Transfers of mentally disordered adolescents from custodial settings to psychiatric hospital in England and Wales 2004–2014

This article has used data provided by the Ministry of Justice to track changes in the number of adolescents under the age of 18 transferred from secure custodial institutions, who have required transfer to psychiatric hospital using Section 47 and Section 48 of the Mental Health Act. During the period 2004–2014 there were large reductions in the population of young people detained in custody in England and Wales. The number of young people requiring hospital transfer fell during this period but to a much lesser degree. The possible reasons for this are discussed and include the increased complexity of young people in custody and the increased availability of secure psychiatric beds.     

Recidivism Among Young Males Sentenced to Prison and Youth Custody

In 1999, Sweden introduced a new Act focused on young persons aged 15–17 who commit serious offences. The object of the Act was to replace prison sentences with a new sanction in the form of youth custody, which would involve a placement in a special approved home. This study constitutes a follow-up comparison of criminal recidivism among young males sentenced to prison prior to the introduction of the Youth Custody Act (1991–1998) and young males sentenced to youth custody following the introduction of the Act (1999–2003). The study shows that the sanction has not only been used as a replacement for prison sentences, but has also led to an expansion in custodial sentencing in the form of ‘net-widening’. There has also been a substantial increase in the length of custodial sentences awarded in connection with the new sanction. A comparison with the youth sanction in Denmark raises questions about the consequences of having expanded the group of youths sentenced to a custodial sanction in Sweden, and of the increased length of the custodial sentences to which this group is subjected.     

‘Vulnerable by law (but not by nature)’: examining perceptions of youth and childhood ‘vulnerability’ in the context of police custody

This paper, drawing upon qualitative data produced through interviews with custody officers (COs) at two custody suites in England, examines how the vulnerability of children and young people is conceptualised generally, within the criminal process, and then, more specifically, in police custody. It uses the appropriate adult (AA) safeguard under Code C to the Police and Criminal Evidence Act 1984 as the point of reference and explores, firstly, how childhood is conceptualised and, secondly, how childhood vulnerability is understood by COs. The responses of COs are perhaps indicative of a wider issue within the criminal process – the construction of youth and childhood and, accordingly, the criminal law response to children and young people. Within this paper, whilst it is accepted that childhood and vulnerability are non-static concepts, it is nevertheless contended that children and young people are vulnerable, particularly when facing the criminal process.     

Removing the barriers; adolescent coping and attitudes towards mental health services in custodial settings – Can we improve services?

Young people in custodial care are known to have high levels of mental health and emotional problems, and recent policy and service developments have sought to improve their access to services. However, little is known about how they cope or about what would increase their uptake of services (when such services are available). This study aimed to develop, validate and use a standardised measure to examine the coping, help-seeking and attitudes of a larger cohort of young people in custody. There was a marked reluctance to seek help for any but the most serious of problems, but there were also indicators of what would make services more acceptable to this population, with implications for both commissioning and delivering services. In particular, greater involvement of parents and carers, offering a wider range of interventions and offering them more flexibly, and challenging stigma within the secure environment may increase uptake of services.     

Reconceptualising the Custody Threshold in England and Wales

The custody threshold provision in England and Wales was intended to operate as a limit on the use of custodial sentences, preserving what is the system’s most severe sanction for the most serious offences. However over the past few decades it has become apparent that the custody threshold is failing. Academics have discussed the reasons for this failure, which has seen the prison population double in space of a quarter of a century. This piece explores the custody threshold in the context of the use of custody in other Western European jurisdictions. It examines the courts’ response to the provision and various judicial attempts to amplify Parliament’s language. The authors then consider the academic critiques of the custody threshold provision, analysing the extent to which said criticism can be seen as a solution to the problem, before offering a new critique of their own. Finally, in a move towards more a more principled approach to the custody threshold, the piece offers a solution which would, it is argued, make the provision more effective and more theoretically sound.     

Transferring custody from birth parents to foster parents – an ambiguous matter

In this study, we analyse 32 district court decisions regarding custody transfers from the birth parents to the foster parents in Sweden. When a child has been in foster care for three years, in order to enhance stability for child, the local social welfare committee considers a transferral of custody to the foster parents following an application to the district court. Although all but one of the decisions in our study favoured a custody transfer, the courts acknowledge different reasons for this. Specifically, there is vagueness about whether or not functioning contact between the child and birth parents is a hindrance in custody transfer. Our findings stress the need for clarification in the law regarding the criteria for custody transfer in order to reach a more unified judgment. Furthermore, the district courts do not sufficiently acknowledge children’s views, and we suggest that children and young people should be made more visible in the decision-making process.     

Child Abuse,Neglect, and Dependency Mediation Pilot Project

The Adoption and Safe Families Act of 1997 (ASFA) established a goal of one year from removal to permanence for all children taken into protective custody. When the Family Court of Mecklenburg County (Charlotte), N.C., opened its doors in 1999, more than half of the children in the protective custody of the Department of Social Services had been in custody for 12 months or more. Innovative approaches were needed to provide children in Mecklenburg County with a safe and permanent home in a more timely manner. The Child Abuse, Neglect, and Dependency Mediation Pilot Project was one approach selected by the Mecklenburg County Family Court to help achieve ASFA's goal of one year to permanence. This article details the court's two‐year journey to make dependency mediation a reality.     

Mothers Offending Against Their Role

ABSTRACT

Inmate mothers are not only seen to offend against society, but also against their role as mothers. They bear often public and private scorn for the dislocation their incarceration brings to their children and families. This paper reports on the Australian component of an international comparative policy study, Incarcerated mothers and children: Impact of prison environments(IM-CIPE). This study investigated the impact of the prison environment or institutional ecology on incarcerated mothers and their young children, aged birth to eight years (that is, mothers whose children live with them in custody and mothers who are separated from their children), in Queensland, New South Wales, Victoria and England. This paper draws on data from policy analyses; interviews with policy-makers, with inmate mothers, and with custodial and noncustodial staff; and observations within six women's prisons and their respective correctional authorities in the three Australian states. This paper argues for policies which support the inmate as mother and which support her children and their caregivers on the outside.     

All hat and no cattle: How house bill 2926 paves the way for progress in the reinstatement of parental rights,but falls short of providing parents with an accessible resource

Texas' foster care system is overpopulated, underfunded, and doing a grave disservice to the children in its care. Specifically, the foster care system is violating the constitutional rights of children regarding how they must be taken care of while in the State's custody. Parents whose custodial rights were involuntarily terminated now have a clear path for petitioning to regain their rights thanks to Texas House Bill 2926. Much of House Bill 2926's value is lost in the legalese used to write it, which is the problem my proposed solution, The 2926 Project, aims to remedy.     

Impact of the Young Offenders Act on Dispositions in the Juvenile Justice System of Canada

Following implementation of the Young Offenders Act (YOA) in April 1984, it was believed that a shift had occurred from an emphasis on rehabilitation and indeterminate sentences under the Juvenile Delinquents Act (JDA) to an emphasis on punishment and determinate sentences under the new legislation, and a subsequent increase in frequency and length of custodial dispositions. Research studies suggest that, while the number of youths charged and the number sentenced to probation has remained the same, committals to custody and average length of detention have increased. Furthermore, victim reconciliation and community service orders are being used more often as dispositions under the YOA, consistent with the principle of accountability of young offenders.

The present study attempts to determine the impact of the YOA on judicial dispositions for 13 to 15 year old young offenders at the Provincial Court (Family Division), Frontenac County, by attempting to control for the nature of the cases and the type of individual brought before the courts. The hypothesis examined is that the YOA has not caused a change in youth court dispositions.

Differences were, in fact, found between dispositions used and it was shown by matching youths under each Act on age, sex, offence, and previous history, that similar youths do not necessarily receive the same dispositions; the probability of receiving a more severe form of disposition is greater for youths under the YOA than for youths with similar background characteristics and current offence under the JDA. Individuals who are given a particular disposition under the JDA and the YOA were also found to differ in terms of background characteristics. A number of reasons for the discovery of a change in dispositions are discussed.     

Custodial Relationships Of Grandparents Raising Grandchildren:Results of a home-based intervention study

The phenomenon of grandparents raising grandchildren has increased significantly over the past two decades. The literature documents that health, financial, and legal worries top the list of concerns for grandparents who raise grandchildren. The authors describe the results of a multidisciplinary study that provides home visitation with social, nursing, legal, and educational support to grandparents raising grandchildren in parent absent households. This article examines the custodial relationships of one hundred and sixty-three children being raised in sixty-eight families headed by grandparents in an urban population in the South. The data showed that of the 163 children, 70 were in the guardianship of their grandparents, 40 of the children had no legal relationship with their grandparents, 28 were in the custody of the State Department of Family and Children's Services, 21 were in the temporary custody of their grandparents, and four were adopted by their grandparents. Recommendations from this study include educating service providers and grandparents raising grandchildren regarding the potential financial benefits under Title IVE adoption assistance and supporting legislative reform to increase the stability of intergenerational kinship care. This project demonstrates an innovative approach of combining university-based research with multidisciplinary education while providing cost-effective support services through a partnership with the community.     

DIVORCING FAMILIES WITH YOUNG CHILDREN IN THE COURT'S FAMILY SERVICES UNIT Profiles and Impact of Services

Little is known about the families being served by court support services, or the effectiveness of the services provided. This study investigates 137 higher conflict, divorcing families with young children, who received services from the Family Services division. The study utilizes questionnaire data filled out by family services clinicians. The families presented with multiple mental health needs, including allegations of substance use and physical, emotional and sexual abuses of spouses and, to a lesser extent, children. Results detailed evaluation outcomes pertaining to joint legal and physical custody, showing an increase in joint legal custody, with little difference in physical custody arrangements. Evaluators did encourage less parental dropout. The data also profiled parents least likely to attend mandatory parenting education, accept evaluators' recommendations, and settle their case with mediation assistance. Identifying these families early can help family services clinicians track families into individualized service plans as needed.     

MEDIATION AND PARENTAL ALIENATION SYNDROME

Parental alienation syndrome (PAS), a term that originated in the mid-1980s, refers to a disturbance in which children are preoccupied with viewing one parent as all good and the other parent as all bad. Conscious or unconscious words and actions of custodial parents cause the child(ren) to align with them in rejection of noncustodial parents during divorce or custody disputes. Issues of concern for mediators include detection of PAS and an understanding of appropriate remedial plans that will allow the child to restore his or her relationship with the noncustodial parent .     

The criminal underworld of Medieval England

Abstract

In contrast to views put forward by Marjorie Blatcher, it is argued here that the impact of Bills of Custody on business in the court of King's Bench in the late fifteenth century can only be judged if all custodial bills are counted and only if special attention is given to those bills dealing with matters which would otherwise have been outside the court's normal jurisdiction. It is shown that the increase in the numbers of such cases is too modest to support Blatcher's claims of a massive increase in business since the 1450s, that the extension of the notion ‘in custody’ to people on bail did not happen in 1452, as she stated, but 20 years earlier, that it was extended to people on mainprise as well, at least for some time, and finally that fictitious Bills of Middlesex and writs latitat were not as important in connection with custodial bills as Blatcher thought.     

New guidance/old problems: recent developments in sex education

Sex education is a controversial area of public policy and over the last 20 years it has also been highly politicized. The election of the Labour government in 1997 raised the hopes of children's rights and health campaigners for a move away from the traditional moralistic approach adopted by the previous administration in favour of a more progressive and pragmatic approach. To date the government has attempted, unsuccessfully, to repeal Section 28 of the Local Government Act 1988, has amended the statutory framework for sex education in the Learning and Skills Act 2000 and in July 2000 issued new guidance on sex and relationship education. This article examines how these recent developments attempt to reconcile parental and local control with the need for a more uniform provision and how they attempt to pragmatically acknowledge the sexual activity of young people and at the same time deny young people autonomy and uphold the norm of children as ideally non-sexual.     

INTERNATIONAL PARENTAL CHILD ABDUCTION: WHY WE NEED TO EXPAND CUSTODY RIGHTS PROTECTED UNDER THE CHILD ABDUCTION CONVENTION

The Child Abduction Convention, an international treaty, protects custody rights internationally among its member states by providing a remedy of return in cases where a child was wrongfully removed in violation of a parent's custody right. There is no such remedy for the violation of a parent's access (or visitation) rights. A ne exeat clause in a child custody agreement restrains a custodial parent from removing a child from a predetermined jurisdiction (such as a particular country) and can be issued when there is a risk that the custodial parent might flee to another country with the child(ren). Currently there is a circuit split within the United States as to whether a ne exeat right coupled with the right of access should equal a protected custody right under the Convention. Most international courts protect the ne exeat right under the Convention; however some do not. A ne exeat right should convey a protected custody right for policy reasons. The beneficial implications of a ne exeat right creating a protected custody right under the Child Abduction Convention clearly outweigh the detriments. While there is no instant solution to the inconsistencies among various courts in interpreting the Child Abduction Conventions’ scope in regard to a ne exeat right, there are ways to resolve the problem. If consistency in judicial interpretation cannot be achieved, a movement needs to be initiated to create a protocol to the Child Abduction Convention to further explain the scope of custody rights and ne exeat rights under the Convention.     

Moral disengagement: relation to delinquency and independence from indices of social dysfunction

This article explores the relations of moral disengagement with several legal, institutional, and demographic characteristics of young offenders held in custody. The sample consisted of 152 randomly selected male young offenders from the largest young offenders' institution in Scotland. The age of the sample ranged from 16 to 21 (M = 18.9, SD =1.3). The respondents took part in a structured interview asking about several sociodemographic characteristics, and they completed the Moral Disengagement Scale. The sample in the study scored significantly higher on moral disengagement in comparison to a community sample. Higher moral disengagement was related to the offenders' families receiving help from a social worker; the expectation of an unstable living situation after custody; drug use before custody; and intention of drug use after custody. However, the lack of relation of moral disengagement to most of the social, family, school, employment, legal, and lifestyle characteristics of the sample suggests that moral disengagement is an independent variable exerting an influence on juvenile delinquent behavior over and above the social characteristics of juvenile delinquents.     

Interdiction and Indoctrination: The Counter‐Terrorism and Security Act 2015

Lying behind the recent Counter‐Terrorism and Security Act 2015 is the phenomenon of foreign terrorist fighters which has sparked international and national attention. The 2015 Act deals with many facets of counter terrorism legislation, but its two principal measures are singled out for analysis and critique in this paper. Thus, Part I of the Act seeks to interdict foreign terrorist fighters by preventing suspects from travelling and dealing decisively with those already in the UK who pose a risk. Part V of the Act implements the second, broader aspect, of legislative policy, reflecting the UN emphasis on ‘Countering Violent Extremism’, through the statutory elaboration and enforcement of the ‘Prevent’ element of the long‐established Countering International Terrorism strategy, which aims to stop people becoming terrorists or supporting violent extremism. These measures are explained in their policy contexts and set against criteria of effectiveness, personal freedom, and accountability.     

Alternatives to Custody for High-Risk Young Offenders: The Multisystemic Therapy Approach

This article describes the implementation of randomised trials in Ontario, Canada, of a community-based, therapeutic intervention for youths who would be candidates for custodial sentences because of the severity or persistence of their criminal behaviour. Many recognise the need to reduce custody stays but the realisation of that goal requires the creation of community-based programs which judges believe will not put the public at risk. Reviews of the empirical literature indicated that Multisystemic Therapy could be a cost-effective, individualised, community-based alternative to custody that reduces long and short-term recidivism of high-risk youths.