporting? Results indicate that females consider the problem as more serious and view public responses to family violence as more effective. Both male and females are more tolerant of acts of aggression and violence if directed by a woman toward a man. Females are more likely to report child abuse but there are significant interactions between the respondent's gender and the gender of the parent and child.     

ASSESSING AND MANAGING ALLEGATIONS OF CHILD SEXUAL ABUSE

This article examines the procedures involved in the assessment and management of allegations of child sexual abuse in courts exercising custody and access jurisdictions. The author discusses the various options available to the court when confronted with such allegations, noting that, in the contex: of access disputes, the issue for the court is not whether a parent has sexually abused a child but whether, in all the circumstances of the case, access should take place or custody should change. In all matters involving access between parents and children, the overriding principle is the paramountcy of the welfare of the child. It is also argued that supervised access, although an increasingly popular alternative for the court when faced with allegations of abuse, is problematic and may not be in the best interests of the child. The author suggests that the emphasis must be on children's rights find parental responsibilities.     

Examination of the Relationship Between Parental Satisfaction and Child Maltreatment Potential While Considering Social Desirability

Parental dissatisfaction with children appears to be associated with child maltreatment. However, little is known regarding the specific domains of parental dissatisfaction that may increase child maltreatment potential, particularly in perpetrators of child maltreatment where substance abuse is present. In this study, responses to the Child Abuse Potential Inventory (CAPI) and a scale measuring parental satisfaction in 11 domains were examined in a sample of 82 mothers who were referred for treatment of substance abuse and child neglect by the local child protective service agency. Results indicated that mothers were relatively most satisfied with their children overall, and least satisfied in domains that were relevant to discipline (i.e., following house rules, compliance, reaction to redirection and punishment, completion of chores). Five of the 11 areas of parental satisfaction that were assessed evidenced negative correlations with child abuse potential, indicating that as satisfaction increased, abuse potential decreased. However, when correlation analyses excluded participants with elevated CAPI Lie scale scores (a measure of social desirability), only overall happiness demonstrated a significant negative correlation with child abuse potential. These results suggest that while associations are present among measures of parental satisfaction and child abuse potential, these associations are moderated to some extent by social desirability, which may help explain some of the inconsistencies reported in prior studies of parental satisfaction and child maltreatment potential.     

Characteristic Features of Severe Child Physical Abuse—A Multi-informant Approach

Minor child physical abuse has decreased in Sweden since 1979, when a law banning corporal punishment of children was passed, but more serious forms have not decreased. The aim of this study was to examine risk and background factors in cases of severe child abuse reported to the police. Files from different agencies (e.g., Social services, Adult and Child psychiatry and Pediatric clinic) for 20 children and 34 caretakers were studied. An accumulation of risk factors was found. It is concluded that when the following four factors are present, there is a risk for severe child abuse: 1) a person with a tendency to use violence in conflict situations; 2) a strong level of stress on the perpetrator and the family; 3) an insufficient social network that does not manage to protect the child; 4) a child that does not manage to protect him or herself. Thus, multiple sources of information must be used when investigating child abuse.     

Sex differences in the experience of child sexual victimization

This study analyzed 390 (303 girls and 87 boys) cases of child sexual abuse to understand sex differences in child sexual victimization. Analyses focused on three domains that have received considerable empirical attention: victims' relationships with the offender, type and extent of abuse, and disclosure. Findings largely replicated previous efforts that reported sex differences in terms of victims' relationships with offenders. Although results also replicated previous findings about sex differences in disclosure patterns, these sex differences were minor in comparison with similarities in the way most instances of abuse were eventually identified. In terms of type and extent of abuse, results were the opposite of previous findings: girls, not boys, were the victims of more physical injury, violent threats, and use of force; and girls, not boys, were more likely to have physically resisted abuse. Divergences in findings were interpreted in terms of memory biases and social forces operating differently on the sexes.     

Consumer Evaluation of an Ecobehavioral Program for Prevention and Intervention of Child Maltreatment

This study was conducted to evaluate parental satisfaction and acceptability of Project SafeCare, an intensive parent training program to prevent and treat child abuse and neglect with a focus on three areas of intervention: (1) home safety, (2) infant and child health care, and (3) bonding and stimulation. Social validation questionnaires were employed to evaluate the acceptability, the effectiveness, and the outcome of treatments based on parents' perspectives. The questionnaires were divided into four categories: outcome measures, process and procedures, staff performance, and training modes. Overall, Project SafeCare was reported to be very successful and parents reported high satisfaction with all three training programs. Parents rated the procedures, staff, and outcomes very positively. Although parents liked the videos and rated them positively, they seemed to prefer training by counselors to training by video. Data were collected on 45 families and the training was conducted over 15 weeks.     

Using Rule 11 Sanctions to Punish Accusers Who Make False Allegations of Child Sexual Abuse in Custody and Divorce Cases

False claims of child sexual abuse negatively affect the accused parent and the child. Such false claims can be used to sway custody determinations and cause frivolous applications to the court. This Note proposes that courts impose sanctions, comparable to those set forth in Rule 11 of the Federal Rules of Civil Procedure, on litigants who make false claims of child sexual abuse.     

Social Class, Child Maltreatment, and Delinquent Behavior

The relationship between social class and child maltreatment and between maltreatment and delinquency were examined, particular attention being paid to previous deficiencies in the operationalization of maltreatment and class. Maltreatment was operationalized with subscales for physical abuse, emotional abuse, and neglect, while social class was operationalized with multiple indicators. Survey data from 110 high school freshmen were analyzed and revealed the following: (a) a weak but consistent inverse correlation between social class and all forms of child maltreatment, (b) a stronger relationship between social class and maltreatment when lower-class membership was operationalized in a manner consistent with the concept of an underclass, (c) that emotional abuse and neglect were correlated positively with all forms of delinquent behavior examined, and (d) that physical abuse was not correlated appreciably and positively with any form of delinquency.     

PARENTAL ATTACHMENTS AND DELINQUENCY*

Using the 1972 National Survey of Youth, we analyze attachment to mother and father along several dimensions (i.e., intimacy of communication, affectional identification, supervision, and family activities). We test two hypotheses: (1) as long as a child is strongly attached to one parent, strong ties to the other parent play an insignificant role in reducing delinquency further and (2) single-parent homes are not associated with delinquency as long as the child is strongly attached to the custodial parent. Generally, we find that children who are strongly attached to both parents have a lower probability of self-reported delinquency than children who are strongly attached to only one parent. Further, children living in single-parent homes who are strongly attached to the custodial parent generally have a greater probability of committing delinquent acts than children living in intact homes who are strongly attached to both parents.     

Child Sexual Abuse in Turkey: An Analysis of 1002 Cases

This study investigated the characteristics of abuse suffered by children, the dimensions of the psychiatric effects associated with abuse, and the factors affecting these. One thousand two cases aged under 18, exposed to sexual abuse, and referred over a 7‐year period were assessed. Girls represented 80.8% of cases, and the numbers rose with age. The aggressors were all male, and 88.2% were known to their victim. Approximately half the children were exposed to sexual abuse involving penetration. Psychological pathology was identified in 62.1%. Female gender, the presence of penetration, physical violence, and incest significantly increased the development of psychological pathology. Levels of awareness in people close to and trusted by the child must be raised to minimize the adverse effects of trauma in the long term, preventive measures must be taken, and medical and social support units from which victims can receive assistance need to be established.