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.     

FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

Legal responses to child sexual abuse cases in the Children’s Court of Victoria: study findings on a case-management approach

Child sexual abuse cases present Children’s Courts with distinctive challenges. The highly conflictual nature of child sexual abuse cases means they do not lend themselves to the usual adversarial court processes that characterise the conduct of Magistrate Court matters in Australia. With this in mind, the Children’s Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (known as the ‘D’ List) which offered an intensive Magistrate-led case management approach to child sexual abuse cases in the Family (child protection) Division of the Court. The operation of the List was evaluated to assess the suitability and effectiveness of this approach, and to investigate the challenges associated with managing and deciding this class of cases. The findings confirmed that the List provided better management of cases and reduced delay. Given this, the Court is continuing the judicially proactive intensive case management approach and dedicated list for child sexual abuse matters and extending it to regional courts; believing it to be a more effective approach to managing and deciding this complex class of cases.     

Show Me the Money: Child Welfare Cost Savings of a Family Drug Court

Family drug courts are programs that serve the complex needs of families involved with the child welfare system due to parental substance abuse. This article summarizes the results of outcomes and selected costs of a system‐wide reform located in Baltimore, Maryland. Results from this study found that parents served by the program entered treatment faster, stayed in treatment longer, and completed treatment more often than non‐served parents. Children in program families spent less time in foster care and were more likely to be reunified with their biological parents. These outcomes resulted in cost savings, including reduced foster care expenditures.     

The impact of stress on cognitive components of child abuse potential

The purpose of the present research was to test the effects of situational stress on the components of the cognitive behavioral model, including expectations, interpretations, and behavioral responses to child behaviors (Twentyman et al., 1985). It was predicted that parental abuse potential would be positively related to inappropriate expectations, to negative and internally caused interpretations of child behavior, and to negative parental responses. Second, it was expected that interpretations and responses would be more negative as child abuse potential increased. Sixteen mothers from a child abuse prevention and treatment program completed the Child Abuse Potential Inventory (Milner and Wimberly, 1980) and provided interpretations, evaluations, and responses to a set of vignettes depicting normal child behaviors. The data supported the hypotheses. As abuse potential increased, parent responses were judged as more controlling, punishing, rejecting, and aroused. High stress strengthened the magnitude of these responses. These findings were interpreted within the context of a cognitive behavioral model.     

Flashpoint: An Innovative Media Literacy Intervention For High‐Risk Adolescents

This paper describes the development and formative evaluation of a media literacy, media based intervention for high‐risk adolescents. The program described, Flashpoint, was developed to (1) moderate the influence of media presentations of violence, substance abuse and prejudice on adolescents; and t (2) teach participants cognitive skills which would enable them to resist impulses to engage in behavior involving violence, substance abuse or prejudice. The evaluation described studied the pilot testing of the program with three groups of adolescents (N=33) involved in the juvenile justice system: adolescents in a diversion program (first time, nonviolent offenders); adolescents on probation; and adolescents in residential custody of the Department of Youth Services. Qualitative findings are reviewed in detail.     

LESSONS LEARNED FROM A CHILD PROTECTION MEDIATION PROGRAM: If At First You Succeed and Then You Don't…

This article discusses the U.A.L.R. child protection mediation program as well as several other child protection mediation programs in order to examine what makes a program a continuing success. Child protection mediation programs have gone through a period of tremendous progress and growth over the past 20 years in the United States and Canada. Numerous studies have shown that child protection mediation helps families and courts by lowering the amount of time that children spend in foster care and the amount of costs for courts and agencies. Child protection mediation is an essential tool for juvenile courts and the families that have cases there. This article addresses the development of child protection mediation programs, their importance to juvenile courts, and some reasons that these programs succeed or fail. Although many of these programs have early accomplishments, they have not always been able to maintain their growth or to continue to exist. The U.A.L.R. Mediation Project has not sustained its early levels of cases or referrals from court for numerous reasons. Using the techniques of other thriving programs, we will attempt to restart and re-energize the program. It has been established that the people who have a role in the establishment of a program, the funding sources and especially the commitment of the parties to the program all have a significant long-term impact. This article points out how programs should begin and proceed if they are to be a long-term success.     

The case of two trials: Father-son incest

Although efforts for investigating and prosecuting child abuse cases have increased little attention has been paid to juror response to child testimony. This paper, developed as part of a pilot study to test a questionnaire for polling jurors' opinions in child sexual abuse cases, analyzes a case in which there was a reversal of outcome at retrial. Poll results of the jurors' opinions suggest the need for testimony from law enforcement and child sexual abuse experts to explain children's perception, memory, and recall of a reported experience.     

Familial Sex Trafficking of Minors: Trafficking Conditions,Clinical Presentation,and System Involvement

It is well documented in the literature that child sex trafficking can be perpetrated by family members, though limited research has focused on describing this type of sexual exploitation. This pilot study addresses this gap by providing an analysis of familial sex trafficking considering trafficking dynamics, and rurality. Using a sample of 31 child welfare-involved children referred for behavioral health assessment and treatment, this mixed methods study explores: (1) victim and trafficker characteristics, the trafficking situation, law enforcement classifications of trafficking, clinical profiles of victims, and system involvement of children and youth involved in familial sex trafficking; (2) gender differences in clinical outcomes in sex-trafficked children; and (3) geographical differences in severity of the victimization experience. Major findings document high rates of family members trafficking children for illicit drugs; high severity of abuse as measured with the Sexual Abuse Severity Score, with higher severity of abuse for children living in rural communities; clinical threshold level scores on the Child Behavior Checklist (CBCL), and the Trauma Symptom Checklist for Children (TSCC-A). Boys and girls had similar clinical profiles except boys had higher CBCL externalizing scores, and females had higher TSCC depression scores. Additionally, more than half of the children in this sample had attempted suicide in their lifetime. This formative study sheds light on the phenomenon of familial sex trafficking, thereby creating the context for further investigations. Implications for identification and effective responses to familial sex trafficking, with specific attention to gender and geography are discussed.     

Preventing repeat incidents of family violence: analysis of data from three field experiments

Preventing repeat victimization is an area of criminology that has shown particular promise in recent years. Based on the premise that persons once victimized are at higher risk than others for future victimization, British officials developed successful programs that focus crime prevention efforts on victims. Of all crimes, family violence may have the highest repeat rate, especially in the first weeks after an incident is reported to the police. Accordingly, New York City officials developed an intervention program to reduce repeat incidents of family abuse. Three field experiments conducted during the 1990s evaluated whether or not this program, targeted at public housing residents who reported family violence to the police, reduced the rate of subsequent victimization. The findings produced within each study were not consistent across the studies; rather, these three experiments, separately analyzed, produce varying results. Since the composition of the samples varied across studies, however, one possible explanation is that this program has different effects within different populations. This paper reports outcomes from a series of analyses of pooled data from these three studies to address the inconsistencies. The results indicate that the intervention brought about greater reporting of subsequent abuse both to authorities and to research interviewers. The results are invariant across the three studies, indicating that greater reporting of abuse is not idiosyncratic to one particular population, and are consistent across the nature and source of outcome measures. These findings suggest the need for careful monitoring by the advocates and agencies that operate these types of programs and among those designing and testing future programs.     

Parent Perceptions of Participating in a Program for Adolescents Who Are Violent at Home

Child-to-parent abuse (CPA) is an under-addressed form of family violence and relatively few resources are available for families experiencing CPA. The Step-Up program is a CPA-specific, family-level, group format intervention program in King County, Washington. Qualitative and long-term research on CPA intervention programs is lacking, and it is unknown how parents perceive the effects of participating in Step-Up after program completion. Fifteen parents who completed Step-Up with their adolescent child participated in individual semi-structured telephone or in-person interviews. Participants were asked about their perceptions of the effects of Step-Up participation, how they and their child have used skills taught in the program, and which program features were most and least effective. Participants expressed largely positive effects of participating in Step-Up, including decreased violent behavior by their adolescents and improved parent-child relationships. Recommendations for improving Step-Up included the inclusion of follow-up sessions to further reinforce behavior change and increased program accessibility.     

Evaluation of a sexual abuse prevention program for preschoolers

Many sexual abuse prevention programs have no research basis to support their claims of effectiveness. The Sexual Abuse Prevention Program for Preschoolers (SAPPP) was developed by modifying a popular prevention program to include behavioral training and rehearsal, and evaluation components. Children were taught to identify different types of touch, to say “no,” and to “tell others.” Each of the six SAPPP lessons included a topic introduction, stories related to the topic, target behavior rehearsal: This was followed by class discussion. Four university preschool children, three females and one male, between the ages of 3 and 4 participated in the program. All of the children showed improvement from pretest to post-test. The improved post-test scores were the result of correct verbal responses. Correct behavior demonstration responses did not increase for any child. A successful child sexual abuse prevention program should train children to demonstrate appropriate preventive behaviors. Suggestions for improving preventive behavior skills demonstrations and increasing the number of children in future research are discussed.     

The need for child maltreatment research and program evaluation

The knowledge base supporting child abuse treatment and prevention rests upon clinical experience and applied research. An analysis of program funding in the United States indicates that unevaluated clinical programs are funded rather than research or program evaluation projects. Grant funding patterns for the National Center on Child Abuse and Neglect were analyzed for 4 years. Overall, 66% of projects had no research or evaluation component. Without such programs, we cannot determine the effectiveness of treatment and prevention efforts that, while well intended, may have no effects on the participating parents and children, or, worse still, may have unintended negative consequences. Quality programs must be based on the maintenance of a balance between research and clinical efforts with evaluation being an important component of the latter.Portions of this paper were presented at the Seventh International Congress on Child Abuse and Neglect, Rio de Janeiro, Brazil, 27 September, 1988.     

Using recidivism data to evaluate project 12-ways: An ecobehavioral approach to the treatment and prevention of child abuse and neglect

Many programs and projects have been remiss at looking at outcome variables such as recidivistic child abuse and neglect. Presented here are program evaluation data which examine recidivism data over 5 years across more than 700 families. Families receiving services from Project 12-Ways, a multifaceted in-home ecobehavioral approach, were compared with families indicated in the same region who received child protective services other than those offered by Project 12-Ways. Families who receive services from Project 12-Ways are less likely to reinjure or neglect their children again.     

A NEW LOOK AT AN OLD ISSUE:

In 1997, the Office of Child Support Enforcement initiated the State Child Access and Visitation (AV) Grant Program, which involves annual awards of $10 million to states to promote the development of programs to alleviate access problems. Telephone interviews with 970 parents who used mediation, parent education, and supervised visitation programs funded by AV grants in nine states revealed that the programs are reaching diverse groups of parents including many low-income, non-White, and unmarried parents who receive no other type of access assistance. The programs also appear to be achieving the major objectives posited for them by the federal government. One-third to one-half of noncustodial parents in every program type reported that parent–child contact increased following program participation, with supervised visitation users who typically had the lowest levels of parent–child contact reporting a significant increase in the number of days of contact. A review of child support records for 173 program users in three states revealed that child support payments increased among participants following program participation, especially for never-married parents who paid a significantly higher proportion of what they owed. These findings are similar to results reported in a five-state study of mediation programs funded by AV grants that was conducted by the Office of the Inspector General. However, both studies have some serious limitations, including low response rates and the absence of a nontreatment comparison group.     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

CHILD PROTECTION MEDIATION: A 25-YEAR PERSPECTIVE

This article reviews the creation, development, and growth of child protection mediation (CPM) in the United States. Starting with a few pilot projects in the 1970s, CPM has grown throughout the country. The article traces child protection's development through the publication of the Resource Guidelines and Model Courts and then discusses what the necessary ingredients for a mediation program are. Mediation is then discussed from a judicial perspective. Barriers to mediation are listed, followed by a discussion of special issues that arise when developing and maintaining CPM programs. The article concludes with the observation that CPM is now recognized as a best practice by most judges and court improvement professionals and that it continues to grow.     

Predictors of sexually coercive behavior in a nationally representative sample of adolescent males

Data from male participants in the National Longitudinal Study of Adolescent Health are used to examine childhood predictors of late adolescent and early adulthood sexually coercive behavior and adolescent mediators of these relationships. A path analysis shows that experiencing sexual abuse as a child has a direct effect on perpetrating subsequent coercion that is partially mediated by early sexual initiation. Involvement in delinquent activities in adolescence was the only additional significant predictor of sexually coercive behavior and completely mediated the relationship between physical abuse in childhood and later sexual coercion. Of note, more than half of men reporting sexually aggressive acts had no history of childhood victimization, so pathways to sexually coercive behavior for this group remain unidentified. In addition to the universal prevention approaches currently in use in the field, these findings suggest that targeted prevention programs need to be formulated for youth with histories of childhood sexual or physical abuse.     

Postshelter adjustment of children from violent families

Few studies have examined the adjustment of battered women and their children after exiting domestic violence shelters. Participants were 62 women who had endured severe partner abuse, completed a shelter program with their children, and resided in the community for at least 6 months. Field interviews concerned mothers' and children's abuse histories and included measures of maternal depression, maternal trauma, and child behavior problems. Nearly all women had lived violence free since shelter exit. Child internalizing behaviors were associated with direct abuse, maternal depression, and shelter program. Externalizing behaviors were related to maternal depression and shelter program. Neither severity of interparental violence nor maternal trauma symptoms was related to child behavior problems. Mothers' family of-origin abuse predicted current satisfaction with child functioning, beyond the effects of maternal depression and child behavioral problems. Findings suggest a need for postshelter therapeutic services and further research addressing the adjustment of such families.     

The role of clinical forensic medicine in cases of sexual child abuse

The work of specialists in forensic medicine in those cases of child abuse that result in the killing of a child is defined and well known. It is less well defined in cases of (suspected) sexual abuse. The cases presented show the difficulties that arise if medical doctors and prosecutors are uncertain about the procedures that have to be followed or do not appreciate the value of objective findings. It is concluded that knowledge about necessary examinations by physicians, police officers and prosecutors has to be promoted in order to improve handling and (legal) outcome of these cases.