MEASURING PROGRESS IN IMPROVING COURT PROCESSING OF CHILD ABUSE AND NEGLECT CASES

With all of the changes in federal law relating to child maltreatment, foster care, and adoption, courts have become active partners with child welfare agencies in assuring safety and permanency for children. Outcome measures are needed to track achievement of the distinct goals of courts and those goals they share with child welfare agencies. This article presents a set of measures that focuses on the court contribution to desirable outcomes for children and families. These measures have undergone extensive development, review, and field testing by representatives from several national organizations interested in court reform and child welfare, but they still require more discussion and refinement. Indeed, outcome measures are an essential component of a process of continuing improvement, which means they need to be reviewed periodically to ensure they are valid, reliable, and not redundant.     

CHILD ABUSE,NEGLECT, AND VIOLENT CRIMINAL BEHAVIOR*

Using a prospective cohorts design, official criminal histories for a large sample of substantiated and validated cases of physical and sexual abuse and neglect from the years 1967 through 1971 (n = 908) were compared with those of a matched control group (n = 667) of individuals with no official record of abuse or neglect. Abused and neglected subjects had higher rates of having an adult criminal record than controls and a larger number of arrests as an adult. Based on a logit analysis, a model using four explanatory variables (age, sex, race, and abuse/neglect status) provided a good fit. In comparison with controls, abused and neglected subjects also had a higher frequency of arrests for violent offenses as adults; however, this was due primarily to significantly more adult violent offenses by abused males. Support for the cycle of violence is discussed as well as sex differences in the results, limitations of the findings, and implications for further research.     

IMPROVEMENT OF CLINICAL AND LEGAL DETERMINATIONS IN CASES OF ALLEGED CHILD SEXUAL ABUSE

Mental health and legal professionals have struggled, too often isolated from each other's disciplines, to establish methods to assess and demonstrate whether a particular child has been abused and whether a particular adult is, in fact, the perpetrator. Complete, accurate, and neutral assessment must be the first step in the healing process; however, barriers imposed by professionals often interfere with the assessment process. This article critiques these barriers and suggests improvements for both good clinical practice and effective use in increasingly adversarial legal proceedings.     

THE NEGLECT OF CHILDREN AND CULTURE: RESPONDING TO CHILD MALTREATMENT WITH CULTURAL COMPETENCE AND A REVIEW OF CHILD ABUSE AND CULTURE: WORKING WITH DIVERSE FAMILIES*

This article examines cultural competence in the context of child protective proceedings, underscoring the dangers posed by bias toward particular cultural views, standards, and norms. I look at the racial imbalance within the realm of child maltreatment proceedings and explore the challenge of how children can receive appropriate services, counseling, and representation, given their varying cultural, ethnic, and racial backgrounds. Lastly, I review Child Abuse and Culture: Working with Diverse Families, by Lisa Aronson Fontes.     

CHILD CUSTODY MEDIATION AND SPOUSE ABUSE

This article discusses domestic violence, providing information and a review of literature regarding this phenomena. The article then goes on to describe a protocol developed by the Orange County (California) mediation and investigative unit that provides protection to the alleged victim of violence through the use of assessment interviews, co-mediation with a male-female mediation team, and the development of postparenting arrangements that provide for protection and security. The article also reviews a sample of 100 domestic violence cases handled in Orange County during 1991. Data from this research suggest that mediators using the protocols described in this article are able to guide the more serious, high-risk cases into more protective outcomes and that mediation can provide a very important adjunct to the trial court process.     

FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

ASSESSING FOR ALIENATION AND ACCESS IN CHILD CUSTODY CASES

Alienated children in high-conflict (HC) custody cases differ from nonalienated children in HC custody cases. Efforts to assess and differentiate between the children should focus first, on establishing what differences do exist and then on what psychometrics are of most help in the assessment. Five categories of HC children and areas where HC children are all alike and where alienated and nonalienated children differ are reviewed. Psychometrics appropriate for the tasks of research and evaluation are proposed.     

ASSESSING SUBSTANCE ABUSE QUESTIONS IN CHILD CUSTODY EVALUATIONS

Substance use is rampant in contemporary society, but little attention has been paid to it in the context of child custody evaluations (CCEs). This article provides concrete suggestions for integrating issues about substance abuse into a more overarching CCE and discusses specific assessment strategies.     

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.     

ASSESSING MUTUAL PARTNER-ABUSE CLAIMS IN CHILD CUSTODY AND ACCESS CASES

This article explores issues associated with mutual claims of domestic violence in the context of research on gender and violence, and in the context of litigation tactics commonly employed by perpetrators in child custody and access cases. Quotations from parents involved in such cases illustrate why accurate assessment of mutual cliams requires complete information about social context and the analysis of patterns of domination, power and control in the relationship over time. Recent developments in Canadian law ought to enhance the ability of judges to take such evidence into account. The article aims to provide a lens through which to understand and assess such cases.     

FRAGMENTED COURTS AND CHILD PROTECTION CASES

This article discusses the proposed implementation of a model court project that can serve as an alternative approach to adjudicating child abuse and neglect cases. The model project allows criminal child abuse cases to be processed with related civil proceeding in one court before one judge. This integrated approach can ensure more efficient case processing, more informed judicial decision making, and more effective delivery of services to children and families.