The Missing Child in Child Protection: The Constitutional Context of Child Maltreatment From Meyer to DeShaney

This paper employs DeShaney v Winnebago County (1989) as an illustration of how the law has lost sight of the interests of children in cases of child maltreatment. The historical constitutional context of child maltreatment – balancing state's interests and parental rights – is discussed. The opinions in DeShaney and two of the major criticisms of the majority's opinion – the action versus inaction dichotomy and the restrictive interpretation of the special relationship doctrine – are then considered. Legislatively created entitlements to protection are suggested as an avenue of relief for injured children which also necessitates a focus on the rights and interests of children.     

Protecting the Child

When there is an allegation that a child has been sexually abused, the first concern may be the protection of the child, not only from further abuse, but from the consequences of reporting the abuse. It may be necessary to take protective measures even before the credibility of the allegations has been sufficiently tested, but, of course, some evaluation of credibility must be made: draconian steps cannot be taken simply on a statement which may be patently exaggerated or imaginative. It may be necessary to remove the child from the home but such should be a last resort. It may be that the family's own controls will be sufficient or that protective orders will be adequate. And if removal is necessary, consideration should first be given to removing the abuser rather than the abused. In either case, as soon as removal is ordered, the prerequisites for return should be set out so that the child will not be out of her home longer than is necessary for her safety. Since rehabilitation of the family is always a primary objective, maintaining family contacts is desirable and thus visitation should be arranged, with appropriate protections. Protective orders are being increasingly found to be a quickly available and nicely flexibile tool for the security of the child with a minimum disruption for the family. Due process is required but the orders can be designed for the individual. But they must be enforced or they will quickly become ineffective and a child may again be at risk.     

Identifying and Managing Stress in Child Pornography and Child Exploitation Investigators

In the last decade, law enforcement personnel have increasingly been tasked to police the internet in an effort to staunch the production and distribution of child pornography and to investigate computer-facilitated child exploitation. These investigative personnel have encountered a range of assignment-specific challenges and strains as a result of their involvement in this taxing and novel investigative activity. In some cases, the cumulative effects of these strains, together with repeated exposure to highly disturbing images of abused children, have resulted in stress reactions that have commanded the attention of police managers and police psychologists alike. The present article is intended to provide an overview of the stresses unique to child exploitation and pornography investigations, common reactions to these stressors, procedural safeguards to mitigate the impact of this high-risk assignment, and two model programs designed to meet the needs of the current generation of “cyber cops”.

The Nature and Determinants of Child Representation Practice in Child Welfare Cases

The representation of children in dependency cases is an emerging legal specialty. Although scholars have attempted to articulate the duties that should characterize best practices, there has been little, if any, research concerning what child representatives actually do in practice. Using a sample of 168 child representatives in Georgia and Washington State, this study examines the relative significance of various case‐related activities and how these vary as a function of case‐ and attorney‐level characteristics. Based on the findings, we conclude that attorney activities are influenced by a combination of case and attorney characteristics, suggesting several distinct avenues for improving legal representation for children in dependency cases.     

Child witness statement quality

Use of general questions in child witness interviews often limits the completeness of young children's recall. In this study experienced professionals interviewed 5–6 year olds and 8–9 year olds “as they would normally” about live events witnessed by the children. Interviewers' spontaneous use of general and specific questions was assessed, as were the effects of these question types on the children's recall. A main result was that the younger children would frequently fail to answer general questions but would then provide information relevant to these same questions later in the interview. Use of specific questions in these relatively naturalistic interviews did not necessarily improve the overall completeness of younger children's recall, contrary to some previous findings, although, in line with previous findings, such questioning reduced overall accuracy rates. These results highlighted the scale of the problem of “omission errors” in young children's recall. Implications for the use of general questions by professionals who interview child witnesses are discussed.     

Child Fatalities in Dammam: A Call for Child Fatality Reviews in Arab Countries

Identifying children's risk exposure is the first step toward mortality prevention. This retrospective study determined the causes of child fatalities in Dammam, Saudi Arabia. Death reports of children and adolescents from 1999 to 2015 (N = 157) were analyzed. Boys represented most cases (69%) and there were two age peaks (1–5 years and 16–18 years). Accidents (typically immersion) defined the main death circumstance (51%) followed by homicide (25%). Only 33% of cases underwent autopsy, and the most common cause of death was head injury (27%) followed by firearm injury. Only one immersion death underwent autopsy. This study revealed important data about the risk exposure of children in Dammam and emphasizes deficient investigative procedures. Child fatality reviews comprise systematic data collection by multidisciplinary teams to determine the true risks toward children in a community. Such teams do not exist in Arab countries; therefore, strategies should be implemented to initiate them.     

In the Best Interests of an Indian Child: The Indian Child Welfare Act

Before passage of the Indian Child Welfare Act in 1978, state, private, and federal agencies systematically removed Indian children from their families and tribal communities, placing them with non‐Indian families with little appreciation for the detrimental impact that cultural deprivation would have on these children. State courts often ignored the sovereign authority of tribal courts with regard to their children, and were, more often than not, unwilling to acknowledge the importance of the perspective of the child's tribe and/or extended family members. With passage of the Indian Child Welfare Act in 1978, Congress imposed upon state child welfare practices substantive and procedural requirements to which state courts must adhere, most notably the mandate that state courts must now give primary consideration to the placement of Indian children within their extended families and tribal communities. In addition, federal law requires state courts to recognize tribal court authority and jurisdiction over tribal children. This article reviews the history of federal, state, and private practices that propelled Congress to pass the ICWA, the changes that have resulted from this vital legislation, and the challenges that face courts in ensuring that state courts meet these requirements.     

Child Maltreatment Risk Inventory: Pilot Data for the Cleveland Child Abuse Potential Scale

This article presents data on the development of a child maltreatment actuarial risk inventory, The Cleveland Child Abuse Potential Scale (C-CAPS). The study consisted of three groups in a juvenile court setting: child custody cases without indication of maltreatment (N = 34), cases where maltreatment was indicated (N = 37), and a third middle ground group of cases referred to the court’s Diagnostic Clinic (N = 47). This third group of cases had not elevated to court involvement with a filing of child maltreatment. Study results provide compelling support for overall classification accuracy, with 100% specificity and 95% sensitivity and an overall hit rate of 98%, when only the maltreatment and non-maltreatment groups were compared. Adding the third group of possible maltreatment cases dropped the overall hit rate to 71%. The instrument was able to correctly classify 85% of Non-Maltreatment cases and 76% of Maltreatment cases. The overall factor structure of the instrument is also reviewed.     

Caregiving Responsibilities and Child Spanking

This study examines whether mothers who are also caregivers of elderly or dependent family members are more likely to resort to physical discipline than other mothers. Using data from the National Survey of Families and Households, we found that caregivers are more likely to spank their children than noncaregivers; however, among those who spank, caregivers are somewhat less prone to frequent spankings than noncaregivers. The data further suggest that it is primarily care for adults outside the household that is related to use and frequency of spankings.     

Child witnesses in criminal court

The last decade has witnessed a dramatic rise in public and professional concern regarding the special needs of children as witnesses in the court setting. This study was conducted to examine characteristics of criminal court cases involving children as potential witnesses that were adjudicated through a trial conviction, trial acquittal, or guilty plea, from among cases that went to court in a 12-month period in nine judicial circuits in three states. Three hundred sixteen criminal court cases involving children as potential witnesses were examined. The vast majority, of these cases involved sexual crimes against children. The results indicated that relatively few (16.8%) adjudicated cases were resolved through a trial proceeding. Sentencing varied from state to state and as a function of the disposition of the case. Future research should be conducted prospectively to determine (a) whether cases involving children as witnesses in criminal court are prosecuted at lower rates than cases involving adults and (b) the reasons that cases leave the criminal justice system prior to any court actions.This research was supported by State Justice Institute grant No. 88-11J-D-064. Points of view or opinions expressed in this article do not necessarily represent the official position or policies of the State Justice Institute.     

欧美：严惩国际儿童诱拐

作为移民国家，美国父母诱拐儿童的历史由来已久，而且案发量逐年增加。为此，美国加快了立法进程，逐步形成了较为完备的法律体系。目前不但联邦有统一的法律，而且各州也制定了相关的法律。既有涉及民事的法律，又有涉及刑事的法律。在所有50个州的法律中，都将父母拐骗行为定为严重犯罪。