CHILD CUSTODY EVALUATION PRACTICES: A 20‐YEAR FOLLOW‐UP

This study surveyed 213 experienced child custody evaluators utilizing the same questionnaire in the Ackerman & Ackerman 1997 and Keilin & Bloom 1986 studies. Demographic information, evaluation practices, custody decision‐making, and recommendations were surveyed. Comparisons were made across all three studies to identify the similarities and differences in child custody evaluation practices over the past 20 years. This study added questions about risk management and ethical issues, and current practices in placement/access schedules. The reader is advised that not engaging in the practices performed by a majority of psychologists could result in a difficult testimony experience.     

SETTLEMENT‐FOCUSED PARENTING PLAN CONSULTATIONS: AN EVALUATIVE MEDIATION ALTERNATIVE TO CHILD CUSTODY EVALUATIONS

The divorce mediation field has recently seen the development of several “hybrid” alternative dispute resolution approaches to child custody disputes. The “settlement‐focused parenting plan consultation” (SFPPC) is a form of evaluative mediation, conducted by a “parenting plan consultant” (PPC), who possesses the combined expertise of a mediator and child custody evaluator. This hybrid model is a more expedient and considerably less expensive approach than a child custody evaluation, but preserves the hallmark mediation principle of self‐determination. The article describes the theory underlying the SFPPC, delineates the role requirements, procedures, and techniques of the parenting plan consultant, and addresses legal and ethical issues.     

COMMENTARY ON “EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS:” WHAT NOW?

Replying to the paper by Tippins and Wittmann, this commentary notes that the problems they identify have been recognized for many years, yet this has resulted in little change in the practice of child custody evaluations. Three underlying reasons are offered for the stalemate that frustrates the implementation of standards for an empirically based child custody evaluation practice: (a) the economics of child custody evaluation practice; (b) inconsistencies between proposals to restrict testimony in this area and the lack of similar restrictions in most other areas of forensic practice; and (c) inadequate motivation for researchers who might contribute an empirical base for child custody evaluations. Directions for breaking the stalemate are offered for each of these problems.     

ON BEING A CHILD CUSTODY EVALUATOR: PROFESSIONAL AND PERSONAL CHALLENGES,RISKS, AND REWARDS

Conducting child custody evaluations is one of the most complex, challenging, and sometimes risky professional endeavors that a mental health professional can perform. This article examines the professional and personal challenges which may be encountered by the evaluator. In addition to discussing the role requirements and need to maintain awareness of bias and countertransference, challenges such as coping with state board or ethics complaints and possible risks to personal safety are also addressed. Suggestions for risk management and coping with the demands of these assessments are offered, as well as the benefits and rewards of engaging in this important work.     

A SHORT COMMENTARY ON TIMOTHY M. TIPPINS AND JEFFREY P. WITTMANN'S "EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS

In this commentary, the call for clinical humility and judicial vigilance in custody recommendations is confirmed as valid and the Australian experience, where the child custody report writer has for some years been permitted to express an opinion on the ultimate issue, is considered. The inherent risks are briefly discussed, and the question of who of the judge and the social scientist might be better placed to decide the exquisitely difficult children's issues after family breakdown is touched upon. It suggests that a combination of the expert's opinion and judicial fact finding probably produces a result that is as good as it gets. But a greater danger is highlighted. It is the impact of the adversary system, and whether it is suitable in any event to these sensitive court decisions.     

THE “EYE OF THE BEHOLDER”: PROFESSIONAL OPINIONS ABOUT THE BEST INTERESTS OF A CHILD

Child custody evaluations (CCEs) are a central feature of parenting litigation in many North American jurisdictions. However, there has been little recent research comparing CCE decisions about children's interests with decisions made by judges. This article presents empirical research about the extent to which Ontario judges accept custody and access recommendations from CCEs employed by Ontario's Office of the Children's Lawyer. The central finding was that the judges fully agreed with the CCEs only about half of the time. Possible explanations for this finding are explored, the most salient of which is the effect of delay in Ontario family litigation. In conclusion, the article suggests that a more efficient synthesis of the judicial and CCE decision‐making processes might be more consonant with the best interests of children involved in these disputes.     

Prison Suicides in South Australia: 1996–2010

Forty‐eight deaths occurring in prisons in South Australia were identified between January 1996 and December 2010, including 25 cases of suicide (mean age = 37 years; median age = 34 years; age range = 24–70 years). Most suicides were due to hanging (23/25; 92.0%) with victims using bedding, belts, or shoelaces attached to cell shelves, air vents, doors, or other accessible projections. There were no suicides attributed to drug overdose or sharp force injury. Over a third of all suicides (39.1%) occurred during the first month of confinement, with 26.1% of cases occurring within the first week. There was one suicide reported after 2 years of imprisonment. Given that suicide in state prisons currently occurs at a rate approximately eight times that of the general South Australian community, it appears that the subset of incarcerated individuals represents a group in need of effective preventive strategies to enable more appropriate provisions of existing prisoner resources.     

“IF I COULD TELL THE JUDGE SOMETHING ABOUT ATTACHMENT. . . .” PERSPECTIVES ON ATTACHMENT THEORY IN THE FAMILY LAW COURTROOM

This article gathers diverse attachment specialists in a far reaching conversation about the utility of attachment assessment and theory for complex family law decision making, and reflections on the thorny question, “If I were the judge . . .?” Inge Bretherton, Professor Emerita, Developmental Psychology at Wisconsin University, is one of a few attachment researchers in the Bowlby/Ainsworth tradition to have completed studies in the divorce field. Seligman, a psychoanalyst and clinical psychologist, Solomon, a clinical psychologist and researcher, and Crowell, professor of psychiatry and psychology, take on some large controversies, and offer well over 100 years combined experience of applying attachment knowledge in complex family matters.     

Homicide,Psychopathy, and Aging—A Nationwide Register‐based Case‐comparison Study of Homicide Offenders Aged 60 Years or Older*

Abstract: With populations aging there have been some concerns on elderly offending. We compared elderly homicide offenders with a younger comparison group with special emphasis on psychopathy. We analyzed nationwide register‐based material on all homicide offenders aged 60 or older who were in a forensic psychiatric examination in Finland 1995–2004 and their gender‐matched comparison group of younger homicide offenders. The offenders 60 years or older were diagnosed less often than the younger ones with drug dependence and personality disorders and more often with dementia and physical illnesses. The mean Psychopathy Checklist—Revised total scores as well as factor and facet scores were lower in the 60 or older age group. The group 60 years or older had significantly lower scores on eight individual items of social deviance. The interpersonal/affective factor 1 scores did not differ. Understanding the possible underlying phenomena of violent behavior may provide help for developing services for the elderly.     

Methadone‐Related Deaths – Epidemiological,Pathohistological, and Toxicological Traits in 10‐year Retrospective Study in Vojvodina,Serbia

The number of methadone‐related deaths (MRDs) during a 10‐year period (2002–2011) in the region of Vojvodina, Serbia, was increased. The cases were evaluated according to epidemiological parameters, pathohistological findings, and toxicological screening. The majority of victims were men, aged from 20 to 38. Pathohistologically, the signs of acute focal myocardial damage were present in the heart of victims with drug abuse history shorter than 2 years, while both signs of recent and chronic focal myocardial damage were developed among victims with longer drug abuse history (2–5 years). In postmortem blood samples of 54.84% of victims, methadone was detected in combination with diazepam, both in therapeutic range. Alcohol was absent in most cases. Other detected drugs were antipsychotics and antidepressants in therapeutic concentrations. These findings raise the attention to the concomitant use of methadone and benzodiazepines with the need for further studies to clarify the mechanism of death in such cases.     

Geophysical Monitoring of Simulated Clandestine Graves Using Electrical and Ground‐Penetrating Radar Methods: 0–3 Years After Burial*,†

Abstract: This study provides forensic search teams with systematic geophysical monitoring data over simulated clandestine graves for comparison to active cases. Simulated “wrapped” and “naked” burials were created. Multigeophysical surveys were collected over a 3‐year monitoring period. Bulk ground resistivity, electrical resistivity imaging, multifrequency ground‐penetrating radar (GPR), and grave and background “soil‐water” conductivity data were collected. Resistivity surveys revealed the naked burial had consistently low‐resistivity anomalies, whereas the wrapped burial had small, varying high‐resistivity anomalies. GPR 110‐ to 900‐MHz frequency surveys showed the wrapped burial could be detected throughout, with the “naked” burial mostly resolved. Two hundred and twenty‐five megahertz frequency GPR data were optimal. “Soil‐water” analyses showed rapidly increasing (year 1), slowly increasing (year 2), and decreasing (year 3) conductivity values. Results suggest resistivity and GPR surveys should be collected if target “wrapping” is unknown, with winter to spring surveys optimal. Resistivity surveys should be collected in clay‐rich soils.     

COLLECTIVE EFFICACY,AUTHORITATIVE PARENTING AND DELINQUENCY: A LONGITUDINAL TEST OF A MODEL INTEGRATING COMMUNITY‐AND FAMILY‐LEVEL PROCESSES*

In this paper, we develop and test hypotheses on how authoritative parenting and collective efficacy combine to increase a child's risk of affiliating with deviant peers and engaging in delinquent behavior. Analyses using two waves of data from a sample of several hundred African American caregivers and their children largely supported the predictions. Over time, increases in collective efficacy within a community were associated with increases in authoritative parenting. Further, both authoritative parenting and collective efficacy served to deter affiliation with deviant peers and involvement in delinquent behavior. Finally, there was evidence of an amplification process whereby the deterrent effect of authoritative parenting on affiliation with deviant peers and delinquency was enhanced when it was administered within a community with high collective efficacy.     

Childhood Fatalities in New Mexico: Medical Examiner‐Investigated Cases, 2000–2010

To better understand risk factors and populations at risk of childhood fatalities, a review of all records of childhood deaths (≤19 years) between 2000 and 2010 from New Mexico's statewide medical examiner was conducted. Annually, 313–383 childhood deaths were investigated (3820 total). Males and American Indians were overrepresented (62% and 20.4% of deaths, respectively). The most common manner of death was natural (44.8%), followed by accidental (31.4%), homicide (8.8%), suicide (8.8%), and undetermined (4.1%). Infants under 1 year of age accounted for 41.4% of deaths. Motor vehicle crashes were responsible for the majority of accidental deaths (69%), followed by unintentional overdoses (6.9%), and drowning (5.3%). Gunshot wounds, either intentional or unintentional, caused 10.7% of childhood deaths. Complete medico‐legal investigation of childhood fatalities is needed to provide public health agencies with adequate data to evaluate and prevent childhood deaths.     

EMPIRICAL ANALYSIS OF REFERRAL ISSUES AND “ULTIMATE ISSUE” RECOMMENDATIONS FOR PARENTS IN CHILD PROTECTION CASES*

Mental health professionals frequently respond to requests for clinical information on parents in child protection cases; however, little data exist on the issues precipitating requests or on the controversial practice of offering “ultimate issue” recommendations in forensic clinical reports. We investigated 243 requests for clinical information on parents and 204 clinician reports submitted for use in child abuse and neglect proceedings in a large, urban juvenile court system. We coded 56 objective and qualitative characteristics regarding referral questions, pending legal issues, and four levels of recommendations. We found that the most common referral questions related to service planning, parenting ability, and/or parents' mental health functioning, and the most common pending legal issues were selection or change of a permanency goal and visitation arrangements. Levels of recommendations varied with type of legal decision, in that clinicians always offered direct recommendations for narrow, statute‐based issues (e.g., termination of rights, adoption) and less so for other issues. Community‐based evaluators were more likely to offer direct recommendations than court‐based clinicians. Based on the findings, we offer practice recommendations and directions for further research in forensic parenting assessment.     

A COMMENT ON WILLIAM J. HOWE AND HUGH MCISAAC'S ARTICLE “FINDING THE BALANCE” PUBLISHED IN THE JANUARY 2008 ISSUE OF FAMILY COURT REVIEW

This article is a response to an article written by William Howe and Hugh McIsaac that questions their recommendations that court‐based mediation not be used when certain types of persons appear in court. We assert that it will be very difficult for the court to identify these people. Further, we argue that mediation practice has advanced so far that even these persons (those with serious issues of domestic violence, substance abuse, and mental health) should be given an opportunity to participate in mediation before being referred to the adversarial court process.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

Fatal Intoxications in a Forensic Autopsy Material from Epirus,Greece, During the Period 1998‐2010

In this retrospective study, we report the epidemiological characteristics of all poisoning deaths in Epirus, Greece, from 1998 to 2010; we present the toxicological findings and the statistical evaluation of the results. This is the first detailed scientific report on all the officially certified poisoning deaths concerning part of the Greek population. A total of 126 poisoning fatalities were recorded, 67 of them being mono‐intoxications (53.2%). The cause of poisoning was as follows: drugs of abuse (60%); carbon monoxide (19.8%); pesticides (9.5%); corrosives (4.8%); pharmaceuticals (4.8%); and spider bite (0.8%). The most frequently detected poisonous substances were as follows: heroin (65 cases), ethanol (55), benzodiazepines (42), carbon monoxide (25), cocaine (17), cannabinoids (17) and pesticides (12). Increasing tendency in poisoning death rates was recorded, due to an increase in accidental poisoning deaths attributed mainly to drugs of abuse (total, accidental, and drugs‐of‐abuse poisoning death rates per 100,000 inhabitants per year were 1.87, 1.19, and 0.79, respectively, in the period 1998–2002 and 3.97, 3.41, and 2.55, respectively, in the period 2007–2010).     

Decaying Mouse Volatiles Perceived by Calliphora vicina Rob.‐Desv.

Volatiles emitted by decaying human remains are in the focus of recent research. The identification of core volatiles in this field is of high importance, because cadaveric volatiles generally show high variation. In this study, the volatile profiles of five mice (Myodes glareolus) were sampled with charcoal filter tubes from their time of death until advanced decay. Eleven compounds were quantitated by means of gas chromatography–mass spectrometry. Electroantennographic experiments with female Calliphora vicina antennae led to the identification of dimethyl trisulfide, dimethyl disulfide, nonanal, hexan‐1‐ol, 1‐octen‐3‐ol, 3‐methylbutan‐1‐ol, and heptanal as electrophysiologically active compounds. When these were compared, dimethyl trisulfide (17 ng/μL) and dimethyl disulfide (11 ng/μL) were found to be emitted in higher concentrations. The roles of these compounds and nonanal as core volatiles for cadaver detection or postmortem time determination and their correlation to the stages of decay and the accumulated degree days are discussed.