A NEW LOOK AT AN OLD ISSUE:

In 1997, the Office of Child Support Enforcement initiated the State Child Access and Visitation (AV) Grant Program, which involves annual awards of $10 million to states to promote the development of programs to alleviate access problems. Telephone interviews with 970 parents who used mediation, parent education, and supervised visitation programs funded by AV grants in nine states revealed that the programs are reaching diverse groups of parents including many low-income, non-White, and unmarried parents who receive no other type of access assistance. The programs also appear to be achieving the major objectives posited for them by the federal government. One-third to one-half of noncustodial parents in every program type reported that parent–child contact increased following program participation, with supervised visitation users who typically had the lowest levels of parent–child contact reporting a significant increase in the number of days of contact. A review of child support records for 173 program users in three states revealed that child support payments increased among participants following program participation, especially for never-married parents who paid a significantly higher proportion of what they owed. These findings are similar to results reported in a five-state study of mediation programs funded by AV grants that was conducted by the Office of the Inspector General. However, both studies have some serious limitations, including low response rates and the absence of a nontreatment comparison group.     

SUPERVISED VISITATION: A CALL FOR A SECOND GENERATION OF RESEARCH

With the divorce rate rising and related child visitation disputes becoming an increasingly difficult issue before the courts, supervised visitation programs have proliferated over the last decade. The literature demonstrates that ongoing contact between children and both parents following separation and/or divorce is important for children's socio‐emotional adjustment and positive child/parent relations. However, there is a paucity of literature demonstrating a relationship between supervised visitation programs and child/parent relationship outcomes. Based on the lack of outcome research the authors argue for a second generation of research regarding intended and unintended consequences of supervised visitation. This article reviews and synthesizes the current literature, highlighting strengths, limitations, significant findings and proposes a critical need for evidence‐based research.     

婚姻家庭法中的儿童最大利益原则

儿童最大利益原则是《儿童权利公约》中规定的原则,是保护儿童权利的根本准则。它确立了一个重要理念,即涉及儿童的所有行为均应以"儿童的最大利益"为首要考虑。婚姻家庭法中如何体现该原则,现行法律存在较多疏漏,尤其在离婚后父母对未成年子女监护权和探视权的行使方面仍然存在许多需进一步完善的地方。     

论探望权

2001年新修订的《婚姻法》第38条规定:“离婚后,不直接抚养子女的父或母,有探望子女的权利,另一方有协助的义务。行使探望权利的方式、时间由当事人协议;协议不成时,由人民法院判决。”可以说,探望权的明确规定,是我国婚姻家庭立法的一大进步,它一方面为父母亲权的行使提供了法律保障;另一方面也更有利于父母离异的未成年子女健康成长。然而,我国《婚姻法》对探望权的规定仍然过于笼统,许多问题还需进一步的澄清和完善。     

论单位犯罪过失的特殊性

单位犯罪过失的特殊性体现在单位意志的认定、单位应当预见的内容、单位预见可能性判断标准和单位监督过失等方面。单位意志的认定可以从决策机构、决策程序和利益归属三方面进行考量。基于单位特殊的认识能力和意志能力,单位应当预见刑法规定的具体危害结果,对预见可能性的判断标准也应采用“客观说”。单位监督过失不仅存在于单位未恰当履行对成员的选任监督义务的场合,也存在于单位怠于确立合理的管理体制、规章制度的场合。     

Predictors of Early Engagement in Home Visitation

Predictors of engagement in mothers receiving home visitation in the first year of service was examined. Early engagement was studied in three ways: (1) length of time active in the program during the first year of service (duration), (2) number of visits received (quantity), and (3) gaps in service between visits (consistency). Examined visits received in 515 first-time mothers in a Healthy Families America (HFA) program. Parameters of engagement were investigated, and predictors of engagement were identified using demographics and the Kempe Family Stress Inventory. Inclusive of the Assessment Visit, 31.8% of mothers disengaged prior to the first month of service. Remaining active in the program was associated with being Caucasian, and increased parenting risk (mental health/substance abuse history, low social support, increased stress). Most mothers had fewer home visits than prescribed. Gaps in prescribed service were common, with 89.4% of mothers experiencing gaps between visits of 1 month, and dropping to 16.4% having gaps of 2 months. In contrast to findings from clinic-based interventions, early engagement in home visitation is associated with lower levels of functioning and acute needs. These findings add to a growing body of literature suggesting that increased adversity promotes engagement in prevention programs in general, and home visitation programs in particular. To the extent that mothers who are actively engaged in home visitation are likely to have increased psychosocial needs, curricula may require modification and augmentation to address these needs and optimize program effectiveness.     

Managing children's and adolescents' medical complaints amid parent conflict: Strategies and tools for professionals

Children and adolescents who are having difficulty coping with stress often present with complaints of physical discomfort. Effective treatment approaches exist for many of these issues. Among high-conflict parents, however, children's medical issues can become another canvas for conflict, with parents focused more on blaming one another for the child's distress than on options for assisting the child. Professionals can be drawn into the conflict to such a degree that they overlook essential steps for addressing and managing these issues. The authors present a research-informed model for managing medical and psychophysiological issues amid parental conflict.     

Assessing Empowerment in Divorce Mediation

The empowerment of disputants is a fundamental concern of mediation research, but empowerment is difficult to measure. This study operationally defines empowerment in a divorce case as an agreed-upon modification of the Texas Standard Possession Order in the direction of granting more time with the child to the noncustodial parent. Using a cross-case analysis of mediated and nonmediated divorce cases, this study found that couples that participated in mediation were empowered, not disempowered, in the construction of their visitation arrangements. Implications for measuring empowerment, litigation, and legislative policy are discussed.     

Prison visitation as human ‘right’ or earned ‘privilege’? The differing tales of England/Wales,and Scotland

Prison visitation has been widely recognised as an important feature of a just and humane prison system, providing important benefits for prisoners and their family in maintaining ties. However, emphasis on maintaining prisoner–family ties over the sentence has remained a low priority for the prison service in England and Wales, with prison visits ideologically framed as a ‘privilege’ rather than a ‘right’ for prisoners. This paper contrasts England and Wales with Scotland where a diverging approach to supporting visitation and family contact has been implemented. In Scotland, a strong focus on human rights as a justification for these policies has occurred, in tandem with more palatable historical context of penal welfarism. This paper assesses differences between the two governmental approaches to prison visitation, situated in discussion of some of the broader resettlement outcomes which may be garnered via these policy responses.     

Classification Improvements in Automated Gunshot Residue (GSR) Scans

Classification of particles as gunshot residues (GSRs) is conducted using a semiautomatic approach in which the system first classifies particles based on an automatic elemental analysis, and then, examiners manually analyze particles having compositions which are characteristic of or consistent with GSRs. Analyzing all the particles in the second stage is time consuming with many particles classified by the initial automated system as being potentially GSRs excluded as such by the forensic examiner. In this paper, a new algorithm is developed to improve the initial classification step. The algorithm is based on a binary tree that was trained on almost 16,000 particles from 43 stubs used to sample hands of suspects. The classification algorithm was tested on 5,900 particles from 23 independent stubs and performed very well in terms of false positive and false negative rates. A routine use of the new algorithm can reduce significantly the analysis time of GSRs.