Ensuring Insurance for Foster Care: Requiring Foster Parents to Obtain Liability Insurance to Cover Harm Done to Foster Children in their Care

This Note proposes that all states should require that foster parents have liability insurance before children are placed in their care. This Note also proposes that the liability insurance needs to cover not just harm to third parties but also harm to the foster children through the negligent acts of the foster parents. This legislation will allow foster children to have standing to bring claims against their foster parents and insurance companies and give them a greater opportunity for recovery. Currently, the policies and statutes governing the policies in place do not cover all types of harm that can occur during the foster parent–child relationship. Certain policies leave children who are harmed by their foster parents’ negligence unable to recover any damages from the people who have harmed them. Because foster parents can be left to defend the actions themselves, they often become judgment proof due to their low income, leaving the children who are harmed with little chance of recovery.

Key Points for the Family Court Community:
• States need to require foster parents to obtain liability insurance, which covers harm done by the foster children to third parties, harm to the home, and any harm done to the child by the foster parents.

     

Intensive psychological treatment of high-risk violent offenders: Outcomes and pre-release mechanisms

Research on correlates of intervention programmes that reduce expected reconviction rates (‘what works’ literature, Risk–Need–Responsivity model) has been highly influential in criminal justice systems throughout much of the western world. But while this psychological research has been acquiring widespread recognition, a deeper understanding of how programmes work and of mechanisms for desistance more generally, has still to develop. This research reports results of a quasi-experimental recidivism outcome study for a series of prison units that provide intensive psychological treatment to high-risk, persistently violent prisoners. Four outcomes were examined over the first 12 months following release on parole: parole violations, new convictions, new convictions for violence, and imprisonment sentences resulting from new convictions. Alongside these results, we conducted preliminary analyses of two potential pre-release mechanisms for surviving the first 12 months on parole without reconviction: lower dynamic risk for violence, and greater release readiness. We found that dynamic violence risk fully accounted for differences between treatment completers and comparison prisoners in proportions reconvicted for violence. However, in all other cases, the proposed mechanisms did not significantly explain treatment-related differences. We close by considering possible explanations for these unexpected results, and reiterating the importance to our field of more sophisticated treatment outcome research.     

The Priority of Liberty: An Argument from Social Equality

John Rawls’s thesis that a certain package of basic liberties should be given lexical priority is of great interest for legal and political philosophy, but it has received relatively little defense from Rawls or his supporters. In this paper, I examine three arguments for the thesis: the first is based on the two ‘moral powers’; the second, on the social bases of self-respect; and the third, on a Kantian notion of autonomy. I argue none of these accounts successfully establishes 1) the distinct claim of lexical priority, 2) for the complete package of basic liberties (including the fair value of the political liberties), on the basis of reasons that are appropriately public. In turn, I propose an alternative argument, in support of those two claims, based on the social or ‘relational’ conception of equality.

     

Emotional Distress,Drinking, and Academic Achievement Across the Adolescent Life Course

Our study of the adolescent life course proposes that substantial maturation occurs within three intertwined arenas of development: the social, the psychological, and the normative attainment. Further, each arena may be linked, respectively, to three youth problem dimensions: drinking, depressive affect, and academic achievement. We use latent growth curves and the Youth Development Study (effective N = 856) to track a panel of teens from their freshman to senior year in high school. There are 54.4% girls and 45.6% boys, and 75.7% non-Hispanic whites and 24.3% other races/ethnicities. Two research goals are addressed: (1) estimate each dimension’s unique developmental trajectory across high school, and (2) model the dimensions together in order to assess their reciprocal influences. While mean levels in all three dimensions increased over time, distinct developmental patterns were observed, especially in drinking and depression. For example, more drinking occasions—a social activity for most teens—may help assuage some teens’ emotional distress, especially girls’. These patterns suggest a synergistic relationship between the social and psychological arenas of development. Contrary to expectation, higher freshman depressive affect was associated with a significantly sharper increase in GPA over time for girls.

New Zealand's special treatment units: the development and implementation of intensive treatment for high-risk male prisoners

In the late 1980s, New Zealand developed two highly innovative residential treatment programmes for serious offenders that blended together the strengths of structured cognitive behavioural group programmes and therapeutic community approaches. Since the mid-1990s this hybrid model – recently advocated as a fruitful direction for future offender programme development – was adopted and further refined for use in New Zealand's four high-risk special treatment units (HRSTUs). We outline the HRSTU model, noting the challenges and potential benefits of providing an intervention that integrates therapy, resocialisation and reintegration experiences for high-risk, high need, low responsivity clients: many with significant psychopathic features. On average, the majority of those referred to HRSTUs complete the programme and make small but significant amounts of change on important treatment goals. But most changes remain tentative, suggesting the importance of more supportive aftercare. Although an earlier evaluation of the first unit to open found the programme to be modestly effective in reducing recidivism, an outcome evaluation currently underway will help establish whether improvements since that time are associated with reductions in disciplinary infractions and recidivism.