Threats to Perceptions of Fairness in the Termination of Parental Rights

Termination of parental rights (TPR) proceedings are among the most important family court activities. This study contributes to knowledge of the TPR process by illustrating practices employed in TPR proceedings and considering ways that certain practices can hinder perceptions of fairness. TPR court records from one state were analyzed using inductive coding procedures. The analysis identified nine categories of threats to perceptions of fairness in the TPR process. Findings have implications for procedural justice and the legitimacy of child welfare practice.     

REFLECTIONS ON THE STATE OF CONSENSUS-BASED DECISION MAKING IN CHILD WELFARE

Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensus-based decision making in child protection will continue to expand and grow but will also continue to confront these challenges.     

LESSENING THE STING OF ASFA: THE REHABILITATION‐RELAPSE DILEMMA BROUGHT ABOUT BY DRUG ADDICTION AND TERMINATION OF PARENTAL RIGHTS

Congress passed the Adoption and Safe Families Act of 1997 (ASFA) as a response to children waiting in foster homes for years without permanent placement. In addressing the problem of permanency, however, Congress set a strict limit on how long a child could be in foster care (15 out of the most recent 22 months) before a state must either commence a proceeding to terminate parental rights or else lose valuable federal funding. Due to health care funding schemes and quality of treatment, this requirement, in particular, negatively impacts parents currently in drug rehabilitation whose parental rights may be permanently terminated before a realistic chance to recover is permitted. Although ASFA requires that states make “reasonable efforts” to keep families united, it does not define “reasonable efforts,” leaving parental rights and family unity subject to a chaotic interpretation of this requirement from state to state. “Reasonable efforts” should be interpreted to take into account current drug addiction and recovery research and drug court programs should be used to facilitate this goal. Research has shown that focusing on adequate treatment saves states money and improves the lives of children and their families, reducing the need for reliance on termination of parental rights.     

SOCIAL INSTITUTIONS AND VIOLENCE: A SUB‐NATIONAL TEST OF INSTITUTIONAL ANOMIE THEORY*

Messner and Rosenfeld's institutional anomie theory is grounded in the assumption that relatively higher crime rates in the United States are due to (1) the overwhelming influence of economic motives and institutions in society, and (2) the subjugation of all other social institutions to cultural economic interests (e.g., the American Dream). Our analysis is designed to extend the limited body of empirical research on this theory in several ways. First, we seek to test the utility of institutional anomie theory for predicting crime rates across aggregate units within the United States (counties). Second, we draw out the theory's emphasis on instrumental crime and suggest that measures of noneconomic social, political, familial, religious, and educational institutions will be particularly relevant for explaining instrumental as opposed to expressive violence. Third, in contrast to prior research, we develop conceptual reasons to expect that these factors will primarily mediate (as opposed to moderate) the relationship between economically motivating pressures and instrumental violence. Our negative binomial regression analyses of data from the Supplementary Homicide Reports and various censuses indicate that the measures of noneconomic institutions perform well in explaining both instrumental and expressive homicides, but that these measures mediate the impact of economic pressures (as measured by the Gini coefficient of family income inequality) to commit instrumental violence most strongly. Further, we find only very limited support for the more popular moderation hypothesis.     

DO PARENTS MATTER IN CREATING SELF‐CONTROL IN THEIR CHILDREN? A GENETICALLY INFORMED TEST OF GOTTFREDSON AND HIRSCHI'S THEORY OF LOW SELF‐CONTROL*

Gottfredson and Hirschi's general theory of crime (1990) has generated an abundance of research testing the proposition that low self‐control is the main cause of crime and analogous behaviors. Less empirical work, however, has examined the factors that give rise to low self‐control. Gottfredson and Hirschi suggest that parents are the sole contributors for either fostering or thwarting low self‐control in their children, explicitly discounting the possibility that genetics may play a key role. Yet genetic research has shown that ADHD and other deficits in the frontostriatal system are highly heritable. Our research thus tests whether “parents matter” in creating low self‐control once genetic influences are taken into account. Using a sample of twin children we find that parenting measures have a weak and inconsistent effect. We address the conceptual and methodological issues associated with the failure to address genetic influences in parenting studies.     

TESTING SOCIAL LEARNING THEORY USING REINFORCEMENT'S RESIDUE: A MULTILEVEL ANALYSIS OF SELF‐REPORTED THEFT AND MARIJUANA USE IN THE NATIONAL YOUTH SURVEY*

Critics have expressed concerns regarding measurement strategies or analytic techniques often used in social learning research (Horan and Phillips, 2003; Krohn, 1999; Sampson, 1999; Tittle, 2004). In response to these concerns, this study tests the hypothesized causal relationships among reinforcement, general definitions, and self‐reported crime (theft and marijuana use) using a multilevel modeling approach with longitudinal data from the first five waves of the National Youth Survey (NYS), as well as with indirect parent and friend reinforcement measures that incorporate both the assumed products of reinforcement (expected consequences of behavior) and the efficacy of reinforcement (expected influence of the reinforcement source). Within‐subject analyses present a challenge to the theory as social learning variables do not covary significantly over time with criminal offending rates. Between‐subject analyses offer support for the theory as across‐person differences in average parent and friend reinforcement are significantly related to offending rates, and these reinforcement–crime relationships are mediated partially or fully by learned definitions. Implications of these findings are discussed.     

A GUIDE TO EFFECTIVE CHILD PROTECTION MEDIATION: LESSONS FROM 25 YEARS OF PRACTICE

What are the essential elements of a successful child protection mediation program? What outcomes are we seeking? How do we define success? How do these inform or direct program development so that it supports these outcomes? How do we know if it is working? And, how do we start out on the right foot? We are in the enviable position now, after 25 or so years, to benefit from lessons learned from the experiences of many programs. This article provides a 25‐year perspective on key elements that have contributed to the success of child protection mediation programs.     

A METHODOLOGICAL ADDITION TO THE CROSS‐NATIONAL EMPIRICAL LITERATURE ON SOCIAL STRUCTURE AND HOMICIDE: A FIRST TEST OF THE POVERTY‐HOMICIDE THESIS*

Dozens of cross‐national studies of homicide have been published in the last three decades. Although nearly all these studies test for an association between inequality and homicide, no studies test for a poverty—homicide association. This absence is disconcerting given that poverty is one of the most consistent predictors of area homicide rates in the abundant empirical literature on social structure and homicide in the United States. Using a sample that coincides closely with similar recent studies, applying a proxy for poverty (infant mortality) that is commonly employed in noncriminological cross‐national research, and controlling for several common covariates (including inequality), this study provides the first test of the poverty—homicide hypothesis at the cross‐national level. The results reveal a positive and significant association between a nation's level of poverty and its homicide rate. The findings also suggest that we may need to reassess the strong conclusions about an inequality—homicide association drawn from prior studies, as this relationship disappears when poverty is included in the model.     

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.     

SOCIAL WORK AND LAW: A MODEL APPROACH TO INTERDISCIPLINARY EDUCATION,PRACTICE, AND COMMUNITY‐BASED ADVOCACY

Many schools of social work maintain partnerships with schools in other fields, including law schools. Social work educators also seek to provide students with real‐life educational experiences. Schools maintain ties with community‐based organizations to facilitate field placements for students and also to effect social change. I review existing literature regarding social work interdisciplinary education, focusing on law and social work. I describe a social work program designed to provide students with interdisciplinary education both in the classroom and in the field and to effect community‐based advocacy. Finally, I describe pending research designed to measure the program's efficacy.     

THE EVOLUTION—OR END—OF MARRIAGE?: REFLECTIONS ON THE IMPASSE OVER SAME‐SEX MARRIAGE

The debate over legalizing same‐sex marriage implicates the question of whether doing so would signal the end—or destruction—of the institution of marriage. The appeal to preserving a millennia‐old tradition of marriage against change fails to reckon with the evolution that has already occurred. Invocations of gender complementarity between parents as essential to child well‐being also conflict with growing recognition in family law that children's best interests can be served by gay and lesbian parents. Canada's path toward same‐sex marriage suggests that impasse need not be inevitable. In the United States, this impasse stems in part from the problem that same‐sex marriage serves as an emblem of everything that threatens marriage.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTS

In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights.     

现代罪刑法定原则社会保护机能真义之检讨

罪刑法定原则为限制国家司法权的滥用、防止罪刑擅断以保障犯罪嫌疑人、被告人的人权而诞生。但是,孙伟铭、黎景全案以危险方法危害公共安全罪定性后,最高人民法院又印发醉酒驾车犯罪法律适用问题指导意见及相关典型案例的通知,并指出对此类醉酒驾车造成重大伤亡的,应依法以危险方法危害公共安全罪定罪。故有必要对现代罪刑法定原则社会保护机能的真正意义做一探讨,使罪刑法定原则的社会保护机能在罪刑法定原则的框架内得到实现;使刑法的社会效果在法律效果的框架内得到正当合理的实现。     

ECONOMIC DEPRIVATION AND CHANGES IN HOMICIDE ARREST RATES FOR WHITE AND BLACK YOUTHS, 1967–1998: A NATIONAL TIME‐SERIES ANALYSIS*

Using time‐series techniques with national data for 1967–98, we model the effects on changes in age‐race‐specific arrest rates of changes in indicators of economic deprivation. A measure of child poverty is positively related to juvenile arrest rates for both races, whereas changing unemployment (lagged) yields a surprising negative effect on youth offending. Measures of intraracial income inequality are also associated with changes in juvenile arrest rates, but the effects differ by race. Between‐race inequality is unrelated to changes in arrest rates for both races. Our general conclusion is that fluctuations in juvenile homicide offending over recent decades can be understood, at least in part, with reference to the macro‐economic environment confronting young people and their families.     

THE NARROWING GENDER GAP IN ARRESTS: ASSESSING COMPETING EXPLANATIONS USING SELF‐REPORT,TRAFFIC FATALITY,AND OFFICIAL DATA ON DRUNK DRIVING, 1980–2004*

We evaluate two alternative explanations for the converging gender gap in arrest—changes in women's behavior versus changes in mechanisms of social control. Using the offense of drunk driving and three methodologically diverse data sets, we explore trends in the DUI gender gap. We probe for change across various age groups and across measures tapping DUI prevalence and chronicity. Augmented Dickey‐Fuller time‐series techniques are used to assess changes in the gender gap and levels of drunk driving from 1980 to 2004. Analyses show women of all ages making arrest gains on men—a converging gender gap. In contrast, self‐report and traffic data indicate little or no systematic change in the DUI gender gap. Findings support the conclusion that mechanisms of social control have shifted to target female offending patterns disproportionately. Little support exists for the contention that increased strain and liberalized gender roles have altered the gender gap or female drunk‐driving patterns.     

SOCIAL SUPPORT,INEQUALITY, AND HOMICIDE: A CROSS‐NATIONAL TEST OF AN INTEGRATED THEORETICAL MODEL*

Social support, institutional anomie, and macrolevel general strain perspectives have emerged as potentially important explanations of aggregate levels of crime. Drawing on insights from each of these perspectives in a cross‐national context, the analyses show that 1) our measure of social support is inversely related to homicide rates, 2) economic inequality also maintains a direct relationship with homicide rates, and 3) social support significantly interacts with economic inequality to influence homicide rates. The implications of the analysis for ongoing discourse concerning the integration of these criminological theories and the implications for the development of effective crime control policies are discussed.     

SHORT‐TERM CHANGES IN ADULT ARREST RATES INFLUENCE LATER SHORT‐TERM CHANGES IN SERIOUS MALE DELINQUENCY PREVALENCE: A TIME‐DEPENDENT RELATIONSHIP*

The impacts of quarterly adult arrest rates on later male serious delinquency prevalence rates were investigated in Philadelphia police districts (N = 23) over several years using all male delinquents aged 10–15 years who were mandated to more than “straight” probation. An ecological deterrence model expects more arrests to lead to less delinquency later. A community justice or mass incarceration model, the ecological version of general strain theory, and an ecologized version of the procedural justice model, each anticipates more arrests lead to more delinquency later. Investigating quarterly lags from 3 to 24 months between adult arrests and later delinquency, the results showed a time‐dependent relationship. Models with short lags showed the negative relationship expected by ecological deterrence theory. Models with lags of about a year and a half showed the positive relationship expected by the other three theories. Indicators needed so future works can gauge the relative merits of each theoretical perspective more accurately are described. The spatial distributions of current and 1920s delinquency rates were compared.     

THE EFFECT OF VICTIM IMPACT PANELS ON DUI REARREST RATES: A FIVE‐YEAR FOLLOW‐UP*

Victim Impact Panels (VIPs) were introduced by Mothers Against Drunk Driving (MADD) in 1982 and have since spread throughout the United States in an attempt to reduce drunk driving. The objective of a VIP is to expose DUI offenders to the pain and suffering caused by drunk driving without necessarily condemning the DUI offender. The few scientific evaluations of the effectiveness of VIPs have produced mixed results. The present investigation draws on evidence from a quasi‐experimental design and a five‐year follow‐up to probe further the effects of VIPs on DUI recidivism. Results show that 33.5% of the comparison group, but only 15.8% of the VIP group, were rearrested over the five‐year period. Discrete‐time event history analyses suggest that VIPs are associated with a 55.7% overall decrease in the hazard of rearrest; the VIP effect is strong in the first two years but then wanes dramatically. Methodological threats stemming from the study's design are considered. The implications of the differing styles of VIP and the resultant outcomes are also discussed.