Zero to Three: Critical Issues for the Juvenile and Family Court

Infants are the fastest growing population in foster care. Without intervention they are at great risk of poor developmental outcomes. Juvenile and family courts have a unique opportunity to make a positive difference in the lives of the babies in their care. This article outlines six critical issues that impact the development of very young children in the child welfare system and recommends strategies that juvenile and family courts can use to address the needs of this most vulnerable population.     

Homicide and serious sexual offences committed by children and young people: Findings from the literature and a serious case review

This article is based on the findings from a Part 8 Case Review (Serious Case Review) conducted by The Bridge Child Care Development Service, and the subsequent overview report entitled ‘Childhood Lost: A Part 8 Case Review Overview Report DM’ (2001). The review concerns the case of a young male aged 18 (DM) who was convicted for the rape and murder of a child aged 11 (WN). The article highlights the key themes that have emerged from the case review. These include the complex issue of predicting and managing risk; effective inter-agency collaboration in reducing the risk of serious sexual and violent offending in young people; and the provision of specialist residential treatment facilities for serious juvenile sexual offenders. The key issues are located within the broader context of contemporary literature and research. It is established that children and young people who commit homicide and other very serious offences are highly likely to have experienced multiple and severe traumatic events during childhood. In addition without appropriate intervention, children with persistent risk characteristics have a high likelihood of committing further acts of aggression and violence. The review into the case of DM recommends that there should be a national strategy for the management and treatment of serious juvenile sexual offenders, and other young offenders at significant risk of serious and violent offending.     

PARENTING AND CRIME: AN EVIDENCE‐BASED REVIEW WITH IMPLICATIONS FOR THE NEW ZEALAND FAMILY AND YOUTH COURT

This article explores the effect parenting can have on child development. It considers child attachment theory, various parenting styles, and specific child and family factors that contribute to a child's social and emotional development. The article concludes that good parenting and good outcomes for children do not happen by chance. The foundation must be planned and made secure.     

Questions Every Judge and Lawyer Should Ask About Infants and Toddlers in the Child Welfare System

We need to change the culture in our courts. Instead of ignoring the special needs of babies and toddlers, we need to recognize that abused and neglected children are at risk for developing negative sequelae as a result of their maltreatment. The science of early development is unequivocal that early intervention can be effective. The following questions were developed as a guide for lawyers, judges, and child advocates in the child welfare system as a first step toward advocacy and intervention for young children. Armed with the questions, the scientific reasons they need to be asked, and the research that provides support, we recommend that these questions be used as a tool and be asked over and over until the needs of maltreated infants and babies are addressed. It is our legal obligation under the Adoption and Safe Families Act of 1997, and it is our moral responsibility to these young children.     

儿童权利的文化解释

In China, the protection of juvenile rights has historically been a secondary consideration, which is often relegated to the status of “goal for the future”. However, the value of juvenile rights and their protection lie not only in the morality of child protection, but also in the role that juvenile rights can play in the development of human rights as a whole. Publicity given to juvenile rights reminds us of the “adult society” standing in complementary opposition to the “juvenile society” that juvenile rights refer to. It is adult society to deal with juvenile rights, so any errors of understanding or failures of equality can lead to children being deprived of the rights. The rational underpinnings of juvenile rights are the weapons with which we can counter the influence of traditional, conservative thinking. These arguments will allow children to assume their rightful role as an independent group whose rights are academically and practically accepted and protected.     

Troubled Children and Children in Trouble: Redefining the Role of the Juvenile Court in the Lives of Children

This Essay considers the emerging research in the area of dual‐jurisdiction children, often referred to as “crossover kids”—those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to “track” children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court—a return to its roots—to better enable a court to consider the needs of the whole child, in context with the needs of her/his family.     

The Impact of Model Court Reform in Arizona on the Processing of Child Abuse and Neglect Cases

Arizona juvenile courts have taken a series of steps over the past five years to improve the quality and timeliness of court proceedings in child abuse and neglect matters. These efforts encompass both procedural reforms to front‐load the early hearing process as well as reforms that require a clearly demarcated permanency hearing and permanency determination process. A comparative analysis of the impact of these changes in four selected counties reveals that child abuse and neglect cases are handled in a more timely manner; that children are spending considerably less time in out‐of‐home placements; that courts are becoming more specific in the orders generated at dependency hearings (particularly initial hearings); and that the State and federal governments have realized sizeable savings in placement costs.     

Child health policy in the U.S.: the paradox of consensus

The U.S. spends more of its total GNP on health services than any other nation, yet it has one of the highest infant mortality rates in the industrialized world. Young American children are immunized at rates that are one-half those of Western Europe, Canada, and Israel. In the mid-1980s, a consensus among policymakers on the need for federal action to improve child health services resulted in the expansion of Medicaid eligibility for pregnant women and young children and the separation of Medicaid eligibility from eligibility for AFDC. The current phase of child health policymaking includes discussion of much broader proposals for changes in health care financing and innovation in health care delivery. This examination of child health policy begins by reviewing the politics of maternal and child health services from the early twentieth century to the Reagan administration, including the role of feminist movements, the development of pediatrics, and the expansion of federal involvement during the 1960s. Next, the politics of Medicaid expansion as a strategy for addressing child health issues are discussed. Current critiques of child health services in the U.S. are examined, along with proposals to restructure health care financing and delivery. Central to the politics of child health policy during the 1980s and into the 1990s is the way in which child health has been defined. Infant mortality and childhood illness are presented as preventable problems. Investment in young children is discussed as a prudent as well as a compassionate policy, one which will reduce future health care costs and enhance our position in the international economy. Unlike other "disadvantaged groups," children are universally viewed as innocent and deserving of societal support. Framing child health issues in these terms helped to produce consensus on the expansion of Medicaid eligibility. Yet the issues beyond the expansion of Medicaid eligibility involve the restructuring of health care financing and delivery, and, on these issues, conflict is far more likely than consensus.     

Children of Alcoholism: Implications For Juvenile Justice

Alcoholism and drug addiction affects the entire family. At least 22 million Americans have been raised in an alcoholic environment. Parental alcoholism and/or addiction can have profound emotional and psychological scars on the children. These homes are often characterized by emotional and or physical insecurity, loneliness, terror and inconsistency. The children from these homes often are extremely insecure have low self-esteem, and have a variety of emotional problems. Adolescents from addictive homes are over-represented in juvenile court as status offenders, delinquents and abuse and neglect cases. This article will discuss this issue and implications for the juvenile justice system and personnel working with these youth     

Treating offending children: What works?

Purpose. There is little evidence on the effectiveness of interventions with offending children and juveniles, either in Europe or North America. We present the evaluation findings of an innovative intervention and relate these to the existing evidence base for young offenders and to the more extensive literature on older offenders. Methods. Using an established risk predictor, The Level of Service Inventory–Revised (LSI‐R; Andrews & Bonta, 1995 ), we measured the criminogenic risks and needs of the intervention group and a non‐intervention group of child and juvenile offenders at 6‐monthly intervals. Local police charges data were also collected for both groups as an indicator of offending behaviour. Results. Over the first 30 months of the project, a statistically significant drop was seen in the LSI‐R scores of the project participants, with favourable effect sizes. Effect sizes improved markedly with longer‐term intervention. There were also strong indications that the level of offending behaviour had decreased during the intervention. The comparison group showed no change in risks, needs or offending rate. Conclusions. We suggest this study provides an important contribution to the evidence base of what works with child and juvenile offenders and we suggest that an increased focus on understanding effective intervention with very young offenders is required.     

The Kids are Alright: Making a Case for Abolition of the Juvenile Justice System

When considering abolition of the criminal justice system, there is no greater or more impactful relevance than for juveniles that find themselves inextricably linked to the juvenile justice system. From its inception, the philosophical foundation of juvenile care was to provide individualized, compassionate assistance to young men and women perceived to be in need of emotional care and/or social control. With the establishment of the Cook County Juvenile Court in 1899, the American juvenile justice system has endured a 118-year odyssey that has produced progressively rational, largely unsympathetic, and increasingly punitive practices. With happenings such as the ‘school-to-prison pipeline’, ‘juvenile life without the possibility of parole’, ‘teen courts’, and ‘deferred prosecution probation’, current juveniles that make unassuming mistakes and errors in judgment are adjoined to a system that sustains and reinforces itself through these mistakes and errors. The charge of this article is to recommend the abolition of the contemporary juvenile justice system, with safeguards for the protection from serious offenders and a return to the compassionate care that is warranted for the majority of juveniles that currently bolster the system.     

WHEN THE COST IS TOO GREAT: THE EMOTIONAL AND PSYCHOLOGICAL IMPACT ON CHILDREN OF INCARCERATING THEIR PARENTS FOR DRUG OFFENCES1

The advent of the modern “war on drugs” and its accompanying “lock 'em up and throw away the key” crime policies largely explain the evolution of mass incarceration in the U.S. and account for much of the emotional and psychological pain caused to children who have lost their parents to long prison sentences. It is by reducing reliance on incarceration to tackle the “drug problem” in the United States that there will be a positive impact on reducing the number of parents being separated from their children for inordinate amounts of time, thereby potentially reducing the negative emotional and psychological impact on children. Aiding parents combat their addiction outside of prison walls is perhaps to most sensible criminal justice policy in addressing the needs of children who are caught in the cross‐fire of the war on drugs. In the meantime, as policy makers review, assess, and, eventually, reform draconian drug laws and sentencing policies, it is imperative that front‐line service providers who work with children and family and juvenile court judges be mindful of the emotional and psychological impact that parental incarceration has on youth. A more in‐depth understanding of the complexities of these young people's life experiences will hopefully enable the development of appropriate support services.     

社会转型期青少年犯罪防控机制对策研究简

转型期的中国各种社会矛盾十分突出,刑事犯罪呈动态化和复杂化态势,其中新生代农民犯罪问题备受社会关注.闲散青少年群体、有不良行为或严重不良行为的青少年群体、流浪乞讨青少年群体、服刑在教人员的未成年子女群体、农村留守儿童群体被列为五类重点青少年群体,如何促使其市民化是防控青少年犯罪的关键点.本文拟就青少年犯罪尤其是“新生代农民”违法犯罪问题进行社会归因研究,结合犯罪心理学、社会学、治安管理学等理论,就防控青少年犯罪以及如何促使其顺利完成城市社会化等问题进行探讨.     

A Judicial‐Mental Health Partnership to Heal Young Children in Juvenile Court

In this article, we describe the background and issues to be addressed related to dependent children in juvenile court. In an important effort to systematically examine developmental functioning and treatment needs in maltreated and violence‐exposed young children, the Prevention and Evaluation of Early Neglect and Trauma (PREVENT) initiative of the Dependency Court Intervention Program for Family Violence, a national demonstration project in the Miami‐Dade Juvenile Court, developed a program to evaluate all infants, toddlers, and preschoolers who are adjudicated dependent by the court. The goal of the intervention is to raise awareness of the needs of infants and toddlers in juvenile court and to work toward healing the child. The PREVENT program involved the evolution of a judicial‐mental health partnership designed to assist the court in making more informed decisions about the best interest of the child by adding scientific knowledge about development, prevention, intervention, evaluation, and treatment. The outcome of the partnership and multidisciplinary approach is illustrated through presenting a case vignette of a mother and baby showing the challenges and strengths of intervention. Finally, we consider overall outcomes of the intervention and directions for the future.     

Parenting Stress,Parenting Behavior,and Children’s Adjustment in Families Experiencing Intimate Partner Violence

Children exposed to intimate partner violence are known to experience a number of negative outcomes, including behavioral and emotional problems; however, possible mechanisms accounting for this relationship are unclear. There is considerable evidence that parenting stress has a direct effect on child adjustment problems and on parenting behaviors; parenting behaviors, in turn, have been repeatedly shown to be related to child outcomes. The hypothesis that parenting mediates the relationship between parenting stress and child behavioral and emotional problems according to Abidin’s (Journal of Clinical Child Psychology, 21:407–412, 1992) model was tested in a sample of 190 battered women and their 4-to12-year-old children. No support for mediation was found for either mother- or child-reported outcomes. Parenting stress had a strong direct effect on child behavioral and emotional problems. These findings have implications for the viability of Abidin’s model, as well as for interventions with battered women that address parenting stress. The authors would like to thank the women, children, and staff at the shelters for battered women who participated in this study.     

Family Variables that Mediate the Relation Between Intimate Partner Violence (IPV) and Child Adjustment

This study examined the mediating roles of several family variables in the relation between IPV witnessing and children’s emotional and behavioral problems among 129 low-income, African American children ages 8 to 12. According to the mediational model tested, experiencing or witnessing IPV negatively impacted the following family variables: maternal psychopathology, family cohesion, and relatedness quality, which were subsequently associated with diminished child adjustment. These findings were stronger when child reports were considered and when the outcome variable was internalizing problems. Findings from this study support the value of targeting these variables in the development of culturally appropriate child witness interventions for low-income African American families. Recommendations for future interventions based on study conclusions are offered.     

Patient warnings in court-ordered evaluations of children and families

The rules covering disclosure of information generated by court-ordered clinical evaluations in Massachusetts require that patients be warned that the patient-psychotherapist privilege does not apply to the evaluation interview. The nature of the warning required ("the Lamb warning") is not perfectly clear and is especially uncertain when those being warned are children and families. Comparing the Lamb warning to the Miranda warning offers some insight but is not conclusive. To reach conclusions regarding the type and degree of procedural protections for children required by the Lamb warning, it is necessary to analyze the stakes, interests, and capacities involved for children in juvenile court. This analysis suggests that in most situations a relatively informal procedure is sufficient to provide the required warning. However, there are some exceptional circumstances in which more formal and thorough warnings should be required. These include juvenile transfer hearings and some situations involving child abuse and neglect.     

Trauma,Psychiatric, Substance Use,and Thought Disorders Among Youth in the Juvenile Justice System and How to Deal with Them

The personal stories that youth in juvenile facilities report to their counselors are heartbreaking because they are filled with accounts of excessive trauma resulting from neglect, physical, sexual, and emotional violence perpetrated on these children. Perry found that trauma develops from severe neglect, abuse, and living in terrorizing environments. Trauma changes the neural processing ability within the child's developing brain which can lead to hypervigilance and dysfunctional behavior. ¹ Widom found that children who had been abused or neglected as children have 30% higher arrests as a juvenile and as an adult for a violent offense. ²      

Characteristics of young children exposed to violence: the safe start demonstration project

The Safe Start demonstration projects, funded by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) under the first phase of the Safe Start initiative, are primarily designed to influence change at the systems or macrolevels to reduce the incidence of and impact of exposure to violence for children aged birth to 6 years; direct services are also provided to young children and their families who were exposed to violence. The data presented in this article come from 10 communities that submitted data regarding the characteristics of young children exposed to violence to OJJDP. These data represent families who are typically not represented in the databases of state child protective services programs but instead have been identified by domestic violence advocates, early care and education providers, family members, court personnel, police, and other social service personnel as families with young children in need of intervention due to violence exposure.The purpose of this article is to describe the characteristics of young children and their parents who seek help for psychosocial problems related to exposure to family and community violence. Results indicate that one quarter of the children and nearly half of their parents evidenced clinical levels of stress, suggesting the need to intervene at the family level as well as at the individual level when working with young children exposed to violence. The information presented, including the extent of exposure to violence, the multiple types of violence to which children are exposed, the impact of this exposure on young children and their families, and the multiple ways in which families exposed to violence come to the attention of service providers is useful for policy makers and service providers who are interested in breaking the cycle of violence by meeting the needs of the children exposed to violence and their families.     

NEVER PAINT BY THE NUMBERS

As the debate continues on ways of thinking about access between separated and never-married parents and their very young children, the authors suggest a way that child custody evaluators can integrate this discussion into their evaluations. They conclude that evaluators must pay attention to family dynamics and all of the research when making specific recommendations to parents and the courts regarding the access and residential arrangements of very young children.