FAMILY GROUP CONFERENCING AND CHILD PROTECTION MEDIATION: ESSENTIAL TOOLS FOR PRIORITIZING FAMILY ENGAGEMENT IN CHILD WELFARE CASES

Family group conferencing (FGC) and child protection mediation maximize family engagement in child welfare cases by prioritizing families' roles in discussions and decisions. This article examines how FGC helps professionals to focus on family and community strengths, encourages family engagement, and provides targeted case plans for families and timely, permanent placements for children. It explores how courts and agencies use these interventions to empower families to contribute to resolutions in ways that are not possible in traditional litigation processes. These complementary processes help children and families by providing forums where families are allowed to make informed choices and take an active role in creating plans for their future.     

FAMILY GROUP CONFERENCES

Family group conferencing has emerged as a child welfare system–transforming practice that fosters new collaborations between families, child welfare practitioners, and the courts. The key components of the model are explained. This article highlights the strengths and challenges associated with incorporating family group conferencing into traditional child welfare agency and court practice. It suggests future practice considerations and outcome-based study that are necessary to strengthen and sustain family group conferencing as a prevention/intervention strategy.     

EARLY INTERVENTION IN NEW ZEALAND FAMILY COURT CASES

In April 2010 the New Zealand Family Court introduced the National Early Intervention Process (NEIP) to diversify its previous unitary dispute resolution pathway into two tracks (standard and urgent). A “triage” model is now in use to assess and assign cases appropriately. This article outlines the key milestones in the Family Court's 30‐year history which have led to this new initiative to reduce delays and help avoid the escalation of family conflicts over the care of children into bitter and intractable disputes. NEIP represents the most overarching reform of the Family Court since the Court's inception in 1981.     

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.     

NEW ZEALAND FAMILY LAW REPORT

The New Zealand family law system underwent an extensive review of the whole process in 1992. This report contains the recommendations resulting from that review. Among the recommendations is the establishment of a Family Conciliation Service attached to the court but separate in function to mediate the family law dispute. Judges need to take a much stronger hand in managing the cases when they come before the court.     

SOCIAL JUSTICE AND FAMILY COURT REFORM

Creating a unified family court, or any type of family court reform, may have only a minimal impact if it simply changes the structure of how judges do business rather than addresses the structure of the child welfare system itself. The authors argue that family court reform must place social justice at its center. First, they discuss profound flaws in the child welfare system that make poor and minority families especially vulnerable to coercive state intervention. Second, they describe two approaches to child welfare cases–family systems theory and therapeutic justice–that can help to guide reform efforts directed at addressing these structural flaws. Finally, they suggest ways in which family law scholarship can assist in creating a social justice agenda for family court reform.     

MEDIATION IN CHILD PROTECTION AND THE NOVA SCOTIA EXPERIENCE

In recent years, mediation has become a device used to settle disputes in the area of child protection. The first legislatively based child protection mediation program in Canada was implemented in the province of Nova Scotia in 1993. This program has been criticized for not safeguarding children from neglect and abuse, for redundancy with respect to settlements offered by child protection workers, for its nonuse of child protection workers as mediators, and for power imbalances between negotiating parties. It has also suffered from a low number of referrals to mediation. The Nova Scotia experience emphasizes the need to gain support not only from child protection agency leadership but also from frontline staff to create a stable and beneficial mediation program. Even in light of the complications with respect to child protection mediation in Nova Scotia, there is a growing interest and implementation of mediation programs throughout Canada.     

EMPOWERING PARENTS IN CHILD PROTECTION MEDIATION: CHALLENGES AND OPPORTUNITIES

One of the greatest challenges that parents face in child protection mediation (CPM) is to voice their concerns and negotiate on a relatively equal basis with the other mediation participants. This article considers how imbalances of power, limited confidentiality protection, and the personal problems that bring parents into the child protection process can limit a parent's ability to exercise self-determination in mediation and offers guidance for mediators seeking to conduct CPM in a manner that effectively empowers parents to meaningfully and collaboratively participate in mediation.     

TAILORING THE INTERVENTION TO THE CHILD IN THE SEPARATING AND DIVORCED FAMILY

Longitudinal and national studies show that many children of divorce suffer grave emotional and educational difficulties. These difficulties, which are evident before, during, and long after divorce, have complex roots in skewed family relationships, such as troubled parent/child relationships, the psychiatric disturbance of one or both parents, and continuing parental conflict. Although it is abundantly clear that these families are in dire need of a wide range of sophisticated educational and clinical programs, both brief and extended, to address the different subgroups within this population, few such programs are available. Of particular concern are high-conflict families where the divorce may have triggered a thought disorder Family-centered and group programs that make use of recent research findings have been successful in addressing both parents and children within different target groups in the divorce population. Programs based on these successful demonstration projects should be made widely available through the courts and/or in the community.     

THE CHILDREN ACT 1989 AND THE VOICE OF THE CHILD IN FAMILY CONCILIATION

Over the past 10 years, there has been a rapid development of conciliation throughout Great Britain in matters relating to divorce and separation. The growth has been in terms of the accessibility of services as well as in the styles of conciliation practice offered. Throughout this period, the question of the involvement of children in conciliation has persisted as a key issue. Should children be involved at all, and if so, how should this involvement best be brought about? This article suggests that the change of philosophy regarding child law intended by the new Children Act 1989 will give considerable impetus to this debate and should lead to a clarification of the role of conciliation in allowing the voice of the child to be heard following divorce or separation.