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.     

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 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.     

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.     

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.     

Secondary Victimizations in Missing Child Events

This paper examines the incidence and nature of secondary victimizations (attempted and completed physical assault, sexual assault, and robbery) in a population of missing children (nonfamily abducted, family abducted, runaway/thrownaway, general/benign missing). Using data from the NISMART-2 studies, the following questions are addressed: How much secondary criminal victimization of children occurs in the context of missing children events, and what is the nature of this victimization? Are some categories/ types of missing children event more likely to result in secondary victimization than others? Is the risk for secondary victimization greater for some missing children than others (e.g., are age or race factors)? Are the outcomes of missing child events which include secondary victimizations different in significant ways from those which do not (more likely to be associated with harm for children or more likely to involve public resources like law enforcement)?     

Comparison of Parent and Child Reports on Child Maltreatment in a Representative Household Sample in Hong Kong

This study investigated and compared the rates of child maltreatment as reported by parents and children. Self-reports of 1,093 children aged 12 to 18, which were matched with both parents’ records, were compared and analyzed in the study. The levels of agreement between parent and child reporting of various kinds of parental child maltreatment were low to moderate. Factors affecting the disagreement in reports were also investigated. Social desirability and violence approval were the common predictors of disagreement in father-child and mother-child reports, respectively. The low agreement between parent–child reports found in the present study highlights the need for the inclusion of both parent and child reports on maltreatment in future clinical screening and intervention programs.     

Automatic Encoding of Ambiguous Child Behavior in High and Low Risk for Child Physical Abuse Parents

Recent theory and research suggest that physically abusive parenting behavior might be understood as originating from: 1) greater accessibility of hostile/negative schema, and/or 2) lower accessibility of benign/positive schema. This study examined whether parents at high and low risk for child physical abuse (CPA) differed in the extent to which they spontaneously encoded ambiguous caregiving contexts in negative versus positive terms. Twenty-five high and forty-one low risk for CPA parents were asked to memorize a set of sentences that described ambiguous caregiving situations. After a brief delay, participants were asked to recall the sentences. During recall, cues were given (e.g., negative and positive words) to facilitate recall. According to the cued-recall paradigm, to the extent that recall was facilitated by negative/positive cues, it was inferred that negative/positive meaning was activated when the ambiguous sentences were encoded. Although all parents tended to recall more information in response to negative relative to positive cues, the influence of cue type on recall was greater for high CPA risk parents. That is, high, compared to low, CPA risk parents obtained significantly higher recall difference scores (M = 4.6 versus M = 2.3); with higher recall difference scores indicating greater recall in response to negative relative to positive cues. Present findings are consistent with the proposition that high and low CPA risk parents differ in how they spontaneously encode information in ambiguous caregiving contexts.     

The Organization of Child Representation Services in Child Welfare Cases: A Study of Washington State

To date no empirical studies have analyzed delivery of legal services to children and considered the implications of organizational structure for child representation practice. This study of 126 attorneys in Washington State compares children's lawyers working in solo practice, private law firms, and specialty staff attorney offices. The manner in which child representation is organized has lessons for the recruitment, training, and support of such lawyers. Staff attorney offices offer a number of advantages but rural areas with fewer cases may not be able to support such offices and the attorneys in specialty offices were less experienced and report lower incomes.     

Child Suicide in the North of Portugal

Suicide in children is a rare finding and is probably motivated by acts of impulsiveness. This study aims to contribute to the characterization of child suicide in a forensic perspective in the Portuguese population. Data of forensic autopsies from 2004 to 2012 related to suicide victims under 18 years were reviewed. A total of 17 cases, with a male predominance (64.7%) and a mean age of 15.24 ± 1.348 for both genders, were registered. The leading suicide method was hanging (35.3%), and a suicide note was found in 41.2%. Psychological autopsy proved to be useful in promoting a better understanding of these incidents and their antecedents. This study also offers useful information, namely the implied risk factors, for future programs of suicide research and prevention.