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.     

《儿童权利公约》与我国儿童证人权利制度之完善

儿童证人是刑事诉讼中特殊的诉讼参与人。《儿童权利公约》确立了对儿童权益保护的一般原则，有关国际文件也确立了儿童证人在刑事诉讼中所应享有的诉讼权利。国外的刑事诉讼立法有的也对儿童证人权利制度作了规定。比较而言，我国儿童证人权利制度内容贫乏，既不能满足司法实践对儿童证人保护的需要，也没有体现公约及有关国际文件的要求。应从免于宣誓等方面构建我国儿童证人权利制度。     

In the Best Interests of an Indian Child: The Indian Child Welfare Act

Before passage of the Indian Child Welfare Act in 1978, state, private, and federal agencies systematically removed Indian children from their families and tribal communities, placing them with non‐Indian families with little appreciation for the detrimental impact that cultural deprivation would have on these children. State courts often ignored the sovereign authority of tribal courts with regard to their children, and were, more often than not, unwilling to acknowledge the importance of the perspective of the child's tribe and/or extended family members. With passage of the Indian Child Welfare Act in 1978, Congress imposed upon state child welfare practices substantive and procedural requirements to which state courts must adhere, most notably the mandate that state courts must now give primary consideration to the placement of Indian children within their extended families and tribal communities. In addition, federal law requires state courts to recognize tribal court authority and jurisdiction over tribal children. This article reviews the history of federal, state, and private practices that propelled Congress to pass the ICWA, the changes that have resulted from this vital legislation, and the challenges that face courts in ensuring that state courts meet these requirements.     

Child Maltreatment Risk Inventory: Pilot Data for the Cleveland Child Abuse Potential Scale

This article presents data on the development of a child maltreatment actuarial risk inventory, The Cleveland Child Abuse Potential Scale (C-CAPS). The study consisted of three groups in a juvenile court setting: child custody cases without indication of maltreatment (N = 34), cases where maltreatment was indicated (N = 37), and a third middle ground group of cases referred to the court’s Diagnostic Clinic (N = 47). This third group of cases had not elevated to court involvement with a filing of child maltreatment. Study results provide compelling support for overall classification accuracy, with 100% specificity and 95% sensitivity and an overall hit rate of 98%, when only the maltreatment and non-maltreatment groups were compared. Adding the third group of possible maltreatment cases dropped the overall hit rate to 71%. The instrument was able to correctly classify 85% of Non-Maltreatment cases and 76% of Maltreatment cases. The overall factor structure of the instrument is also reviewed.     

Child witnesses and the confrontation clause

InMaryland v. Craig, the United States Supreme Court relied heavily on a brief prepared by a committee of the American Psychology-Law Society on behalf of the American Psychological Association (APA). The APA brief concluded that sexually abused children may be particularly vulnerable to distress in the legal process, especially when forced to confront the defendant face to face, and that such acute distress may be inconsistent with the state's interests in promotion of reliable testimony and child welfare. APA also argued that psychological theory and research provide foundations for individualized determination of the need for measures to protect children from face-to-face confrontation. *** DIRECT SUPPORT *** AFE06051 00002     

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.     

Social Exclusion and the Welfare of the Child

The 'best interests of the child' is a pervasive notion in law, and the welfare discourse within which it acquires meaning has become increasingly dominant in our culture's stock of 'common sense'. Because this discourse positions children as dependent and vulnerable, it underpins images of children that can perpetuate the social, legal, and political marginalization of children. This paper uses the area of children and divorce to explore the ways in which this exclusion of children persists alongside both an ostensible commitment to the welfare of children and an increasingly strong rights discourse. We argue that constructions of the child as victim have both political and psychological dimensions: they serve to legitimize state intervention into 'private' family life, and they help assuage social anxieties about the alleged demise of 'the family'. At an individual level, they facilitate a process whereby children can become the repository for feelings with which adults cannot cope. We then suggest that two fundamental changes are required in order to address children's exclusion: the development of a more psychodynamically informed view of personhood and a new image of the child to inform policies.     

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.     

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 Best Interests of the Child? Is the Best Interests of the Child in the Best Interests of Children?

The writings of Goldstein, Freud and Solnit, particularly someof the concepts they developed, have exercised a profound influenceon our thinking about children. A new, revamped, final, authoritativeedition presents the opportunity for critical re-assessment.The author finds a partial analytical framework, a dated imageof children, a narrow concept of children's rights, triggersfor intervention which leave children dangerously exposed and,above all, a sense diat events have moved on leaving the mostinfluential text of this generation firmly rooted in the ideas,problems and concepts of the last. The publication in one revised volume of the landmark trilogyof Beyond, Before and In¹ provides an excuse, if one were needed,to assess the impact and re-evaluate the arguments containedwithin the three monographs and now compressed and updated.Whether or not one agrees with all, or even any, of the ideascontained within Best Interests (as I shall now call the collection),and I shall criticize both applications and implications, theconcepts have impressed themselves, perhaps indelibly, on ourthinking about children. Like it or not, anyone thinking aboutchild law or policy, the relation between parents and children,the state and family, has to grapple with concepts like ‘leastdetrimental alternative’, the ‘psychological parent’,a child's sense of time and others of the rich ideas which permeateBest Interests.²