虐童行为的类型分析及刑法规制

鉴于虐童行为的复杂性，对虐童行为有必要从伤害的类型和侵害主体与被虐儿童的关系的不同视角进行类型分析。在现行刑法的规定面前，对幼师之类非家庭成员虐童但危害结果未达到轻伤害以上的行为，按寻衅滋事罪或侮辱罪定罪处罚都存在解释上难以跨越的障碍，只能按无罪处理。通过立法修改将幼师之类的情节严重的虐童行为入罪化确有必要。针对我国现行刑法对虐童行为规制存在的不足，借鉴域外立法经验，有必要单独增设虐待儿童罪。     

The Role of Supervision in the Retention of Public Child Welfare Workers

Abstract

Contrary to common belief, having a manageable caseload size may not be critical to the retention of child welfare MSW social workers. In this study of the retention of 765 title IV-E MSWs in public child welfare, support from supervisors emerged as a pivotal factor in employee retention. With analyses regressing retention and intent to leave public child welfare agencies, support from supervisors emerged as a predictor, but caseload size did not. The preliminary findings of qualitative interviews corroborated these results. This study corroborates literature indicating that support from supervisors enhances retention of specially trained child welfare workers.     

孤残儿童救助制度的问题及其对策

兰考火灾事件等一系列惨剧的接连发生,凸显了我国孤残儿童救助制度存在的诸多问题.本文从孤残儿童救助制度的历史演进和现状出发,分析目前我国孤残儿童救助制度在救助政策和机构职能等方面存在的诸多问题,并提出了完善我国孤残儿童救助制度的对策和建议.     

试论高觉敷对20世纪中国儿童心理学的贡献

高觉教毛重是我国名的心理学史家，同时他也在儿童心理学领域有着突出的贡献。本就其在译介国外儿童作、撰儿童心理学理论章、从事儿童心理与教育发展的具体研究等方面作一初步介绍一探讨，以肯定一代学术大师对２０世纪中国儿童心理学的巨大贡献。     

Lived citizenship as the locus of political agency in participatory policy

Participatory policies seeking to foster active citizenship continue to be dominated by a territorial imagination. Yet, the world where people identify and perform as citizens is spatially multifarious. This article engages with the tension between territorially grounded perceptions and relational modes of practicing political agency. Studying empirically the Finnish child and youth policies, we address jointly the participatory obligations that municipalities strive to fulfill, and the spatial attachments that children and young people establish in their lived worlds. To this end, we introduce the concept of lived citizenship as an interface where the territorially-bound public administration and the plurality of spatial attachments characteristic to transnational living may meet. We conclude by proposing a re-grounding of lived citizenship in both topological and topographical terms as an improvement in theoretical understanding of mundane political agency and as a step towards more proficient participatory policies.     

Australia's Children ‘Safe and Well’?1 Collaborating with Purpose Across Commonwealth Family Relationship and State Child Protection Systems

So ubiquitous is reference to collaboration in policy documents that it is in danger of being ignored altogether by service deliverers who are not clear about its rationale, how it is built, or its real value. This is evident in the child and family services context where for example the National Framework for Protecting Australia's Children calls for collaboration and a ‘shared responsibility’ across the state, Commonwealth and the non‐government sectors to keep children safe and well. This article describes a project undertaken to analyse and ultimately increase levels of collaboration between state and Commonwealth government family service providers. The research reinforced an important message that levels of collaboration should align with the vulnerability of children and their families: the greater the level of risks to children, the greater the level of collaboration needed within and between systems to keep children safe.     

EMPIRICAL ANALYSIS OF REFERRAL ISSUES AND “ULTIMATE ISSUE” RECOMMENDATIONS FOR PARENTS IN CHILD PROTECTION CASES*

Mental health professionals frequently respond to requests for clinical information on parents in child protection cases; however, little data exist on the issues precipitating requests or on the controversial practice of offering “ultimate issue” recommendations in forensic clinical reports. We investigated 243 requests for clinical information on parents and 204 clinician reports submitted for use in child abuse and neglect proceedings in a large, urban juvenile court system. We coded 56 objective and qualitative characteristics regarding referral questions, pending legal issues, and four levels of recommendations. We found that the most common referral questions related to service planning, parenting ability, and/or parents' mental health functioning, and the most common pending legal issues were selection or change of a permanency goal and visitation arrangements. Levels of recommendations varied with type of legal decision, in that clinicians always offered direct recommendations for narrow, statute‐based issues (e.g., termination of rights, adoption) and less so for other issues. Community‐based evaluators were more likely to offer direct recommendations than court‐based clinicians. Based on the findings, we offer practice recommendations and directions for further research in forensic parenting assessment.     

CONSULTANT CONDUCT IN ANTICIPATION OF A CHILD CUSTODY EVALUATION: ETHICAL AND SOCIAL DILEMMAS AND THE NEED FOR NEUTRAL PARENT EDUCATION

Mental health professionals are being retained with increasing frequency as “custody consultants” to prepare a parent for a child custody evaluation. While this practice may serve a legitimate function, no ethical guidelines clearly govern the conduct of a consultant in such circumstances. This lack of guidance has led to professional disagreement regarding the ethical implications of the practice. This ethical ambiguity is accompanied by social concern regarding the high cost of custody consulting, which has the practical effect of denying consulting services to low‐income or self‐represented litigants. This Note will describe the growing practice of custody consulting and the ethical and social unease currently associated with the practice. This Note will then propose that mandatory parent education programs be developed for parents preparing to undergo a custody evaluation. This type of educational program would provide many of the benefits of custody consulting in an ethically neutral fashion and would ensure that all parents have access to the benefits of this growing practice.     

母权—子权结构的理论及其价值

所有权就像母亲,定限物权如同子女,用＂母权＂和＂子权＂的概念及其相互关系表达,就是所有权是产生定限物权的＂母权＂,定限物权为所有权生出的＂子权＂。母权—子权结构的根源,从不同的视角可有不一样的描述及理论,如所有权与其权能分离的属性和原理,所有权的弹力性,所有权乃定限物权的母权等。所有权与其权能分离的属性及其原理,关注点在于所有权自身及其含有的权能,以及这些权能具有分离的性质和能力,至于权能分离后的去向,是否形成权利,形成何种类型的权利,则在所不问。所有权乃定限物权的母权,既关注权能的出处,又重视权能的去向,更强调所有权与定限物权之间的派生关系。所有权的弹力性没有关心权能分离形成定限物权,在这方面与所有权与其权能分离属性相同,但它概括了权能可以自所有权中分离出去又可以回归的现象,描述了所有权有时＂虚化＂有时＂圆满＂状态。