ON THE RELATIONSHIP BETWEEN FAMILY STRUCTURE AND ANTISOCIAL BEHAVIOR: PARENTAL COHABITATION AND BLENDED HOUSEHOLDS*

In the last several decades, the American family has undergone considerable change, with less than half of all adolescents residing with two married biological parents. Using the National Longitudinal Survey of Youth 1997, we construct an elaborate measure of family structure and find considerable heterogeneity in the risk of antisocial and delinquent behavior among groups of youth who reside in what are traditionally dichotomized as intact and nonintact families. In particular, we find that youth in “intact” families differ in important ways depending on whether the two biological parents are married or cohabiting and on whether they have children from a previous relationship. In addition, we find that youth who reside with a single biological parent who cohabits with a nonbiological partner exhibit an unusually high rate of antisocial behavior, especially if the custodial parent is the biological father.     

SOCIAL SCIENCE RESEARCH AND SOCIAL POLICY: BRIDGING THE GAP1

Clinical examples of misapplications of social science research are reviewed with an emphasis on what can be learned with regard to dealing with and preventing such misuse of this type of knowledge. The differences in language and culture that characterize scientific research as separate from advocacy and social policy are also examined, with recommendations for improved cross‐cultural communication.     

BEYOND POLITICS AND POSITIONS: A CALL FOR COLLABORATION BETWEEN FAMILY COURT AND DOMESTIC VIOLENCE PROFESSIONALS

The domestic violence advocacy and family court communities have each grown dramatically over the last three decades. Although these professional communities share many values in common, they often find themselves at odds with one another on a host of issues. This article examines the practical, political, definitional, and ideological differences between the two communities and calls for them to join forces and collaborate on behalf of children and families.     

FAMILY COURT IMPROVEMENT AND THE ART OF GRANTSMANSHIP: A JUDGE'S PERSPECTIVE

Many American courts face funding obstacles as they try to create and implement unified family court processes that have not been part of the traditional family court adversarial process. To create new staff positions, build and equip adequate facilities, and create and implement innovative programs, grant funding may be available to supplement what local and state governments provide. While social science research confirms that children are adversely affected by exposure to high‐conflict family litigation and domestic violence, many communities have few affordable and available resources to address these issues. This article presents lessons and principles that one court learned as it applied for a grant to design programs for high‐conflict families and families with domestic violence history.     

FAMILY SUPPORT AND MAINTENANCE: EMERGING ISSUES IN SOME DEVELOPING COUNTRIES WITH MIXED JURISDICTIONS

Family support and maintenance laws in several developing countries with mixed legal traditions derived from colonial and local laws are based on a litigation model. This model often fails to give adequate legal relief in the socioeconomic context of poverty. The situation is made worse by inequitable and gender‐biased inheritance laws. This article will use examples mainly from countries in South Asia and Commonwealth Africa to demonstrate how reformist legislation and constitutional jurisprudence in the area of public law and judicial activism highlight the issues that must be addressed if the legal system is to provide an effective system of family support and maintenance.     

FAMILIES,COURTS, AND THE END OF LIFE: SCHIAVO AND ITS IMPLICATIONS FOR THE FAMILY JUSTICE SYSTEM

The article discusses a proposed universal adoption of comprehensive family law subject matter jurisdiction, inclusive of end‐of‐life (EOL) cases, as articulated in the unified family court (UFC) concept. It posits, using the Schiavo matter to illustrate the difficulties inherent in EOL disputes, that contested EOL cases are unlike other civil court cases in that they involve intimate facts and emotionally laden family dynamics. As such, these cases pose a distinctive challenge for the courts. The article suggests that contested EOL cases should be heard in a UFC because UFCs include alternative dispute resolution (ADR) protocols to deescalate family strife with the goal of facilitating out‐of‐court settlements and that litigation is an imperfect solution for an EOL dispute. It is also noted that judges presiding in UFCs are more experienced in handling fractious family matters and thus they are more likely to avert protracted litigation if the matter is not settled via ADR.     

THE ROAD FROM ADDICTION RECOVERY TO PRODUCTIVITY: ENDING DISCRIMINATION AGAINST PEOPLE WITH ALCOHOL AND DRUG PROBLEMS

People with alcohol or other drug problems face discriminatory public and private policies that restrict their access to appropriate health care, employment, and public benefits, discouraging them from seeking treatment, robbing them of hope for recovery, and costing society millions of dollars. Join Together, a project of Boston University School of Public Health, formed a national policy panel in the spring of 2002 to address this discrimination. The panelists developed the two principles and ten recommendations contained in this report, relying principally upon the written and oral testimony they received. Join Together was assisted in this effort by the American Bar Association's (ABA) Standing Committee on Substance Abuse, which facilitated the panel's initial hearing at the ABA's Annual Meeting in August 2002.     

FROM THE INSIDE OUT: CALLING ON STATES TO PROVIDE MEDICALLY NECESSARY CARE TO TRANSGENDER YOUTH IN FOSTER CARE

It is well known that transgender youth in foster care often face egregious discrimination and victimization based on their gender identities. Unfortunately, transgender youth in foster care have also been deprived of transgender-specific medical care that is vital to their health and well-being. This Note advocates that child welfare agencies adopt legislation that will demonstrate their commitment to fulfilling their constitutional duty to provide medically necessary care to transgender youth in their custody. This Note examines recent case law on the topic and addresses counterarguments to the proposal, including risks associated with treatment, high cost, and the stigma of gender identity disorder. Ultimately, this Note concludes that adopting the proposed legislation is a necessary step toward securing health care rights for transgender foster care youth.     

KEY LINKAGES BETWEEN CHILD WELFARE AND SUBSTANCE ABUSE TREATMENT: SOCIAL FUNCTIONING IMPROVEMENTS AND CLIENT SATISFACTION IN A FAMILY DRUG TREATMENT COURT*

This article summarizes early findings regarding social functioning and client satisfaction from a longitudinal study of women receiving treatment in a family drug treatment court located in the Midwestern United States (N = 33). Drug treatment court participants were interviewed at program entry and when they had completed 6 months of treatment. Family drug court participants reported significant improvements in employment status and increases in earned income after 6 months of treatment. Respondents also reported improved social functioning and high overall levels of satisfaction with treatment. Findings and implications for future research are discussed.     

CONFIDENTIALITY,DUE PROCESS,AND JUDICIAL DISQUALIFICATION IN THE UNIFIED FAMILY COURT: REPORT TO THE HONORABLE STEPHANIE DOMITROVICH

To the extent that courts realize the pure one judge–one family notion of the unified family court—in which one judge handles all domestic relations, probate, juvenile dependency, juvenile delinquency, and domestic violence cases involving members of the same family—they encounter three potential legal barriers: confidentiality of court records in some of the cases, due process issues arising from the consideration of material from a related case file in which the parties to the current case may or may not be parties, and judicial disqualification arising from the judge's handling of a previous case involving the family. This article summarizes information obtained from a survey conducted for the Children and Family Law Committee of the National Conference of State Trial Judges, of courts in sixteen states, to learn how they have resolved these legal issues.     

UNRAVELING THE CONTEXTUAL EFFECTS ON STUDENT SUSPENSION AND JUVENILE ARREST: THE INDEPENDENT AND INTERDEPENDENT INFLUENCES OF SCHOOL,NEIGHBORHOOD, AND FAMILY SOCIAL CONTROLS*

Scholars of human development argue that a variety of social contexts affect youth development and that the interdependency of these contexts bears on the shape of human lives. However, few studies of contextual effects have attempted to model the effects of school, neighborhood, and family context at the same time, or to explore the relative and interdependent impact of these contexts on youth outcomes. This study provides an examination of the independent and interdependent influences of school, neighborhood, and familial contexts through an analysis of student suspension and juvenile arrest. Findings reveal that school‐based and family‐based informal social controls additively combine to reduce the likelihood of suspension and arrest. Moreover, for suspension, results support the hypothesis that an interdependent compensatory relation is present between the extent of collective efficacy in schools and in the surrounding neighborhood; school collective efficacy has a controlling influence on the likelihood of suspension that becomes even stronger in the absence of neighborhood collective efficacy. However, for arrest, an accentuating effect of school‐based social controls exists rather than a compensatory effect. A lack of neighborhood collective efficacy and a lack of school‐based social controls combine to exert a substantial increase in the likelihood of arrest.     

UNPACKING THE RELATIONSHIP BETWEEN ADOLESCENT EMPLOYMENT AND ANTISOCIAL BEHAVIOR: A MATCHED SAMPLES COMPARISON*

A large body of research has consistently found that intensive employment during the school year is associated with heightened antisocial behavior. These findings have been influential in prompting policy recommendations to establish stricter limits on the number of hours that students can work during the school year. We reexamine the linkage between first‐time work at age 16 during the school year and problem behaviors. Our analysis uses group‐based trajectory modeling to stratify youths based on their developmental history of crime and substance abuse. This stratification serves to control for preexisting differences between workers and nonworkers and permits us to examine whether the effect of work on problem behaviors depends on the developmental history of those behaviors. Contrary to most prior research we find no overall effect of working on either criminal behavior or substance abuse. However, we do find some indication that work may have a salutary effect on these behaviors for some individuals who had followed trajectories of heightened criminal activity or substance abuse prior to their working for the first time.     

WORK,INCOME SUPPORT,AND CRIME IN THE DUTCH WELFARE STATE: A LONGITUDINAL STUDY FOLLOWING VULNERABLE YOUTH INTO ADULTHOOD

Life‐course criminological research has consistently suggested that employment can reduce criminal behavior. However, it is unclear whether the financial aspects of employment or the social control that inheres in employment best explains the relationship between employment and reduced offending. By using longitudinal information on a sample of men and women (N = 540) who were institutionalized in a Dutch juvenile justice institution in the 1990s, this study examines the effects of employment as well as the different types of income support on crime. Random‐ and fixed‐effects models show that for men, both work and income support are associated with a reduction in the rate of offending. For women, however, although employment is correlated with a lower offending rate, receiving income support, and in particular disability benefits, is correlated with a higher offending rate. The findings support both theories that stress the financial motivation for crime as well as theories that emphasize the importance of informal social control for reducing offending.     

WHAT'S GOOD FOR THE GAYS IS GOOD FOR THE GANDER: MAKING HOMELESS YOUTH HOUSING SAFER FOR LESBIAN,GAY, BISEXUAL,AND TRANSGENDER YOUTH

Across the United States, lesbian, gay, bisexual, and transgender (LGBT) youth are grossly overrepresented in the homeless youth population. These youth are at an increased risk of being victims of violence in homeless youth housing facilities. This Note examines the causes of the overrepresentation of LGBT youth in the homeless youth population. Additionally, this Note suggests the following changes to the regulation of homeless youth housing programs to make them safer for these youth: (1) placing low maximum limits on the occupancy capacity at which these programs may operate, (2) requiring that all showering facilities provide individual privacy, (3) prohibiting anti‐LGBT discrimination in the provision of services, (4) requiring nondiscrimination and sensitivity training, and (5) promoting the creation of LGBT‐specific homeless youth housing programs.     

“YOUTH IS ENMESHED IN A HIGHLY DYSFUNCTIONAL FAMILY SYSTEM”: EXPLORING THE RELATIONSHIP AMONG DYSFUNCTIONAL FAMILIES,PARENTAL INCARCERATION,AND JUVENILE COURT DECISION MAKING*

Although prior work has substantiated the role of external attributes in juvenile court decision making, no study to date has examined how family situational factors as well as maternal and paternal incarceration affect juvenile court officials' responses to troubled youth. Using quantitative and qualitative juvenile court data from a large urban county in the southwest, this study draws on attribution theory to examine how family structure, perceptions of family dysfunction, and parental incarceration influence out‐of‐home placement decisions. Findings reveal that juvenile court officials' perceptions of good and bad families inform their decision making. This study emphasizes the need to unravel the intricate effects of maternal and paternal incarceration and officials' attributions about families and family structure on juvenile court decision making.     

THE TRUANCY COURT DIVERSION PROGRAM OF THE FAMILY COURT,WARREN CIRCUIT COURT DIVISION III,BOWLING GREEN,KENTUCKY: AN EVALUATION OF IMPACT ON ATTENDANCE AND ACADEMIC PERFORMANCE

Educators, parents, and community services partnered with the family court judge to implement the Truancy Court Diversion Program (TCDP). TCDP significantly impacted unexcused absences, unexcused tardies, and academic performance of the elementary and junior high students participating in the program. Elementary participants were more likely to maintain their improved attendance following participation than were junior high participants. Nonetheless, junior high participant grade point averages increased during TCDP and were maintained subsequent to TCDP. TCDP was an effective intervention for improving attendance and academic performance and helping preclude future delinquency.