STATE LAW AND THE TERMINATION OF PARENTAL RIGHTS

This paper presents the findings from a content analysis of state laws authorizing the termination of parental rights. The analysis yielded a taxonomy of termination criteria and it identified those criteria that were most widely adopted by the states. State termination criteria were compared to those listed in the Adoption and Safe Families Act (ASFA) of 1997. The comparison shows that state laws identify more types of termination criteria than are listed in ASFA. In addition, criteria related to neglect and “parental failure” were often ambiguous and lacked detail. The study identifies possible directions for research on state termination law.     

THE EMERGING FORENSIC ROLE FOR WORK PRODUCT REVIEW AND CASE ANALYSIS IN CHILD ACCESS AND PARENTING PLAN DISPUTES

An emerging forensic service is that of conducting a work product review of a court‐appointed child custody evaluator's evaluation and report. If the reviewer determines there are serious deficiencies in the work product, then the reviewer will provide consultation to the retaining attorney and expert testimony. The reviewer usually is in a hybrid role of consulting/advising the retaining attorney, testifying, and educating the court. Ethical issues in providing forensic services and rebuttal testimony as a reviewer are discussed. Both reviewers and evaluators have a duty to be objective and balanced in their analyses of data and issues. Both types of experts should strive to be helpful to the court and try to serve the best interests of children. Ethical nuances involving review work are discussed. Evaluator and reviewer share the same dataset. Evaluators need to take care to keep a high quality case record with legible interview notes. Reviewers provide a monitoring function for the court or a function of forensic quality control so the court will not be misled by expert testimony of evaluators that is based on flawed data collection and/or analysis. A list of questions is presented for reviewers to use in scrutinizing the quality of the custody evaluation. A list of questions is presented for examining the quality of the reviewer's own work product. The importance of a case analysis and use of conceptual frameworks by evaluators and reviewers is discussed.     

Will physician unions improve health system performance?

In the public debate over the extension of collective bargaining rights to independent physicians, union proponents' primary argument has been that patients would benefit from allowing physicians to bargain collectively with health plans. This article examines the likely effects of physician unions on the U.S. health care system. Specifically considered are likely effects on economic efficiency, quality, access, and cost. Under none of these criteria are physician unions likely to improve health system performance, particularly when compared with available alternative strategies for dealing with problems identified by union proponents.     

Hindsight bias and third-party consentors to warrantless police searches

Research on hindsight bias indicates that awareness of event outcome influences how individuals interpret information and form judgments. We extend this earlier work to suggest that the effect of this bias on lay perceptions of third-party consent to warrantless searchers of residences may be contingent upon the presence verus absence of the search target(the suspect). A study using random assignment to experimental conditions in a between-subjects design explored this possibility. The experiment indicated that hindsight bias in perceived rights of the third-party consentor is influenced, not only by search outcome, but also by a web of overlapping and potentially competing social obligations and personal prerogatives, the salience of which is influenced by situational dynamics.Portions of this research were reported in a panel session at the 1989 meeting of the American Society of Criminology, Reno.     

Family violence: Its relation to marital and parental satisfaction and family strengths

Previous research has shown the negative effects of violence on individual family members. However, a review of the literature reveals few studies that document the adverse effects of violence on family relationships. To assess these effects, 304 married parents anonymously completed a survey that included the following scales: conflict tactics, family strengths, marital satisfaction, and parent satisfaction. Results indicated significant decreases in perceived family strengths, marital satisfaction, and parent satisfaction as the use of physical violence among family members increased. These findings provide empirical support for the assumption that violence has a negative impact not only on individuals within a family but also on family relationships.     

Does Nationality Matter? A Comparative Assessment of Perceptions Related to Litigiousness among Americans and Germans

Prior research has examined the salience of civil rights and freedom, core tenets of American life, and their impact on court accessibility and litigiousness. We extend this research by using a nationally representative sample of US and German residents to examine the impact of reported civic involvement and the perceived effectiveness of these activities on three outcomes related to litigiousness – use of a lawyer, seriously considering suing, and actually suing. The findings indicate that, with the exception of boycotting, civic involvement is not a significant predictor of litigiousness. Those who believe litigating is an effective way to participate in public life are more likely to litigate. Notably, Americans also are less likely than Germans to see litigation as effective and are substantially less likely to sue.     

‘Indirect amendment’: how the federal department of justice unilaterally alters the text of the constitution of Canada

Since 1957, the Department of Justice of Canada has regularly altered the wording of some sections of the Constitution Act, 1867 in its consolidated versions of the Constitution of Canada, even though neither the Westminster Parliament nor the Parliament of Canada had ever amended these provisions themselves or delegated to the executive the authority to make changes on their behalf. The Department of Justice refers to its practice of altering the text of the Constitution of Canada as ‘indirect amendment’. However, since the Constitution Act, 1982 states categorically that the Constitution of Canada can only be validly amended through one of its five amending formulas, the Department of Justice’s technocratic approach to ‘indirect amendment’ is almost certainly unconstitutional.?Either the Department of Justice should restore the original wording of the text of these sections in its subsequent consolidations of the Constitution Acts and relegate the updated figures or other commentary to explanatory footnotes. Alternatively, the Parliament of Canada should update these sections itself, directly, as a Section 44 Constitutional Amendment. The rule of law depends upon following the Constitution of Canada's amendment procedures properly.     

An Incidental Diffuse Midline Glioma Found at Autopsy

This case shows an unexpected midline glioma found at autopsy. Two siblings were riding on a single bicycle on the side of a road. The 13‐year‐old brother was seated and steering the bicycle, while the 14‐year‐old sister held onto the back. The bicycle veered left into traffic and was struck by a vehicle. The siblings were admitted to the local Level 1 trauma center, but both later succumbed to injuries. Autopsies were performed on the children, including brains for neuropathologic evaluation. The brother was found to have an infiltrating astrocytoma located in the left middle cerebellar peduncle, with extension to the pons and medulla. His hospital course included several imaging studies using CT and MRI modalities. However, this lesion was not identified until the postmortem neuropathologic examination. This rare case shows the continued need for postmortem autopsy and the current limitations of medical imaging.     

An Objective Measure of Splitting in Parental Alienation: The Parental Acceptance–Rejection Questionnaire

Both clinicians and forensic practitioners should distinguish parental alienation (rejection of a parent without legitimate justification) from other reasons for contact refusal. Alienated children—who were not abused—often engage in splitting and lack ambivalence with respect to the rejected parent; children who were maltreated usually perceive the abusive parent in an ambivalent manner. The purpose of this study was to assess the usefulness of the Parental Acceptance–Rejection Questionnaire (PARQ) in identifying and quantifying the degree of splitting, which may assist in diagnosing parental alienation. Results showed that severely alienated children engaged in a high level of splitting, by perceiving the preferred parent in extremely positive terms and the rejected parent in extremely negative terms. Splitting was not manifested by the children in other family groups. The PARQ may be useful for both clinicians and forensic practitioners in evaluating children of divorced parents when there is a concern about the possible diagnosis of parental alienation.