Studies presented to the international commission for the history of representative and parliamentary institutions 1980 — 1985

SUMMARY

In this article Joseba Agirreazkuenaga continues his account of the development of the Basque political institutions to the period following the settlement of the first Carlist war by the Convention of Bergera in 1839. This laid down a process for incorporating the Basque foral institutions into the framework of the new liberal constitution of the Spanish monarchy. It required negotiations between the Spanish Cortes and Basque representatives, which produced the institution of the Basque Conferencias to speak for the three Basque provinces. Once established these developed into the main institutional voice for the developing Basque national movemebt. By the 1860s the Conferencias had virtually acquired the function of a Basque provincial government.     

Children Who Have Been Traumatized: One Court's Response

A court that is trauma‐informed can assist with the process of identifying children in need of trauma‐focused services and can provide education and direction to families frustrated by prior treatment failures. The unique role of the juvenile court judge as a community convener offers an opportunity to increase community awareness about the impact of trauma, and to promote the adoption of evidence‐based treatment for trauma victims. This article outlines the way that increased trauma awareness and trauma screening within a family court system mobilized the development of effective resources for children and families affected by trauma.     

Children with Sexual Behavior Problems

Judges are encountering more cases (both dependent and delinquent) involving juveniles under the age of 12 who have acted out sexually. The youth's own trauma history and protection issues often complicate the cases. This article reviews the research about treatment for children with sexual behavior problems (SBP) and discusses guidelines for making placement decisions in order to assist judges to determine an appropriate level of response in cases of children with SBP. To this end, information about typical sexual development with strategies for determining whether a sexual behavior is problematic or developmentally appropriate is provided. Children with SBP are contrasted with adolescent and adult sexual offenders. Assessment and treatment guidelines based on the current state of clinical research are provided, noting that a number of treatments have demonstrated efficacy with SBP in children. Information to facilitate decision making regarding residential placement, school participation, and family reunification is provided. Public policy should be based on scientific results and reflect the very low risk posed by children with SBP when making decisions about application of the Adam Walsh Act and national lifetime registries in general.     

Science in the Courtroom: Vital to Best Interests and Reasonable Efforts

This essay was adapted from a speech presented by the author on February 12, 2008 at a Colloquium entitled “What's Best for Children? How Judges Use Neuroscience to Break the Cycle of Child Maltreatment.” The colloquium was sponsored by the Harvard Center on the Developing Child and held at Harvard Law School. It focuses on the wealth of knowledge that has been discovered about infant and child development and the importance of incorporating that knowledge into judicial decision making in child maltreatment cases.