IMPROVEMENT OF CLINICAL AND LEGAL DETERMINATIONS IN CASES OF ALLEGED CHILD SEXUAL ABUSE

Mental health and legal professionals have struggled, too often isolated from each other's disciplines, to establish methods to assess and demonstrate whether a particular child has been abused and whether a particular adult is, in fact, the perpetrator. Complete, accurate, and neutral assessment must be the first step in the healing process; however, barriers imposed by professionals often interfere with the assessment process. This article critiques these barriers and suggests improvements for both good clinical practice and effective use in increasingly adversarial legal proceedings.     

THE NEGLECT OF CHILDREN AND CULTURE: RESPONDING TO CHILD MALTREATMENT WITH CULTURAL COMPETENCE AND A REVIEW OF CHILD ABUSE AND CULTURE: WORKING WITH DIVERSE FAMILIES*

This article examines cultural competence in the context of child protective proceedings, underscoring the dangers posed by bias toward particular cultural views, standards, and norms. I look at the racial imbalance within the realm of child maltreatment proceedings and explore the challenge of how children can receive appropriate services, counseling, and representation, given their varying cultural, ethnic, and racial backgrounds. Lastly, I review Child Abuse and Culture: Working with Diverse Families, by Lisa Aronson Fontes.     

THE POLICE AND CHILD ABUSE: AN ANALYSIS OF POLICE DECISIONS TO REPORT ILLEGAL BEHAVIOR*

This research examines police decisions to report child abuse. A questionnaire was administered to 142 law enforcement officers at both municipal and county police agencies in a southern county. Vignettes were used to determine the response of police to several abuse events that differ in their nature and seriousness. Other items measured include dogmatism, knowledge of the reporting law, and experience reporting child abuse. The results indicate that the primary contributors to police decisions are definition of the behavior as serious, perception that the behavior is criminal, and race of the family. Conclusions and inferences are made regarding how these perceptions are formed and their impact on police discretion.     

ASSESSING AND MANAGING ALLEGATIONS OF CHILD SEXUAL ABUSE

This article examines the procedures involved in the assessment and management of allegations of child sexual abuse in courts exercising custody and access jurisdictions. The author discusses the various options available to the court when confronted with such allegations, noting that, in the contex: of access disputes, the issue for the court is not whether a parent has sexually abused a child but whether, in all the circumstances of the case, access should take place or custody should change. In all matters involving access between parents and children, the overriding principle is the paramountcy of the welfare of the child. It is also argued that supervised access, although an increasingly popular alternative for the court when faced with allegations of abuse, is problematic and may not be in the best interests of the child. The author suggests that the emphasis must be on children's rights find parental responsibilities.     

CHILD CUSTODY DISPUTES IN FAMILIES OF MUSLIM TRADITION

Islam is one of the fastest growing religions in America and by all accounts, there are 2.35 million Muslims in the country today. Muslims separate and divorce at rates consistent with the general population and almost half of those born in the United States are in relationships with non‐Muslims. It is not surprising that issues of religious education take center stage in child custody disputes. In addition, 64% of foreign Muslims cite the U.S. disrespect for Islam as the overwhelming factor in their resentment for America and Americans and they constitute the greatest potential risk for child abduction of American Muslim children. As more Muslim Americans separate and access the family law courts, we as lawyers, judges and child custody experts must be prepared to address the unique aspects of religion and foreign travel that these families present.     

A CRITICAL REVIEW OF CHILD CUSTODY EVALUATION REPORTS

This study examined 52 child custody reports drafted by doctoral-level psychologists from across the United States to determine (a) the nature, scope, and quality of the evaluation process as reflected in report content; (b) the degree to which practice as documented in reports is congruent with practice as described by survey data; and (c) the manner in which evaluation results are communicated to the court. In general, the findings suggest that evaluation procedures identified in reports are consistent with those described in past survey research and with custody guidelines. Evaluations tend to be court ordered, comprehensive, and well written. Ways in which reports can be improved were identified.     

ANALYSIS OF MEDIATION AGREEMENTS OF FAMILIES REPORTING SPECIFIC TYPES OF INTIMATE PARTNER ABUSE

The purpose of this study was to carefully measure Intimate Partner Abuse (IPA) behaviors among a large ( n  = 864 couples) sample of pairs of husbands and wives who were mandated to attend divorce mediation and then to: categorize the behaviors into theoretically-driven types of IPA, determine the number of cases screened out of mediation for any reason, and investigate whether measured outcomes of mediation (primary physical and legal custody) were related to IPA. Results indicated that rarely was IPA not reported—the most frequently reported IPA behavior was psychological abuse (98% of wives; 97% of husbands), followed by physical abuse (58% of wives; 54% of husbands), escalated physical abuse (62% of wives; 50% of husbands), and sexual intimidation, coercion and rape (56% of wives; 29% of husbands). Rarely were couples reporting IPA screened out of mediation (5%), and rarely were supervised parenting time or restrictions on contact between parents included in mediated agreements made by couples reporting IPA (6.5%). The overall level of IPA was unrelated to the specific terms of mediated agreements; however, by far the most frequent type of mediated agreement the couples' negotiated in mediation was for primary physical custody to go to the wife and for the husband and wife to have joint legal custody (59% of cases). Analysis of the implications of these findings and policy recommendations are included.     

MEDIATIVE STRATEGIES IN THE MANAGEMENT OF CHILD SEXUAL ABUSE MATTERS

This article presents the theoretical importance and practical applications of mediative strategies in family conflicts where sexual abuse allegations are involved. Traditional approaches often further the breakdown of the family and harm the children. The linear nature of the legal system in which these conflicts are played out, the strong moral and cultural influences in issues concerning sexuality, and the approach of the professionals involved are factors considered. When multiple professionals intrude simultaneously on a family, there is severe disruption of the boundaries and internal hierarchy of the system. The process of mediation allows for effective conflict management because it is premised on systemic problem solving. The article catalogues specific mediative skills, strategies, and techniques that can be applied. It also encourages the use and incorporation of mediation in court systems to more effectively manage family conflicts such as divorce and juvenile matters, where sexual abuse is often alleged.     

OUT-OF-COURT STATEMENTS BY VICTIMS OF CHILD SEXUAL ABUSE TO MULTIDISCIPLINARY TEAMS: A CONFRONTATION CLAUSE ANALYSIS

Acknowledging the rapid growth of child sexual abuse in the United States, this Note advocates for the recognition of a limited exception to the blanket-hearsay ban on out-of-court statements made by unavailable declarants set out by the Supreme Court in Crawford v. Washington . In order to protect a criminal defendant's Sixth Amendment confrontation right, Crawford requires that hearsay evidence that is "testimonial" in nature be deemed inadmissible if the witness is unavailable and the defendant does not have a prior opportunity to cross-examine the witness against him. However, Crawford noted that, where nontestimonial hearsay is at issue, cross-examination may not be necessary. Accordingly, where a child sexual abuse victim makes statements during a structured or semi-structured forensic interview to a member of a multidisciplinary team, these statements should be deemed nontestimonial and thus admitted into evidence, without requiring cross-examination of the child. Allowing for this exception to the general hearsay ban in Crawford is not only consistent with current precedent, but it is also warranted to promote public policy and to curb the negative impact such abuse has on society.     

ALLEGATIONS AND SUBSTANTIATIONS OF ABUSE IN CUSTODY‐DISPUTING FAMILIES1

In this study of 120 divorced families referred for child custody evaluations and custody counseling, multiple allegations of child abuse, neglect, and family violence were raised in the majority of cases. About half of the alleged abuse was substantiated in some way with one fourth involving abuse perpetrated by both parents. Different kinds of allegations were raised against mothers compared with fathers. Implications of these findings for social policy, family court interventions, and the provision of coordinated services within the community are discussed.     

MEASURING PROGRESS IN IMPROVING COURT PROCESSING OF CHILD ABUSE AND NEGLECT CASES

With all of the changes in federal law relating to child maltreatment, foster care, and adoption, courts have become active partners with child welfare agencies in assuring safety and permanency for children. Outcome measures are needed to track achievement of the distinct goals of courts and those goals they share with child welfare agencies. This article presents a set of measures that focuses on the court contribution to desirable outcomes for children and families. These measures have undergone extensive development, review, and field testing by representatives from several national organizations interested in court reform and child welfare, but they still require more discussion and refinement. Indeed, outcome measures are an essential component of a process of continuing improvement, which means they need to be reviewed periodically to ensure they are valid, reliable, and not redundant.     

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.     

受虐待儿童眼底病理变化研究进展

受虐待儿童眼底病理变化研究进展刘鑫，胡红（北京市高级人民法院；北京１０００３９）ＤＥＶＥＬＯＰＭＥＮＴＯＦＲＥＳＥＡＲＣＨＯＮＦＵＮＤＵＳＰＡＴＨＯＬＯＧＩＣＣＨＡＮＧＥＳＩＮＣＨＩＬＤＡＢＵＳＥ（ＲＥＶＩＥＷ）￥ＬｉｕＸｉｎ；ＨｕＨｏｎｇ（Ｄｐｅａ...     

AN EVALUATION OF CHILD PROTECTION MEDIATION IN FIVE CALIFORNIA COURTS

This article presents the results of an evaluation of five California counties utilizing court-based mediation services to process child maltreatment cases filed with the court. The programs employed a variety of different service delivery approaches and targeted cases at a variety of different stages of case processing. The results indicate that mediation is an effective method of resolving cases and may offer a number of benefits over adjudication, including more detailed treatment plans and fewer contested court hearings.