Gatekeeping by Allegations: An Examination of Verified,Unfounded, and Fabricated Allegations of Child Maltreatment Within the Context of Resist and Refusal Dynamics

Allegations of child maltreatment and neglect, including child sexual abuse, in the context of child custody disputes pose particular challenges for child protection services, family law professionals and the courts to identify children at risk of harm, as well as children impacted and exposed to other risk factors. Accurately identifying child maltreatment requires assessing the background, the history and the context of the allegations in order to differentiate confirmed, unfounded, and fabricated allegations. The paper provides a review of the history and current understanding of allegations within the context of child custody disputes by considering the connections of fabricated allegations to the theory of alienation and the role of gatekeeping. The paper then examines the social science literature regarding allegations within child protection investigations (the prevalence, types of maltreatment, reporter of allegations, and case outcomes) and explores the factors that have contributed to the challenges faced by child protection services to investigate and make determinations regarding allegations within the context of child custody disputes. We argue for early assessment protocols for child protection services to screen child custody cases, to differentiate allegations of alienation from other types of harm, to enhance role clarity in these volatile situations, to refrain from “taking sides” and to work collaboratively with the family law community. Lastly, we offer legal implications to improve collaboration between child protection services and the family law field to better respond to these complex cases.     

The Transition to Group Decision Making in Child Protection Cases: Obtaining Better Results for Children and Families

It was only a few years ago that in most jurisdictions across the United States, decisions at each stage of a child welfare case were made by individual professionals (law enforcement, child protection workers, social workers, and judges) who were all a part of the community's response to child abuse and neglect crises. In the last decade, the development and continuing evolution of best practices have brought about many changes in how professionals approach the resolution of these issues, how they convene interested persons in the decision‐making process, and how families and children participate in decisions. This article will examine some of these changes, with a particular focus on the expanding use of groups and the inclusion of families in these groups to make better decisions in child protection cases.     

Case-Based Deliberation in Cases of Child Abuse: an Innovative Way to Cooperate Between Justice and Care

A lack of communication between care workers, police officers, judicial officials and medical professionals can obstruct a fast and efficient approach of child abuse. This problem inspired a pilot project called ‘the Courage Protocol’, which was introduced as an experiment in the legal district of Antwerp, Flanders (Belgium). The most important novelty in this project is the case-based deliberation between care workers, medical professionals and judiciary officials, as this implies an actual encounter between these representatives in which relevant information is shared and possible ways to approach specific cases are discussed. Based on a scientific evaluation of this deliberative practice, this article discusses its potential as an innovative way of cooperation between justice and care.     

Children's experiences of domestic violence: developing an integrated response from police and child protection services

Police notifications of incidents of domestic violence to child protection services constitute an acknowledgement of the harm that domestic violence inflicts on children. However, these notifications represent a substantial demand on child welfare services and the outcomes for children and victims of domestic violence have been questioned. This paper presents findings from the first UK study to examine these notifications in depth and examines the interface between the police and child protection services in responding to domestic violence incidents. The research reports on police interventions in 251 incidents of domestic violence involving children; the communication of information to child protection services and the subsequent filtering and service response. Social workers found that notifications conveyed little information on children's experiences of domestic violence. Forty per cent of families notified had had no previous contact with child protection services in that area, but those cases most likely to receive social work assessment or intervention were those where the case was already open. Notifications triggered a new social work intervention in only 5% of cases. The study also identified a range of innovative approaches for improving the co-ordination of police and child protective services in relation to children's exposure to domestic violence. Arrangements that maximized opportunities for police and social workers to share agency information appeared to offer the best option for achieving informed decisions about the appropriate level of service response to children and families experiencing domestic violence.     

Beliefs about child witnesses: A survey of professionals

This research addressed how professionals involved with the legal system evaluate children, primarily between 4 and 8 years old, as witnesses. In particular, we focused on professionals’ beliefs and opinions regarding children's memory, suggestibility, and behaviors as they relate to witness credibility. In addition, we surveyed professionals’ evaluations of investigative methods related to reliability. Four hundred and seventy-eight professionals working with children in the Norwegian legal system (i.e. judges, police detectives, psychologists, child psychiatrists, prosecutors, and defense attorneys) completed a questionnaire about child witness issues. Results indicated that psychiatrists as well as police officers expressed greater belief in children's capacities than did other groups, whereas defense attorneys and psychologists were more skeptical regarding children's general credibility. Psychiatrists and psychologists both, however, tended to favor, more than did legal professionals, the use of clinical techniques with children in abuse investigations. Implications are discussed in relation to professionals’ attitudes toward children as witnesses.     

Assessing the Relative Importance of the Child Sexual Abuse Interview Protocol Items to Assist Child Victims in Abuse Disclosure

This study identifies (1) the importance of using the Child Sexual Abuse Interview Protocol for multiple disciplines to obtain detailed information of what the alleged child victims say and claim, and (2) the concurrence of multiple professionals about the relevance of items in the protocol in their practice. A survey with 100 items based on the Child Sexual Abuse Interview Protocol was self administered by 36 professionals working at a child advocacy center including administrators, attorneys, child advocates, support persons, physicians, police, psychologists, and social workers. These respondents unanimously felt it was very important for interviewers to complete two specific items during the course of an investigative interview: “showing the interviewer is listening to the child” and “showing patience with the child.” As indicated by the average rating scores, 89 items were perceived between very important and important, and nine items as somewhat important. No item on this scale was rated as doesn’t matter or unimportant. Social workers and police officers did not differ significantly in their ratings of the importance of these items. Both quantitative and qualitative results support four major considerations when using an interview guide: 1) flexibility in opening and closing the interview, 2) professional and appropriate use of the anatomical dolls, 3) assessment of the age and mental state of the child, and 4) determination of the order of questions based on severity of incidents. This study provides data to identify the importance of using a comprehensive interview protocol for multidisciplinary professionals who work with alleged victims of child sexual abuse. The use of these 100 items will enhance the effectiveness of conducting a one-time interview to avoid repeated interviews. This study that was originally aimed at comparing differences among professionals has, in fact, demonstrated the similarities across disciplines, as agreement among various professional groups was substantial. This finding dissolves the myth that multiple disciplines brought forth diverse opinions and instead encourages the “working together” concept of a team.     

MEDIATION IN CHILD PROTECTION AND THE NOVA SCOTIA EXPERIENCE

In recent years, mediation has become a device used to settle disputes in the area of child protection. The first legislatively based child protection mediation program in Canada was implemented in the province of Nova Scotia in 1993. This program has been criticized for not safeguarding children from neglect and abuse, for redundancy with respect to settlements offered by child protection workers, for its nonuse of child protection workers as mediators, and for power imbalances between negotiating parties. It has also suffered from a low number of referrals to mediation. The Nova Scotia experience emphasizes the need to gain support not only from child protection agency leadership but also from frontline staff to create a stable and beneficial mediation program. Even in light of the complications with respect to child protection mediation in Nova Scotia, there is a growing interest and implementation of mediation programs throughout Canada.     

Assessing Children’s Risk for Homicide in the Context of Domestic Violence

Increasing evidence indicates that children are at risk of homicide in the context of domestic violence. Using a retrospective case analysis of 84 domestic homicide cases, this study sought to identify the unique factors that place a child at risk of homicide. Three groups of domestic homicide cases in which there were no children in the home (No Child in the Home, n?=?44), a child was targeted (Child Target, n?=?13), and a child was present, but not targeted (No Child Target, n?=?27) were compared. Overall, there were no significant differences amongst cases involving children (targeted or not) on major factors except for the higher number of agencies involved with couples with children. Few cases had risk assessment or safety plans completed. Despite the study limitations, the findings speak to the need for professionals to assess child risk and include children in safety planning in all cases of domestic violence.     

Client violence and its negative impacts on work attitudes of child protection workers compared to community service workers

This study investigated the prevalence of client violence toward child protection workers and its negative impacts on the work attitudes of those workers compared with community service workers in South Korea. This study is based on the assumption that child protection workers are more vulnerable to violence than are community service workers because of the unique characteristics of the roles they play. Results of the data, drawn from a sample of 413 child protection workers and community service workers, found that client violence was more prevalent against child protection workers and that the negative impacts of this violence on work attitudes were more clearly highlighted for child protection workers. Based on the results of this study, implications for preventing client violence and lessening its negative impacts on work attitudes of child protection workers were identified.     

Child Protection Law as an Independent Variable

Child protection professionals work in a multidisciplinary system in which the law and the family court play central roles and which collects an increasing amount of data. Yet we know little about what impact the law has on whether a child is removed by child protective services, is deemed neglected by a family court, or reunifies with a parent. Do state‐to‐state variations in child protection laws, or changes by individual states to their laws, lead to different outcomes for children and families? The dramatic variations in child welfare practice from one state to another suggest that legal variations do matter. Yet empirical research on these questions is scarce both because we collect too little data to measure all such issues, and, because we have failed to study the data we do have. This article is a plea for researchers to rectify that problem and for policymakers to improve data collection. Doing so would facilitate a more clear understanding of the law's effect on child protection outcomes and aid policymakers and advocates in identifying both promising and problematic practices and legal reforms.     

Practitioner perspectives on rapport building during child investigative interviews

The inclusion of a rapport phase with children in investigative interviews is considered best practice as research shows that this can improve the quality of information provided. However, the phenomenon of ‘psychological rapport’, as demonstrated in a person's behaviour, is less understood. Specifically, how do practitioners build rapport with children in the rapport phase? The aim of this paper is to provide information on the methods used by practitioners for building rapport with children, with an explanation of how they may influence communication. Nineteen Scottish practitioners (police officers and social workers) were interviewed about their experiences and approach to rapport building with children in investigative interviews. These interviews were qualitatively analysed using a grounded theory approach and produced a model for the relationship between psychological rapport and children's communication. According to this group of practitioners, rapport building acts as a ‘communication tool’ and is approached using three main strategies. These strategies involve using rapport to assess the child, adjust interview approach based on the assessment, and produce a change in the child's psychological state that facilitates communication. These findings have established practitioner understanding of rapport building and highlighted a number of areas that require further research.     

BURDEN OF PROOF BEGONE

This article examines the tendency of emergency child removal decisions—by social workers, police officers, and judges—to become self-reinforcing and self-perpetuating in subsequent child protective proceedings. This snowball effect, as one court has referred to it, is widely acknowledged by lawyers who practice in juvenile court, yet is largely unknown beyond those circles. The article explores the causes and consequnces of this phenomenon in the age of the 1997 federal Adoption and Safe Families Act (ASFA), which converts every day that a child spends in foster care into one more tick of the clock in a countdown toward termination of parental rights. The article provides some background on the law and practice of emergency child removal in the United States today, analyzes the factors that make initial removals outcome determinative in many child protection cases, considers the implications of this phenomenon in light of ASFA, and identifies possible solutions.     

BURDEN OF PROOF BEGONE

This article examines the tendency of emergency child removal decisions—by social workers, police officers, and judges—to become self-reinforcing and self-perpetuating in subsequent child protective proceedings. This "snow-ball effect," as one court has referred to it, is widely acknowledged by lawyers who practice in juvenile court yet is largely unknown beyond those circles. The article explores the causes and consequences of this phenomenon in the age of ASFA (the 1997 federal Adoption and Safe Families Act), which converts every day that a child spends in foster care into one more tick of the clock in a countdown toward termination of parental rights. This article provides some background on the law and practice of emergency child removal in the United States today, analyzes the factors that make initial removals outcome determinative in many child protection cases, considers the implications of this phenomenon in light of ASFA, and identifies possible solutions.     

Reunification in Intrafamilial Child Abuse Cases: A Model for Intervention

In response to a growing number of requests to help reunify parents and children separated by allegations of child abuse, we developed a model for intervention informed by clinical experience, feedback from clients and professionals, and insights from a growing body of interdisciplinary literature. This article presents a retrospective analysis of 29 intrafamilial cases describing the intervention, outcomes, and problems presented by these challenging situations. The safety and protection of the child was the paramount consideration in determining success, whether or not reunification was achieved. Using informal follow‐up data, 24 of the 29 cases were categorized as successful, 21 resulted in full or partial reunification, and 3 cases resulted in the voluntary or court‐ordered withdrawal of an accused father believed to pose a risk to the child. In 5 cases, the nonaccused parent thwarted efforts at reunification, and the case returned to the court of relevant jurisdiction.     

Cross-border public care and adoption proceedings in the European Union

The free movement of persons within the EU has meant that children at risk of harm from family members may be living in a Member State of which they are not a national. The child may be made subject to legal measures under the national law of the host State for the protection of their welfare. This article explores the competence of the EU to protect children in these circumstances, and the scope of the Brussels IIa Regulation in governing jurisdiction over child protection proceedings. It discusses the difference between national child protection systems and the political controversy surrounding English law on adoption following care proceedings issued over a child who is a national of a different Member State. It suggests that further information sharing on national systems and cooperation between courts is necessary for the effectiveness of the law and to encourage understanding of legitimate variation in Member State national family law.     

Rapid Assessment Exploring Impediments to Successful Prosecutions of Sex Traffickers of U.S. Minors

Critical psychological, systemic, and legislative barriers to the successful prosecution of child sex traffickers who exploit U.S. citizens were uncovered during a rapid assessment conducted in a U.S. metropolitan region considered a high intensity child prostitution area. Information obtained during 34 face-to-face interviews with criminal justice professionals most likely to encounter child sex trafficking victims was supported by the collection of supplementary quantitative data. Findings revealed complex psychological factors that deter victim participation in prosecutions of traffickers such as child victims’ denial of exploitation, trauma bonding between victims and traffickers, and frequent flight and revictimization. Existing inadequacies within the criminal justice system were found that may contribute to child sex trafficking persisting as a low risk/high reward crime.     

A comparison of the ability of experts and non-experts to differentiate between adult and child human bite marks using receiver operating characteristic (ROC) analysis

Fifty colour prints of human bite marks were sent to 109 observers who were asked to decide using a six point rating scale, whether the marks had been produced by the teeth of an adult or a child. The observers consisted of accredited senior forensic dentists, accredited junior forensic dentists, general dental practitioners, final year dental students, police officers and social workers. The results were compared against a “gold standard” which was the actual verdict from the case. Comparison of the results between the groups of observers and the standard was made using Receiver Operating Characteristics (ROC) methodology. The best decisions were made by senior/junior experts or final year dental students. General dental practitioners and police officers were least able to differentiate correctly between adult and child bite marks. The effect of training is important and its effects need to be assessed in more detail in future studies.     

‘Working’ the international child protection case: a snapshot of local authorities’ experiences within an evolving legal context

Child protection proceedings often concern children with international connections. In recent years, the courts of England and Wales have handed down a number of significant judgments examining the application of international legal instruments (in particular Brussels IIa) to care proceedings. This article considers the impact of court judgments on the practical ‘working’ by Local Authorities of international child protection cases. A case study was conducted, oriented by socio-legal theory, consisting of a small number of qualitative interviews with Local Authority lawyers and social workers. The article concludes that some judgments have acted as a catalyst to change working practices for Local Authorities. However, international child protection cases present a variety of challenges for Local Authorities, and judgments provide an imperfect site for the provision of procedural and substantive guidance in this complex area. Further, there was often a tension between the need to conscientiously adhere to such guidance, and the welfare needs of the children with whom the Local Authority was concerned.     

Comparing Wife Abuse Perceptions Between Chinese Police Officers and Social Workers

Seventy-one Chinese social workers and 74 Chinese police officers residing in Hong Kong were surveyed on their gender-role attitudes, endorsement of wife abuse myths, and definitions of wife abuse. Results showed that compared to social workers, police officers held more conservative gender-role attitudes, endorsed more myths about wife abuse, and adopted more restrictive definitions of physical and psychological wife abuse. Hierarchical regression analyses showed that definitions of wife abuse were related to different predictors for these two groups of professionals. Among social workers, egalitarian gender-role attitudes were a significant predictor of broad definitions of physical wife abuse, but no significant predictor was found for psychological wife abuse. Among police officers, significant predictors of definitions of physical wife abuse included marital status, educational attainment, and endorsement of wife abuse myths; gender-role attitudes were the only significant predictor of definitions of psychological wife abuse.     

Private and public voices: Does family group conferencing privilege the voice of children and families in child welfare?

This article examines the use of family group conferencing in child protection and considers its ability to privilege the voice of children and families who reach the attention of statutory child protection services. The family group conference (FGC) is a process of family decision-making in child protection, originally developed in Aotearoa New Zealand, and now practised in many countries including the UK. Examining the literature and research relating to the FGC it considers whether the approach provides a genuine context of participation and partnership, or whether it has become an instrumental professionally led practice as families are charged with greater responsibilities for children at risk.