PROTECTING OUR CHILDREN FROM SEX OFFENDERS: HAVE WE GONE TOO FAR?

On July 27, 2006, U.S. President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act. This federal statute was created to serve as a tougher, more modern improvement of its predecessor in the ongoing effort to protect children from dangerous sexual predators. However, the Act did not amend the controversial federal mandate that all 50 states include the crimes of kidnapping and false imprisonment against a minor, committed by a nonparent, and without any sexual motivation or misconduct, as a crime requiring a wrongdoer to register as a sex offender. This Note demonstrates how the kidnapping and false imprisonment requirements of the Adam Walsh Act have led to a misuse of state sex offender registries to the detriment of the children they claim to protect. The solution that this Note proposes will provide each individual state with the freedom to decide how, if at all, these contentious offenses will fit into its sex offender registry, taking into consideration the state's unique statutory language, available child protective resources, and constitutional limitations. As a result, petty criminals who do not pose any real or specific threat to children will no longer be grouped with the most dangerous and violent sexual predators, child protective funds will be better utilized, and the public's attention will be refocused on the real threats to children, thereby satisfying the spirit and purpose of the Adam Walsh Act.     

Quality of Maternal Parenting among Intimate-Partner Violence Victims Involved with the Child Welfare System

Children are overrepresented in households with intimate-partner violence (IPV), and many suffer the double burden of being the subject of maltreatment and bearing the consequences of abuse to their mothers. Despite this situation, little information exists concerning parenting by women who have been abused by an intimate partner. We examine the relationship between women’s experiences with IPV and the quality of maternal parenting using data from the National Survey of Child and Adolescent Well-Being. The sample consisted of 1,943 female caregivers of children younger than 10 years investigated for child maltreatment. Women who had experienced IPV in the past but were no longer victims of IPV had significantly better parenting scores than women who were currently experiencing IPV, when other risk factors were controlled. This study adds to the evidence that IPV does not necessarily impair maternal parenting. Women abused by an intimate partner deserve a thorough assessment of what services they need: parenting services should be offered as warranted on a case-by-case evaluation of the particular woman’s parenting skills.     

The judiciary-based system of child support in Germany,France and Greece: an effective suggestion?

This article explores the legislative framework of child support and its enforcement in three European civil law countries. Since the CSA has been criticized for its lack of effectiveness, it is argues that possibly a judiciary-based system of child support may be more effective. However, the detailed analysis of the effectiveness of the enforcement mechanisms of child support payment in the judiciary-based systems of Germany, France and Greece prove, beyond doubt, that the problem of child support payment is not characteristic to the UK alone. It is argued that education rather than additional regulation lies at the heart of the effective solution.     

Symptom Patterns among Youth Exposed to Intimate Partner Violence

Children and adolescents exposed to intimate partner violence display a broad range of symptoms. We sought to differentiate symptom patterns and predictors of these patterns using a person-oriented approach. Previous cluster analysis research of exposed youth was extended to include youth PTSD symptoms and trauma history. Participants were 74 mothers who had received a police call for domestic violence, and who had a child between 2 and 17 years old. Cluster analysis was used to identify four symptom patterns among exposed youth: Typical, Asymptomatic, General Distress, and Acute PTSD. These patterns were replicated in separate cluster analyses with younger and older participants. Symptom patterns were differentiated by maternal distress, maternal aggression, and youth trauma history, but not by male partner aggression. Implications for assessment and treatment of youth exposed to intimate partner violence, and suggestions for further research, are discussed.     

An Investigation of a Community-based Intervention for Socially Isolated Parents with a History of Child Maltreatment

A randomized field trial was conducted to test the effectiveness of a community-based intervention to enhance the prosocial interaction and psychological well-being of urban, Head Start parents with a history of child maltreatment. One-hundred and sixteen socially isolated parents participated. Forty of these parents had a history of child maltreatment. Maltreatment and non-maltreatment parents were assigned randomly to intervention and control conditions. The intervention involved 10 group-training sessions focusing on the relationship between stress and social support. Analyses revealed a significant main effect for the intervention group with intervention parents reporting lower levels of stress and higher levels of social activity than controls. No main effects for maltreatment status or maltreatment by intervention group interactions were found. Implications for community-based treatment were discussed.     

Cognitive‐Behavioral Methods in High‐Conflict Divorce: Systematic Desensitization Adapted to Parent–Child Reunification Interventions

Children who are triangulated into their parents' conflicts can become polarized, aligning with one parent and rejecting the other. In response, courts often order families to engage mental health professionals to provide reunification interventions. This article adapts empirically established systematic desensitization and flooding procedures most commonly used to treat phobic children as possible components of a larger family systems invention designed to help the polarized child develop a healthy relationship with both parents. Strengths and weaknesses of these procedures are discussed and illustrated with case material.

Key Points for the Family Court Community
• Family law and psychology agree that children should have the opportunity to enjoy a healthy relationship with both parents
• Adult conflict can polarize a child's relationships, including rejection of one parent
• Existing clinical and forensic “reunification” strategies often prove inadequate
• Reliable and valid cognitive behavioral methods can be adopted to facilitate this process
• A cognitive‐behavioral “exposure‐based” reunification protocol is discussed

     

A Systematic Approach to Domestic Abuse–Informed Child Custody Decision Making in Family Law Cases

This article introduces an approach to domestic violence–informed decision making developed under the auspices of the National Child Custody Differentiation Project, a cooperative undertaking among the Battered Women's Justice Project, the Association of Family & Conciliation Courts, the National Council of Juvenile & Family Court Judges, Praxis International, and the U.S. Department of Justice Office on Violence Against Women. This approach has four essential elements: (1) identifying domestic abuse; (2) understanding the nature and context of domestic abuse; (3) determining the implications of abuse; and (4) accounting for the nature, context, and implications of abuse in all custody‐related recommendations and decisions.

Key Points for the Family Court Community:
• Applying a systematic approach to domestic violence can help practitioners identify, understand, and account for abuse in family law cases.
• The approach recommended here is suitable for use by anyone who is involved in a contested child custody case at any stage of the proceeding.
• The specific application of the recommended approach will vary depending upon the practitioner's role and function in the case, relationship to the parties, and access to information, as well as the nature of the proceeding and the issues to be decided.

     

Relationship Abuse and Victims’ Posttraumatic Stress Disorder Symptoms: Associations with Child Behavior Problems

This study examined associations among male-to-female physical and psychological relationship aggression, female partners’ PTSD symptoms, and behavior problems among the children (n = 62) of men enrolled in a treatment program for relationship abuse perpetration. Psychological aggression was a stronger predictor of child behavior problems than physical assault. Restrictive engulfment and hostile withdrawal behaviors evidenced the strongest bivariate associations with child behavior problems, and were the strongest predictors of this outcome when considering four distinct forms of psychological aggression together. Victim PTSD symptoms largely mediated the effects of psychological aggression on child behavior. Findings suggest that male-to-female psychological aggression and victim PTSD symptoms play an important role in understanding behavior problems among children living with male relationship abuse perpetrators. Portions of this work were presented at the annual convention of the Association for the Advancement of Behavior Therapy, New Orleans, Louisiana, November, 2004.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

CHOOSE TO HUG,NOT HIT*

This article discusses reasonable chastisement of children as a defense by parents to assault charges. It suggests that its continued retention contravenes the rights of children and the United Nations Convention on the Rights of the Child. It compares developments in various countries, such as the Scandinavian countries and New Zealand, where the defense has been abolished, as compared with the United States, United Kingdom, Canada, and Australia, where it has been retained. It suggests that its continued retention encourages bullying and violence in schools and in later adult life.