STATE CHILD EMOTIONAL ABUSE LAWS: THEIR FAILURE TO PROTECT CHILDREN WITH GENDER IDENTITY DISORDER

Emotional abuse of children with Gender Identity Disorder by parents is very difficult to identify and prevent. State investigators of abuse and neglect often have a hard time determining if the reasons for mental illness and psychological harm in children are due to the actions of their parents, or if they stem from other sources. Once identified, it becomes even harder to prove in court for purposes of ordering services or removing the child from the home if the abuse is severe enough. With children who are gender non‐conforming, this task becomes exponentially more difficult due to the low prevalence rate, discrimination, stereotypes, and a parent's right to bring up their child as they choose. These youth face discrimination and violence in school, work, their communities, and also within their own families. Emotional abuse statutes are too vague to protect youth who are gender non‐conforming. The vague and unclear laws lead to inconsistency in the application of the law and lack of protection of the children because judges and investigators are not aware of how parent's actions harms youth with gender identity disorder. Therefore, states should adopt the model statute within this Note which defines specific actions by parents which would not qualify as abuse when involving gender conforming youth but qualifies as abuse for children with gender identity disorder. Many states already have statutes which define physical abuse, sexual abuse and abandonment by specific actions by parents towards their children. This proposal will enable both the state and the judges to properly identify victims with gender identity disorder of emotional abuse and provide for their protection.     

LAWYERS AND MENTAL HEALTH PROFESSIONALS WORKING TOGETHER: RECONCILING THE DUTIES OF CONFIDENTIALITY AND MANDATORY CHILD ABUSE REPORTING

Lawyers are increasingly finding themselves working in conjunction with a social worker and/or a psychologist. This dynamic can be found in organizations that take a multi‐disciplinary approach to the law, such as New York City's Legal Aid Society and Lawyers for Children. Collaborative law is another such example. Collaborative law is an increasing trend in family law; it provides a divorcing couple the opportunity to work with professionals from different disciplines, without being subject to the court system. While a multi‐disciplinary approach to the law has the ability to maximize the value of representation, it also can create tension when inconsistent duties are imposed by conflicting professional obligations. A major area of conflict is between the lawyer's duty to maintain client confidences and the mental health professional's duty to report child abuse. This Note discusses the important policies behind these opposing duties. The Note recommends amending state child abuse and neglect laws in order to eliminate the conflict between the professions' duties and allow lawyers and mental health professionals to work together more harmoniously. Amending state child abuse and neglect laws will allow for mental health professionals working with a lawyer who represents a client the same reporting duties as lawyers in the process.     

DEVELOPMENTAL ISSUES IN THE IMPACT OF CHILD MALTREATMENT ON LATER DELINQUENCY AND DRUG USE*

Developmental psychopathology emphasizes the impact that early childhood maltreatment has on adolescent and early adult development. The life‐course perspective, however, emphasizes more proximal events—adolescent maltreatment, for example—as developmentally disruptive. Prior research suggests that childhood maltreatment is a risk factor for adolescent delinquency and drug use. However, the results appear to depend on a loose definition of childhood. This study utilizes a four‐category maltreatment classification—never, childhood‐only, adolescence‐only, and persistent—to re‐examine the maltreatment‐delinquency relationship. Using data from the Rochester Youth Development Study, we find no relationship between childhood‐only maltreatment and adolescent delinquency or drug use; yet, we do find a consistent impact of adolescence‐only and persistent maltreatment on these outcomes.     

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.     

LET'S GO TO THE VIDEOTAPE: WHY THE FORENSIC INTERVIEWS OF CHILDREN IN CHILD PROTECTIVE CASES SHOULD BE VIDEO RECORDED*

Child sexual abuse is often difficult to prove due to a lack of physical evidence. In many instances, the only evidence is a child's statement given during a forensic interview. Forensic interviews are conducted to assess whether the child has been abused, to develop a plan to protect a child's safety pending trial, and to provide further investigative leads. Note taking by the interviewer is currently the primary method for documenting what takes place in a forensic interview. Research shows that this form of documentation is problematic because interviewers tend to omit abuse‐related details in their notes. This Note suggests that federal law should require that forensic interviews of children in child sexual abuse cases be video recorded. State law can provide for a policy of video recording even in the absence of a federal law mandate. Video recording would better preserve the child's statements thereby improving the reliability of the information that is obtained during forensic interviews. The child's demeanor would also be fully captured on video as opposed to getting lost in an interviewer's notes.     

THE CYCLE OF VIOLENCE IN CONTEXT: EXPLORING THE MODERATING ROLES OF NEIGHBORHOOD DISADVANTAGE AND CULTURAL NORMS

Although the cycle of violence theory has received empirical support (Widom, 1989a, 1989b), in reality, not all victims of child physical abuse become involved in violence. Therefore, little is known regarding factors that may moderate the relationship between abuse and subsequent violence, particularly contextual circumstances. The current investigation used longitudinal data from 1,372 youth living in 79 neighborhoods who participated in the Project on Human Development in Chicago Neighborhoods (PHDCN), and it employed a multivariate, multilevel Rasch model to explore the degree to which neighborhood disadvantage and cultural norms attenuate or strengthen the abuse–violence relationship. The results indicate that the effect of child physical abuse on violence was weaker in more disadvantaged communities. Neighborhood cultural norms regarding tolerance for youth delinquency and fighting among family and friends did not moderate the child abuse–violence relationship, but each had a direct effect on violence, such that residence in neighborhoods more tolerant of delinquency and fighting increased the propensity for violence. These results suggest that the cycle of violence may be contextualized by neighborhood structural and cultural conditions.     

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.     

RESPONDING TO THE CALL FOR CHILD CUSTODY EVALUATORS TO JUSTIFY THE REASON FOR THEIR PROFESSIONAL EXISTENCE: SOME THOUGHTS ON KELLY AND RAMSEY (2009)

Kelly and Ramsey (2009 ) propose that it is time to examine the costs and benefits courts and participants derive from child custody evaluations. A structure for a research program was suggested. This article endorses this call for such an examination on the system that provides for forensic mental health evaluations for custody disputes. There is a need to examine the costs and benefits of various types of approaches that are emerging, including the comprehensive evaluation and brief, focused evaluations. This article suggests that there is a need for forensic quality control of the work product that is produced by evaluators. Courts are cognizant of the need to encourage settlement between parties, but they also need to be accurate in making judicial determinations that will be in the best interests of children. Quality evaluations are a cornerstone in working toward this goal. Kelly and Ramsey are mindful of the need for evaluations to facilitate settlement, but also to get it right for the court on accurate predictions about children's developmental outcomes.     

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.     

KEY LINKAGES BETWEEN CHILD WELFARE AND SUBSTANCE ABUSE TREATMENT: SOCIAL FUNCTIONING IMPROVEMENTS AND CLIENT SATISFACTION IN A FAMILY DRUG TREATMENT COURT*

This article summarizes early findings regarding social functioning and client satisfaction from a longitudinal study of women receiving treatment in a family drug treatment court located in the Midwestern United States (N = 33). Drug treatment court participants were interviewed at program entry and when they had completed 6 months of treatment. Family drug court participants reported significant improvements in employment status and increases in earned income after 6 months of treatment. Respondents also reported improved social functioning and high overall levels of satisfaction with treatment. Findings and implications for future research are discussed.     

THE FOSTER CARE OMBUDSMAN: APPLYING AN INTERNATIONAL CONCEPT TO HELP PREVENT INSTITUTIONAL ABUSE OF AMERICA'S FOSTER YOUTH

Children today are often abused while in foster care, undermining the theoretical goal of the modern foster care system: to create a temporary, safe, homelike setting to protect and nurture children who are unable to live with their biological parents due to various reasons such as abuse, neglect, or abandonment. Often this abuse is worse than the type for which they were removed from their parents’ care in the first place. First examining the reasons why this complex problem exists, this Note recommends an internationally based, innovative concept as a partial solution: the foster care ombudsman. This Note explains the concept of an ombudsman and demonstrates how it can be particularly helpful to foster children, highlighting existing child welfare ombudsman offices in California, Rhode Island, and New Jersey, as well as international approaches. It also illustrates how a foster care ombudsman can complement class action litigation of foster care abuse claims.     

SPARE THE CHILD AND HIT THE POCKET: TOWARD A JURISPRUDENCE ON DOMESTIC ABUSE AS A QUANTUM FACTOR IN FINANCIAL OUTCOMES ON RELATIONSHIP BREAKDOWN

Should domestic abuse, rightly condemned so often by the family courts, be a factor in the financial outcome on relationship breakdown? If so, how should it be taken into account? As a pure factor of economic loss? As part of either negative contribution by one or the greater positive contribution by the other? Only if exceptional violence? Or as part of society's condemnation of domestic abuse? What difference is there between abuse which has a direct financial impact, for example, on future earning or needs and abuse which has no obvious outward financial impact? If there were to be any compensatory element, how does this fit in with other quantum factors? This article looks at developments on this issue in a number of countries, to share lessons learned, consider some of the problems of introducing abuse as a quantum factor, and start to consider a jurisprudence on when it is and is not appropriate as a factor, with a view to encouraging a wider debate.     

RACE,CODE OF THE STREET,AND VIOLENT DELINQUENCY: A MULTILEVEL INVESTIGATION OF NEIGHBORHOOD STREET CULTURE AND INDIVIDUAL NORMS OF VIOLENCE*

The study outlined in this article drew on Elijah Anderson's (1999) code of the street perspective to examine the impact of neighborhood street culture on violent delinquency. Using data from more than 700 African American adolescents, we examined 1) whether neighborhood street culture predicts adolescent violence above and beyond an adolescent's own street code values and 2) whether neighborhood street culture moderates individual-level street code values on adolescent violence. Consistent with Anderson's hypotheses, neighborhood street culture significantly predicts violent delinquency independent of individual-level street code effects. Additionally, neighborhood street culture moderates individual-level street code values on violence in neighborhoods where the street culture is widespread. In particular, the effect of street code values on violence is enhanced in neighborhoods where the street culture is endorsed widely.     

OFFENDER–VICTIM INTERACTION AND CRIME EVENT OUTCOMES: MODUS OPERANDI AND VICTIM EFFECTS ON THE RISK OF INTRUSIVE SEXUAL OFFENSES AGAINST CHILDREN*

Criminological research has shown the relevance of examining offender–victim interaction and related factors to understand crime event outcomes. In sexual offenses against children, an obvious lack of knowledge exists regarding this issue. From a criminological perspective, we seek to improve our understanding of the offender–victim interaction in sexual offenses against children and, in particular, what factors might increase the risk of a more intrusive offense. We argue that modus operandi strategies play a central role in crime event outcomes and examine this hypothesis with data obtained from a semistructured interview conducted with offenders. As expected, modus operandi was found to have a strong effect on crime event outcomes, especially victim participation during sexual episodes. Victim effects also emerged from the analyses. Specifically, a strong interaction effect between age and gender of the victim was found for victim participation, which suggests that as the victim gets older, offenders are more likely to make their victim participate in sexual episodes when abusing a male victim but are less likely to do so when abusing a female victim.     

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.     

PEER GROUP INTERVENTIONS TO REDUCE THE RISK OF DELINQUENT BEHAVIOR: A SELECTIVE REVIEW AND A NEW EVALUATION*

Evaluations of correctional treatment programs for criminal offenders and of school-based delinquency prevention programs based on Guided-Group Interaction (GGI) and similar interventions are critically reviewed. One study—the Provo Experiment—provided convincing evidence for the superiority of a community treatment program involving GGI over incarceration (for persons who would otherwise be incarcerated) and modest superiority over probation (for persons who would otherwise be assigned probation). Some evaluations of school-based prevention programs involving GGI derivatives that have been cited as supporting the efficacy of these programs are flawed and may be misleading. A new experimental evaluation of a school-based intervention based on a GGI derivative implies that it increased delinquent behavior among students exposed to it.     

REJOINDER TO GARDNER'S "COMMENTARY ON KELLY AND JOHNSTON'S 'THE ALIENATED CHILD: A REFORMULATION OF PARENTAL ALIENATION SYNDROME'"

In this reply to Richard Gardner, we outline our points of disagreement with his formulation of parental alienation syndrome (PAS), showing that his focus on the alienating parent as the primary cause of children's negative attitudes and rejecting behavior toward the other parent is overly simplistic and not supported by findings from recent empirical research. It follows that we strongly object to Gardner's recommendations for legal and mental health interventions with alienated children as well as the use of the term PAS when referring to this problem.     

COMMENTARY ON KELLY AND JOHNSTON'S "THE ALIENATED CHILD: A REFORMULATION OF PARENTAL ALIENATION SYNDROME"

In a previous issue of this journal, Joan B. Kelly and Janet R. Johnston describe their reformulation of the parental alienation syndrome (PAS). Here, I present areas in which I agree with the authors and areas in which I disagree. Particular focus is placed on these PAS-related issues: the syndrome question, PAS versus parental alienation, the medical model, custodial transfer, gender bias, DSM-IV . empirical studies, and the misapplication of PAS.     

HELPING ALIENATED CHILDREN WITH FAMILY BRIDGES: PRACTICE, RESEARCH, AND THE PURSUIT OF "HUMBITION"

This article briefly summarizes and responds to feedback offered by Joan Kelly regarding Family Bridges: A Workshop for Troubled and Alienated Parent–Child Relationships™. We emphasize principles that promote an educational atmosphere, as opposed to a therapeutic one, and the court's role in contributing to successful interventions with severely alienated children. Among the considerations discussed are: working with favored parents, economic comparisons of Family Bridges with counseling approaches, modifying the program for use in prevention and with milder cases of alienation, and issues related to training additional team leaders and conducting outcome research.