Prisoners' Families and the Regulation of Contact

This article explores HM Prison Service policy and the impact of case law on the rights of prisoners to family contact. First, state provision and policy for prisoner-family contact is reviewed and the constraints imposed on contact over the past decade are explored. A number of legal challenges to these constraints have been made recently and, drawing on domestic case law and challenges in the European Court of Human Rights we explore the nature of prisoners' rights of contact in prison. This analysis shows that while fathers' rights for indirect contact are upheld, their rights are not respected as much as those of mothers in cases of direct contact and also that men unable to establish family life have their rights further eroded. Drawing upon empirical research findings as well as case law, the relationship between the Prison Act 1952 and the Children Act 1989 is considered and policy recommendations are put forward.     

Breaking The Cycle Of Intergenerational Child Maltreatment: A Case For Active Efforts For Dependent Minor Parents And Their Children In State Custody

Dependent minor parents placed in foster care with their children often face significant hurdles. These parents are responsible to make caregiving decisions for their children, while they themselves fall under the caregiving responsibility of the state child welfare system. As such, dependent minor parents live in a “twilight zone” – they hold full parental rights, but limited rights as teenagers. For a number of reasons, the children of minor parents in foster care often come into state custody. When two generations are in foster care at the same time, states must balance the safety and best interests of the children with the rights of minor parents to care for their own children. Currently, the state child welfare system is only required to provide “reasonable efforts” to reunify parents with children when they have been removed from their care for abuse, neglect, or dependency. However, dependent minor parents in state custody often require more supportive services in order to successfully reunify with their children than in a typical child welfare case. This article places the circumstance just described in the context of dependent minor parents’ constitutionally protected rights, and advocates for a higher standard which would require states to provide “active efforts” to protect and preserve these young families.     

Kinship Guardianship,Adoption, and Foster Care: Outcomes from a U.S. National Sample

Using data from a national longitudinal survey of children referred to child protective services (NSCAW II), this article compares behavioral, child/caregiver relationship, and school performance outcomes for children residing in kinship and nonkinship settings. Up to three waves of data were gathered for each child. The analysis sample comprises 4,202 children and 10,881 observations. Two sets of regressions were completed. One represents family living settings using child-mean centered predictors while the other does so with dummy-coded variables. An advantage of the child-mean centered predictors is that omitted variables that vary between children but that are constant within each child do not introduce bias. The regressions using dummy-coded variables evidenced, on balance, somewhat better outcomes for kinship settings than for nonkinship ones. Good outcomes in these regressions were found for kinship adoption. Results with the child-mean centered regressions were more equivocal, though perhaps still favored kinship settings. Limitations and policy recommendations conclude the article.     

Sexual Orientation,Gender Identity,and Adoption Law

The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents continues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexual orientation, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights, highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption‐agency personnel working with LGBTQ clients.