Using Reasonable Efforts Determinations to Improve Systems and Case Practice in Cases Involving Family Violence and Child Maltreatment

The Adoption and Safe Families Act (ASFA) of 1997 reinforced that the safety, permanency, and well‐being of the child should be the primary concerns when making decisions about child protection interventions, child placement, and efforts at reunification. The court's role in oversight of agency practice in individual cases through the requirement of specific judicial findings as a condition of receipt of certain funding was also maintained and strengthened by ASFA. Based on the recognition of the number of cases where there is a co‐occurrence of domestic violence and child maltreatment, there is a need for communities and agencies to set reasonable expectations of good practice for responding to the issues raised. As the community sets the expectations of good practice through agency policy, training, and service delivery, the judiciary, through the findings regarding “continuation in the home” or “reasonable efforts” in each individual case, provides the oversight of practice required by ASFA. This article will explore the current applications of reasonable efforts, discuss ways that courts and communities are defining the concept, and examine the need for the development of a reasonable efforts protocol.     

Pennsylvania's New Limit On Asbestos Liability For Successor Corporations

Pennsylvania recently enacted a law that limits the damages a successor corporation can be required to pay for asbestos liabilities. Senate Bill 216, which the Pennsylvania legislature passed in December 2001, bars any recovery against a qualifying successor corporation in excess of the adjusted fair market value of its predecessor. The act applies to all successor corporations that were incorporated in Pennsylvania prior to May 1, 2001 and that consummated a merger or consolidation with their predecessor prior to that date. Under standard choice-of-law rules, the act should protect qualifying successor corporations in many jurisdictions outside of Pennsylvania. The act survived its first constitutional challenge at the trial court level, and should survive any future challenges in the appellate courts     

DOES PRESCHOOL HELP PREVENT DELINQUENCY IN BOYS WITH A HISTORY OF PERINATAL COMPLICATIONS?*

We examined whether a preschool intervention program moderates the effects of perinatal complications with a sample of boys from the most disadvantaged areas of Montreal (Canada). Some boys experienced the preschool program and some did not, which allowed us to test whether the program had any effects on the boys' risk for early adolescent delinquency given their perinatal histories. We hypothesized that perinatal complications would place boys at significantly greater risk for antisocial behavior during early adolescence and that participation in a preventive preschool program might circumvent this risk. Independent of maternal sociodemographic characteristics, boys with a history of perinatal complications showed no greater risk of reporting delinquency during early adolescence than their same-sex peers without a history of perinatal complications. Surprisingly, the program showed a beneficial effect on boys with no history of serious perinatal complications. Such boys were less at risk for delinquency. In the presence of a serious medical condition after birth, the benefits of the program decreased significantly to the point that it placed the boys at risk.