FAMILY/CHILD JUDICIAL DISPUTE RESOLUTION (JDR)

This article outlines the Pilot Project in Pre-trial Judicial Settlement Conferencing in Family and Child Welfare/Protection Matters, which was designed and implemented by the authors, The Honourable Judge Nancy A. Flatters of the Provincial Court of Alberta, Family and Youth Court, at Calgary. The article also outlines the basis, rationale, and development underlying this emerging nontraditional judicial approach to the resolution of these disputes and the resulting settlement outcomes.     

Nonsectarian welfare statements

How can we measure whether national institutions in general, and regulatory institutions in particular, are dysfunctional? A central question is whether they are helping a nation's citizens to live good lives. A full answer to that question would require a great deal of philosophical work, but it should be possible to achieve an incompletely theorized agreement on a kind of nonsectarian welfarism, emphasizing the importance of five variables: subjective well‐being, longevity, health, educational attainment, and per capita income. In principle, it would be valuable to identify the effects of new initiatives (including regulations) on all of these variables. In practice, it is not feasible to do so; assessments of subjective well‐being present particular challenges. In their ideal form, Regulatory Impact Statements should be seen as Nonsectarian Welfare Statements, seeking to identify the consequences of regulatory initiatives for various components of welfare. So understood, they provide reasonable measures of regulatory success or failure, and, hence, a plausible test of dysfunction. There is a pressing need for improved evaluations, including both randomized controlled trials and ex post assessments.     

Changing Attitudes about the Weak: Social and Legal Conditions for Animal Protection in China

ABSTRACT

The foundation of current legal protection for animals in China is based on the principle of “rational utilization.” This utilitarian attitude supports the exploitation of animals through the legal means of resource management. However, through a process of public education and the construction of recent legislation, attitudes toward animals are rapidly changing in China. After the introduction of the concept of animal welfare in China in 1989, preliminary socioeconomic events such as early laboratory animal science, animal cruelty reports, pet ownership, engagement in international trade, and the severe acute respiratory syndrom (SARS) epidemic helped spur a trend away from a purely utilitarian attitude toward more positive associations with animals among members of the Chinese public. This phenomenon will be analyzed through the actions of non-governmental organizations, the media, academia, and international business to influence education and the development of legislation to promote animal protection practices. In addition, recent events will be used to illustrate political realities in China that impede the full promotion of animal welfare protection.     

Support seeking,system avoidance,and citizenship: Social safety net usage after incarceration

Scholars have long described the American penal state and welfare state as joined by a common logic of social marginalization. But researchers have only recently begun to explore how the individuals who pass through the carceral system also interact with welfare state programs. Using data from the National Longitudinal Survey of Youth 1979, in this article, I explore how formerly incarcerated individuals make claims on the welfare state and how participation varies across social programs and states, as well as by race, drawing on theories of social welfare rights-claiming and system avoidance. In so doing, I provide the first nationwide estimates of the extent to which previously incarcerated adults use social safety net resources. I find that participation in welfare programs varies with incarceration history, program structure, and race. Rather than finding patterns consistent with system avoidance, I find that previously incarcerated White Americans seem to engage in active rights claiming, participating in public assistance programs more than similarly eligible never-incarcerated counterparts. All formerly incarcerated individuals, however, have limited access to more generous social insurance programs, and the shift to an increasingly employment-based social safety net seems likely to further limit access to the welfare state for the growing population of Americans leaving prison.     

试论我国环境公益诉讼的制度构建

环境公益诉讼制度在保护环境方面是很重要的一种司法救济制度,而我国现行法律缺少相关的立法规定。应当依据我国的现行相关法律规定并借鉴国外的相关立法,探索正确的构建思路,通过确立我国环境公益诉讼制度来实现环境保护的社会目标。     

行政公益诉讼启动程序

一、行政公益诉讼启动程序的模式选择 如何启动行政公益诉讼程序,世界各国有不同的做法。根据公民提起诉讼要不要先经过有关机关审查为标准,可分为“直接起诉”和“前置审查起诉”。大陆法系国家多采用直接起诉模式,但对于直接起诉的具体操作机制,也有不同的规定。德国的宪法诉讼规定,任何公民,只要以为某项法律侵犯了宪法保障的权利,无论侵权案件是否发生．也不论是否涉及到本人的利益,都能提起这种诉讼。日本《地方自治法》规定了居民诉讼,但要求须先向检察委员会提出检察请求,对于检察委员会及公共团体的对应措施仍然不服,才可以提起居民诉讼。未提起检察请求者,可以参加诉讼,但不能成为原告。     

Embedding the Notion of Child- and Family-Centered Care into Organizational Practice: Learning from Organizational Visioning

Child- and family-centered care has permeated the practices of child welfare as a means to address fragmentation. Case management appears promising, but the approach is still in its infancy. This article aims to provides an understanding of the emergent organizational vision of a new approach to case management at multiple organizational levels. The authors conducted a case study on the implementation of Intensive Family Case Management in a Dutch organization that provides child and youth protection services. The focus is on the continuous and bottom-up process of visioning, which has helped to define the shared organizational vision. The key finding was an emerging, widely shared vision that is congruent at many organizational levels and that contrasts starkly with the old work approach. The conclusion is that innovative child- and family-centered approaches to case management are inherent to a multi-level organizational system that is consistent with the approaches it advocates, being embedded in organizational structures and embodied in practitioners’ mindsets.     

Characteristics of Youth Remaining in Foster Care Through Age 19: A Pre- and Post-Policy Cohort Analysis of California Data

This study examined factors associated with youth remaining in extended foster care. Cohorts of youth in care in California at age 17 years were defined for the period from 2003–2012. Multivariable generalized linear models documented factors associated with remaining in care through age 19. Findings indicate that: a) the population of youth in care at age 17 has declined over time; b) youth in care at age 17 in 2012 were qualitatively different from those a decade earlier; c) a larger proportion of youth who do not exit to permanency are remaining in extended foster care; and d) although the characteristics of youth who remain in foster care as non-minor dependents continue to vary relative to those who age out, differences have diminished. Findings highlight the potential to target subgroups of youth who may benefit from the extension of care but are remaining in care at lower rates.     

Evaluating the Cultural Fit of an Approach for Practice Model Development for Tribal Child Welfare

Three American Indian tribes utilized Business Process Mapping (BPM) as a tool to develop culturally-based tribal child welfare practice models. This study employed a multi-methods design to evaluate the cultural fit of BPM when used in tribal settings. Findings indicated that although programs considered BPM a “mainstream” intervention, each still found the process to be an effective means of creating models reflecting child welfare practice within tribal cultural contexts. Findings further suggested that BPM can, however, benefit from examination of how it might better articulate cultural values and norms, as well as differences between tribal and mainstream child welfare approaches.     

T.H. Marshall and his critics: reappraising ‘social citizenship’ in the twenty-first century

T.H. Marshall's concept of ‘social citizenship’, developed in the 1949 lecture ‘Citizenship and Social Policy’, remains a vital study of welfare in developed nations. However, Marshall's social citizenship has come under attack as undermining civil liberties, or falling short of offering real equality to marginalised groups. This article returns to Marshall's lecture to show that he was in fact aware of such problems, but nonetheless held the provision of social rights to be a valuable normative project. Furthermore, this article argues that a new social citizenship, incorporating collective rights claims, could present a strong challenge to neoliberalism in contemporary welfare debates.