Judicial Oversight of Parental Visitation in Family Reunification Cases

This article explores the issue of visitation between a child and parents in the context of child protection proceedings, addressing the following areas: 1) the importance of visitation in the context of family reunification; 2) the results of an informal study of visitation practices in several jurisdictions; 3) the law relating to visitation in child protection proceedings; 4) some best practices that have been identified by commentators; 5) the role of the judge regarding visitation issues; and 6) some recommendations for judges and court systems regarding visitation. The article concludes that visitation between a child and her parents often occurs too infrequently; as a result, the relationship between the child and parents can be damaged, the child can suffer further trauma, and the chances for successful family reunification may be reduced. Finally, judges and social service agencies can and must improve both the quality and quantity of parent‐child visitation.     

Protecting and Supporting Children in the Child Welfare System and the Juvenile Court

The impact of childhood trauma can be substantial and long term. Prevention of additional trauma should be the guiding principle for all professionals working with children in the child welfare and juvenile court systems. This article addresses ways these two systems can protect and support children before they enter the courtroom. This is accomplished by obtaining, sharing, and utilizing a complete trauma history on the child, as well as putting measures in place to protect against system‐generated trauma. It will also address how to reduce the trauma associated with testifying using psycho‐educational programs, and involving a caring, sensitive judge.     

The State of the Debate About Children's Disclosure Patterns in Child Sexual Abuse Cases

In current research studies about the disclosure patterns of sexually abused children, experts agree that most victims delay disclosure for years, often until adulthood. Researchers disagree about disclosure rates and recantation rates among children during formal interviews. Studies of children who had not previously disclosed but are known through corroborative evidence to have been sexually abused show lower rates of disclosure than do studies of children who had disclosed prior to the formal interview. Gradual disclosures among children are common, and more than a single interview may be necessary in some cases. Prior disclosure, level of support by non‐offending parents, developmental level, and relationship to perpetrator affect children's rates of disclosure and their disclosure patterns. More research is necessary to clarify children's post‐disclosure recantation rates and predictors.     

When the Bough Breaks the Cradle Will Fall: Promoting the Health and Well Being of Infants and Toddlers in Juvenile Court

Approximately one‐third of the children in the child welfare system are under the age of six. These children are almost invisible in our juvenile courts. It is now clear from the emerging science of early childhood development that during the first few years of life children develop the foundation and capabilities on which all subsequent development builds. Living in emotional and environmental impoverishment and deprivation provides a poor foundation for healthy development. These very young and vulnerable children are exhibiting disproportionate developmental and cognitive delays, medical problems, and emotional disorders. However, there is growing evidence that early planned interventions can help. The juvenile court must take a leadership role in focusing on the very young child and learning more about risk, prevention, and early intervention in order to facilitate the healing process.     

Pathways from Traumatic Child Victimization to Delinquency: Implications for Juvenile and Permanency Court Proceedings and Decisions

Research studies and observations by mental health and judicial professionals suggest that childhood traumatic victimization may contribute to the development of juvenile delinquency. Based on this evidence, we describe a chronological pathway that runs from: (a) early childhood victimization, to (b) escalating dysregulation of emotion and social information processing (“survival coping,” which takes the form of depression, anxiety, social isolation, peer rejection, and conflicted relationships), to (c) severe and persistent problems with oppositional‐defiance and overt or covert aggression compounded by post‐traumatic reactivity and hypervigilance (“victim coping”). A case vignette is provided, and implications for judicial review and decisions are discussed.     

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.     

Child Abuse,Neglect, and Dependency Mediation Pilot Project

The Adoption and Safe Families Act of 1997 (ASFA) established a goal of one year from removal to permanence for all children taken into protective custody. When the Family Court of Mecklenburg County (Charlotte), N.C., opened its doors in 1999, more than half of the children in the protective custody of the Department of Social Services had been in custody for 12 months or more. Innovative approaches were needed to provide children in Mecklenburg County with a safe and permanent home in a more timely manner. The Child Abuse, Neglect, and Dependency Mediation Pilot Project was one approach selected by the Mecklenburg County Family Court to help achieve ASFA's goal of one year to permanence. This article details the court's two‐year journey to make dependency mediation a reality.