Treating Substance‐Abusing Parents: A Study of the Pima County Family Drug Court Approach

A geographical comparison‐group design was used to examine the effectiveness of the Pima County (Arizona) Court Assisted Treatment Services (CATS) program and its drug court intervention. The study compared the summary statistics for the volunteers to the family drug court (n=33) with a treatment‐refusal group (n=42) and a treatment‐as‐usual group (n=45) from a matched geographical area. The findings of this study indicate that the family drug court group had higher engagement and completion rates of residential treatment than was true of the other comparison groups. In addition, the volunteers to the family drug court group had fewer parental rights severed, a higher percentage of permanency decisions reached within one year, earlier permanency decisions, and a higher percentage of children placed with their parents. The implications of this study's findings for future evaluations of the components of a family drug court intervention are discussed.     

Post-Separation Abuse of Women and their Children: Boundary-Setting and Family Court Utilization among Victimized Mothers

Continued abuse of themselves and their children is a concern for many mothers leaving intimate partner violence (IPV) perpetrating husbands. This research examines women’s responses to abuse committed by ex-husbands with whom they had undergone custody disputes. In-depth, qualitative interviews were conducted with 19 mothers who had divorced IPV-perpetrating husbands between 1 and 3 years prior. Participants were located through publicly available family court divorce records and interviews were examined using analytic induction. Women’s strategies to protect themselves and their children from abuse involved setting boundaries to govern their interactions with ex-husbands. Mothers often turned to family court for assistance in setting boundaries to keep children safe, but found that family court did not respond in ways they believed protected their children. Conversely, when women turned to the justice system for restraining orders or called the police for help against IPV, they generally found the justice system responsive.     

Intervention for Abusive Fathers: Promising Practices in Court and Community Responses

Fathers who have abused their children or their children's mothers constitute a significant challenge to court and community service providers. Although legislation offers direction for court dispositions, resulting court orders are only the starting point for ensuring children's safety. This article begins with a rationale for expanding services to include intervention for abusive fathers. Using the Caring Dads program as an example, we identify four principles to guide appropriate intervention with abusive fathers and discuss their theoretical and practical implications. Throughout the article we contrast the model we are proposing with more traditional court and intervention program responses to abusive fathers.     

The Complex Relationship Between Motherhood and Desistance

Using a sample of 118 drug-involved women originally released from prison in the 1990s and re-interviewed between 2010 and 2011, this paper examines the role motherhood played in the desistance process from crime and substance abuse. Interview narratives revealed that motherhood rarely functioned as a turning point per se that activated desistance, but caring for children did serve to solidify prosocial identities once offenders had transformed their addict/criminal identities. Despite their identity transformations, however, the journey of desistance for the majority of mothers was still a long and arduous path. The reality for these mothers most often resembled a hostile terrain marked by the competing demands of battling addiction, finding employment and suitable housing with a criminal record, establishing visitation and custody rights in family court, and regaining the trust of children and family members who had long ago lost faith in their commitment to their families. This research illuminates the complexities inherent in the desistance process for a contemporary sample of drug involved adult women entrenched within the criminal justice system.     

The Parenting Coordinator as Peacemaker and Peacebuilder

Parenting coordinators serve as case managers in high‐conflict families with the goal of protecting the children from parental conflict. Parenting coordinators are peacemakers and peacebuilders who identify and help set up structures in the family to support peace between the parents. The family court should promote and develop equipoise in litigants and professionals. Because parents who continue in conflict postdecree often have difficulty empathizing with their co‐parents and with their children, they might benefit from meditation training to increase mindfulness, empathy, and compassion. Self‐compassion training could also increase well‐being and more effective co‐parenting and aid in building peace in the family.

Key Points for the Family Court Community:
• Parenting coordination is a child‐focused intervention with high‐conflict parents that can help protect children from their parents' conflict.
• Parenting coordinators are peacemakers who resolve disputes between the parents and facilitate negotiation and communication between them and help them make decisions.
• Parenting coordinators are also peacebuilders who help identify and build structures and processes in the family system to strengthen interparental peace.
• Equipoise can be developed in litigants and professionals through mindfulness and compassion training.
• Family court judges can work with parenting coordinators in a team approach, in a manner similar to what occurs in problem‐solving courts, to benefit the families and the judicial system.

     

Healing Families: An Outcome Evaluation of a Community Family Court

In this paper, a model community family court program that seeks to break the intergenerational cycle of crime and substance abuse by treating families holistically will be presented. This model court seeks to reduce crime and provide safe and permanent homes for children of substance‐abusing parents. In this community family court, the prototypical problem‐solving court has been both focused and expanded. The community family court provides a focused response designed to address the unique combination of problems facing families on a family‐by‐family basis. At the same time, supervision and treatment services have been expanded to include every family member and all open court cases including criminal charges, juvenile delinquency, dependency, and civil cases. An overview of the court's evolution and discussion of integrated services designed to provide a wraparound style intervention will be highlighted as key contributors to the largely positive results of this community family court's evaluation.     

Realizing the Promise of Well‐Being: Longitudinal Research from an Effective Early Intervention Program for Substance Exposed Babies and Toddlers Identifies Essential Components

The University of Miami Linda Ray Intervention Program (LRIP) is a Part C early intervention program for children under the age of three, with verified developmental delays located in Miami‐Dade County that has established a strong link and referral process from the Juvenile Court as well as local community‐based care agencies. Creating a system where early intervention communicates well with the court system is paramount in changing the well‐being trajectories of these vulnerable children. This article describes the growing need for early intervention services as well as the results of one successful early intervention‐court partnership that has shown promising short and long‐term results for developmentally‐delayed children who were born prenatally exposed to cocaine.     

REEVALUATING WHERE WE STAND: A COMPREHENSIVE SURVEY OF AMERICA'S FAMILY JUSTICE SYSTEMS

The call for court reform remains critical in the face of the growing complexity of burgeoning family law cases nationwide. Many states have restructured their court systems using the unified family court model, resolving legal, personal, emotional, and social disputes with the aim of improving the well‐being of families and children. Other states utilize the traditional approach, resulting in cases being handled in a fragmented, time‐consuming and expensive manner. In this article, Professor Barbara A. Babb presents the results of her nationwide survey regarding how each state handles family law matters. The survey is a follow‐up to her comprehensive 1998 survey and her 2002 survey update. The results of the recent analysis reveal that a total of thirty‐eight states now have either statewide family courts, family courts in selected areas of the state, or pilot or planned family courts, representing seventy‐five percent of states. The number of states without a specialized or separate system to handle family law matters has decreased from seventeen states in 1998 to thirteen in 2006. These changes are significant when one considers the complexities involved in court reform. The need for court reform remains an urgent one, as family law cases occupy a significant percentage of court dockets across the country. Families and children deserve a court system where justice is effective and efficient and where their legal, personal, emotional, and social needs are resolved in a therapeutic and holistic manner.     

An Exploratory Study of Custody Challenges Experienced by Affirming Mothers of Transgender and Gender‐Nonconforming Children

Family courts have lacked familiarity with evidence‐based recommendations regarding the best interests of transgender and gender‐nonconforming (TGNC) children, resulting in some affirming parents losing physical and/or legal custody. This exploratory, qualitative study with 10 affirming mothers of TGNC children who had experienced custody‐related challenges reported on salient themes, including “blame” for causing children's gender nonconformity, coercion by ex‐partners, bias in the courts, negative impact on children, emotional and financial toll on participants, and the critical importance of adequate resources. Findings indicate the need for better‐educated family court professionals, as well as socioemotional support and financial and legal assistance for affirming parents of TGNC children.     

Canada’s First Integrated Domestic Violence Court: Examining Family and Criminal Court Outcomes at the Toronto I.D.V.C.

This is the first quantitative study to examine Canada’s only Integrated Domestic Violence Court. The methodology used a quasi-experimental design with parallel groups with baseline equivalence. Results demonstrate that when support services are provided to victims of domestic violence during family separation, children benefit from greater involvement with both parents. There was more compliance with child support in the integrated court than the comparison group and compliance in custody and access were two variables that predicted the type of final custody orders. There were fewer judges involved in the IDVC court than comparison group; however, there were no differences in the number of court appearances between groups. The IDVC demonstrates a promising intervention to address domestic violence that involves both criminal and family law courts. Future research is needed to explore the views of children, victims and offenders about their experiences with the IDVC.     

A Feasibility Pilot Intervention Program to Teach Parenting Skills to Mothers of Poly-Victimized Children

The Parceria (Partnership) Project is a Brazilian intervention program designed for mothers with an intimate partner violence (IPV) history. Its short term goal is to teach parenting skills to abused women, and in the long term, to prevent behavioral problems in their children. The objective of this pilot study was to evaluate the feasibility of the Parceria Project with mothers of children who had experienced multiple forms of maltreatment (poly-victimization), as it was expected that most of the mothers would also have a history of IPV. Seventeen Brazilian mothers took part in this intervention. They completed several types of evaluation. The intervention program using a cognitive-behavioral model took place in each family’s home. All mothers completed the intervention and evaluated the project positively. The study showed that it is feasible to conduct interventions with families who face severe psychosocial risk such as family violence.     

Family‐Centered Practice in Adult Treatment Courts: What Can We Learn from the Family Treatment Court Best Practice Standards?

Estimates suggest that upwards of 50% of participants in adult treatment courts (ATC) are parents. Previous studies point to negative impacts of unmet parenting needs on substance use treatment and criminal justice outcomes, and that family‐centered practices such as parenting classes substantially reduce recidivism among ATC participants. Judges and team members interested in adopting family‐centered practices in their ATC program may be unsure where to begin. One recent source of information regarding evidence‐based, family‐centered practices in treatment court settings is the Family Treatment Court (FTC) Best Practice Standards. The FTC Standards suggest adopting a family‐centered mission, expanding partnerships with child‐ and family‐serving agencies, discussing parenting and family roles during hearings, implementing family‐centered case management, and considering the effect of therapeutic responses on children and families. Building on the ATC Standards, the flexibility inherent in voluntary court programs, and existing community partnerships creates a pathway toward family‐centered practice in criminal settings.     

A Coordinated Approach to Improving Outcomes for Substance‐Abusing Families in Juvenile Dependency Court

This paper describes a coordinated approach to providing enhanced services for substance‐abusing families in the juvenile dependency court. The enhanced services consisted of an interagency collaborative model including the Department of Social Services, Court Appointed Special Advocates, Public Health Nurses, and Family Support Specialists. The purpose of the intervention was to increase the likelihood of family reunification. Families were randomly assigned to either the enhanced services (N=48) or to a regular services group (N=41). Variables included social background factors, data related to court hearings and court orders, and final court outcomes regarding placement and custody. Significant factors predicting final placement of the child were completion of court ordered programs, a stable home, and mothers' cooperation and motivation. Families who received the enhanced services had significantly higher rates of reunification of children with parents.     

Ethical Advocacy for Immigrant Survivors of Family Crisis

The involvement of family courts in the lives of youth and families creates significant opportunities for advocates to assist their clients with immigration‐related issues. Informed and effective advocacy on these issues in family court can make life‐changing, and even life‐saving, differences for immigrants. More specifically, immigration issues are germane to family court because certain vital avenues of immigration relief available to survivors of abuse, neglect, abandonment, and other forms of family crisis explicitly depend on findings, orders, and certifications that are issued in the context of family court proceedings. After describing these forms of relief, and the family court's role in immigrants’ access to them, this essay analyzes how ethical mandates related to client counseling, representational goals, and competence affirmatively require family court practitioners to provide advice and advocacy related to these collateral benefits to family court proceedings.

Key Points for Family Court Community:
• The involvement of family courts in the lives of youth and families creates significant opportunities for advocates to assist their clients with immigration‐related issues
• Certain vital avenues of immigration relief available to survivors of abuse, neglect, abandonment, and other forms of family crisis explicitly depend on findings, orders, and certifications that are issued in the context of family court proceedings
• The substance of immigration‐related findings in family court, and their ultimate affect on family stability, are consistent with the core family court goal of supporting safety, well‐being, and permanency for children and families
• Ethical mandates related to client counseling, representational goals, and competence affirmatively require family court practitioners to provide advice and advocacy related to these collateral benefits to family court proceedings

     

Family Drug Court,Targeted Parent Training and Family Reunification: Did this Enhanced Service Strategy Make A Difference?

This article reports findings from an evaluation of reunification outcomes for children and families who participated in a family drug court (FDC) that incorporated the use of two innovative evidence‐based parenting programs. In addition to comprehensive FDC services, families participated in the Strengthening Families Program and Celebrating Families!^TM programs in a sequential format. Data analyses were conducted on a sample of 214 children whose child welfare cases were adjudicated through the FDC and 418 matched comparison cases. Entry‐cohort survival analysis results indicated that families receiving FDC services were more than twice as likely to reunify in a 45 month observation window.     

Toward Better Outcomes for Families Through Innovative Dispute Resolution Programs in England

This article explores and shares the learning from two of Cafcass’ innovative dispute resolution pilot programs. The programs aim to improve outcomes for families against the backdrop of rising private law demand in England, while keeping the child at the center. The Positive co‐Parenting Programme pilot provides a structured intervention to reduce conflict and promote timely resolution for children and families in complex cases. The Support with Making Child Arrangements pilot explores whether the provision of a package of support to parents ahead of the first court hearing can help them come to safe agreements about their children without the need for court intervention.     

Evaluation of Implementation of the Kentucky Court Rules of Procedure and Practice: An Approach to Assessing the Impact of Court Reform Efforts

This article describes a Supreme Court of Kentucky court improvement initiative designed to promote uniformity and improved court practice with an ultimate goal of the improvement of outcomes for children and families through implementation of Family Court Rules of Procedure and Practice. Twelve jurisdictions were purposely selected to exhibit a range of family and non‐family court jurisdictions, rural and middle‐sized locations. This article focuses on the results of court case file review related to indicators of due process and timeliness. Implications for court evaluation and reform activities are discussed.     

THE COLLABORATIVE DIVORCE PROJECT: A Court-Based Intervention for Separating Parents with Young Children

The role the legal process of separation and divorce plays in affecting outcomes for young children and their families was examined in the Collaborative Divorce Project (CDP), an intervention designed to assist the parents of children six years old or younger as they begin the separation/divorce process (married and unmarried couples). Evaluation and outcome data were collected from 161 couples, their attorneys, teachers, and court records. In addition to positive evaluations from both parents, intervention families benefited through lower conflict, greater father involvement, and better outcomes for children than the control group. Attorneys and court records indicate that intervention families were more cooperative and were less likely to need custody evaluations and other costly services. The CDP illustrates how prevention programs can be located within the courts, can be systematically evaluated, and can aid in helping the legal system function optimally for families with young children.     

Forgotten Children of Immigration and Family Law: How The Absence of Legal Aid Affects Children in the United States

The absence of government‐appointed legal counsel in immigration proceedings adversely affects large numbers of children in the United States. Children born in the United States to parents without citizenship status (U.S.‐born children of noncitizen parents or UCNP) are harmed by a parent's detention and removal. Unaccompanied alien children (UAC) who have entered the country without legal status are adversely affected by their own detention and removal. The possibility of obtaining relief from removal is drastically diminished by the lack of legal representation. Currently UAC and immigrant parents are not entitled to court‐appointed attorneys. Any meaningful change in immigration law, such as a federal statutory amendment to provide UAC and immigrant parents with government‐appointed counsel is unlikely due to the present political dissension in Congress regarding this issue. Because UAC and immigrant parents are not entitled to government‐funded legal representation, a pro bono legal service system has developed, but is unable to meet the present need adequately. For immigrant parents, this Note proposes the adoption of a statute to allow the appointment of court liaisons in family court proceedings. The court liaison is a nonattorney who is familiar with the processes of the family court and ensures that immigrant parents are fully informed regarding all pertinent family court proceedings. For UAC, this Note proposes an amendment to the William Wilberforce Trafficking Victims Protection Reauthorization Act to mandate the appointment of a child advocate to all UAC. The child advocate is not a lawyer, but works with the UAC's attorney to provide the child with legal representation and advocacy.

Key Points for the Family Court Community:
• UCNP confront the loss of parents to detention and removal. Children are condemned to limbo, torn between absent biological parents and placement in foster care.
• The recent surge in the number of UAC who enter the United States by crossing the border from Mexico has been described as a humanitarian crisis. These children often remain alone without legal protection, vulnerable to detention and removal.
• Ideally, UAC and the immigrant parents would be provided with government‐funded legal representation in immigration proceedings. In the absence of the federal statutory reform necessary to make that a reality, state statutory reform to allow for the provision of court liaison programs for immigrant parents and federal statutory reform to allow the appointment of child advocates for UAC can begin to offer children and families needed legal support and advocacy.

     

VIEW FROM THE BENCH

Although some believe that the family courts are gender biased against fathers, Judge Menno disagrees. From his experience as a family court judge and his view from the bench, fathers are treated fairly in court determinations pertaining to access to their children. In making these determinations, courts must take into consideration the reality of divorce and out-of-wedlock arrangements. This article describes how Judge Menno's county family court operates, and he further subgroups various types of fathers, describing how each fares in the family court when trying to gain access to their children.