Child Welfare, Child Protection

The termination of parental rights of parents with mental disabilities is a growing and crucial issue.  In 2010, an estimated 45.9 million adults in the U.S. had experienced a mental illness in the past year. This represents 20% of the adult population.  More than five million children in the U.S. have a parent with a serious mental illness such as schizophrenia, bipolar disorder, or major depression.  Courts and child welfare systems too often assume that a parent is not amenable to treatment and is a danger to his or her child when strong symptoms of mental turmoil surface.  Some studies report that as many as 70 to 80% of mentally ill parents have lost custody.  Public systems are overwhelmed by this matter in an era of shrinking resources for such systems.  However, often parents with mental health needs are willing to accept treatment, are able to participate in programming, and are worthy of regaining custody. 
• There are gaps in federal and state law on this issue.  The federal Adoption and Safe Families Act (ASFA) requires that state child welfare agencies and courts make “reasonable efforts” towards family reunification before the termination of parental rights (TPR) can take place.  However, federal statutes and case law provide little guidance to states about what “reasonable efforts” means, and states have been left to interpret that concept individually.  Many state statutes even enable a “bypass” of the “reasonable efforts” standard when “clear and convincing” evidence allegedly shows that a parent's mental condition cannot be changed.  Many states likewise place unjust, statutory and common law time limits on family reunification efforts in TPR cases. 
• Gaps in legal scholarship are also evident here.  Legal scholars have begun to discuss the inadequacy of reunification services for mentally challenged parents, the tenuous link between mental health services and child welfare agency action, the need for enhanced attorney and child welfare worker preparation in this arena, and a need for cultural competence in reunification services.  Others have even suggested that there be a rebuttable presumption in favor of family reunification.  However, those discussions lack a sound theoretical basis and a practical application of solutions. 
• As is featured in previous work of this author, a new theoretical framework of Family Systems Theory-- which is utilized in clinical behavioral health and human rights arenas-- must first be applied.  Under this theoretical framework, the vague and outdated “best interests of the child” standard, which is a legal standard used exclusively in family law cases, must be replaced with a more sound standard of “holistic family wellbeing.”  Vulnerability Theory can add credence to this theoretical framework.
• The discussion of reunification services for families featuring parents with mental disabilities should then be conducted utilizing Family Systems Theory and a legal standard of “holistic family wellbeing.”  Under these circumstances, the “family integrity” defended by our highest courts through the “reasonable efforts” provision should be upheld through the delivery of highly effective family reunification services.  The application of Family Systems Theory ultimately requires reform in the law, service delivery, and professional practice.  State and federal legislators must revisit the “reasonable efforts” standard, to include specific statutory language about the types of reunification services required and the need for flexible timelines.  Courts, child welfare agencies, and service providers need to deliver proven reunification services and coordinated mental health treatment.  In specific court cases, attorneys for the parent(s), the child(ren), and the state should focus on “holistic family wellbeing” utilizing collaborative family law and alternative dispute resolution, while advancing the agency of their clients.  Child welfare workers and practitioners likewise require training in advanced methods of conflict resolution and clinical practice.  These recommendations can ensure more effective family law practice and more successful family - serving systems.

Denne artikkelen tar for seg resultatene av en undersøkelse av organisasjonsmessige endringer i barnevernet i Norge de siste årene. Dataene bygger på intervjuer med ledere og mellomledere ved tre barnevernskontorer og sammenlignes med funn fra tilsvarende undersøkelser. Undersøkelsen viser at endringene kan identifiseres med elementer som inngår i aksepterte definisjoner av New Public Management. Selv om de enkelt endringene til dels er vidtgående, kan de vanskelig sies å være uttrykk for en helhetlig administrativ reformpolitikk. Artikkelen tar særlig for seg reformer som har betydning for brukernes medvirkning og nytte av tjenestene. En foreløpig konklusjon går ut på at impulsen til styrket brukermedvirkning synes å komme fra de profesjonsansatte selv snarere enn fra overordnete instanser.

The precursors to and process of termination of parental rights (TPR) proceedings in parents with mental disabilities require examination because previous scholars have not approached this matter with the correct framework. The effects of mental illness on parenting must be explored because mental illness does not lead to de facto child abuse. An application of Family Systems Theory — which is highly utilized in clinical arenas and social work — requires the use of a legal standard of “holistic family wellbeing” in TPR proceedings, rather than the vague, outdated standard of “the child’s best interests.” An in-depth discussion of the origins, nature, and current human rights applications of Family Systems Theory reveals a natural fit with family law cases in general and with TPR in particular. Applying the “holistic family wellbeing” standard would make a more clinically and ethically sound determination about maintaining or severing family bonds, especially with the mentally challenged population. These concepts move the field towards cutting-edge family law practice.

The termination of parental rights in parents with mental challenges is a growing and crucial issue. In 2010, an estimated 45.9 million adults in the U.S. had experienced a mental illness in the past year. This represents 20% of the adult population. More than five million children in the U.S. have a parent with a serious mental illness such as schizophrenia, bipolar disorder, or major depression. Courts and child welfare systems too often assume that a parent is not amenable to treatment and is a danger to his or her child when strong symptoms of mental turmoil surface. Some studies report that as many as 70 to 80% of mentally ill parents have lost custody. Public systems are overwhelmed by this matter in an era of shrinking resources for such systems. However, often parents with mental health needs are willing to accept treatment, are able to participate in programming, and are worthy of regaining custody.

Young people leaving care have been the subject of international research in the last decade, whilst in Africa studies are still few.  The ability of young people to transition successfully from institutional care to independent living in society has become a policy concern which includes recommendations to treat institutional care as a last resort or looking for alternatives other than the institution for placement. This is because of the documented poor outcomes of care leavers internationally and in Sub-Saharan Africa. This study explored the factors influencing the transition from care to independence in Harare, Zimbabwe. Utilising qualitative research methods and thematic analysis, the study identified a number of factors that affect young people from the view of social service professionals and residential care workers.  Respondents were purposively selected and data was collected using semi-structured interviews, an online focus group and the use of observation. In Zimbabwe, the social service system has been affected since 2008, by the economic crisis and the effects of poverty and hardship has trickled down to affect the most vulnerable children and young people.  The study found a number of factors which influence young people’s transitions from care in Harare. Among these were the young person’s previous circumstances, the role of the Department of Social Services, the role of the institution and the expectation of instant adulthood. Other contributing factors such as the capabilities of the young person and relationships with caregivers were mentioned by the respondents. The study made recommendations for more successful transitions from institutional care which include; recognising that care leavers are not a homogenous group and the need for improved knowledge of care leaver outcomes and transition processes for residential caregivers.

Key words: care leavers, institution, independence, mainstream society, social services, transitions, residential care, young people.

This study documents the child welfare experiences of youth who are LGBTQ and their perspectives on how these experiences influenced their housing instability and homelessness. Youth detailed incidents of gender segregation, stigmatization, isolation, and institutionalization in child welfare systems that they linked to their gender expression and sexuality, which often intersected with being a youth of color. The youth described these incidents as contributing to multiple placements and shaping why they experienced homelessness.

Bab ini mengkaji pemenuhan hak pendidikan bagi narapidana anak. Topik ini dianggap penting mengingat, selama dalam masa tahanan, narapidana anak tidak dapat mengakses pendidikan di luar lembaga pemasyarakatan (Lapas). Di sisi lain, hak pendidikan merupakan salah satu hak dasar yang harus dipenuhi. Tulisan ini disusun berdasarkan hasil studi kualitatif yang dilakukan terhadap narapidana anak di Lapas Kelas IIA Samarinda. Pengumpulan data dilakukan dengan observasi dan interview terhadap narapidana anak dan petugas Lapas. Hasil penelitian menunjukkan bahwa terdapat variasi pemenuhan hak pendidikan bagi narapidana anak. Variasi tersebut terlihat antara kategori pendidikan formal dan informal maupun antar jenjang pendidikan (Paket A, B dan C). Studi ini juga menemukan bahwa penerimaan anak terhadap program pendidikan yang diselenggarakan Lapas sangat bervariasi. Narapidana anak juga merasa tidak diberi ruang untuk menyampaikan aspirasi terkait kegiatan yang sesuai bagi mereka. Hadirnya partisipasi anak dalam berbagai kegiatan Lapas lebih karena adanya paksaan. Kata kunci: hak anak, pemenuhan hak pendidikan, narapidana anak

In the past five years, technology-related distracted behavior while caring for children, such as compulsive smartphone checking and tablet overuse, has come under increasing public scrutiny. Social science research shows that these technology-related behaviors harm children. Children suffer physical harm, cognitive damage and emotional trauma as a result of distracted caregiving. The problem is heightened in daycare businesses, which employ low-paid, contingent workers from the most technologically " wired " generation: Millennials. In addition, the owners and directors of these businesses can easily cover up the injuries to children by satisfying minimal state-mandated reporting requirements. Unfortunately, state regulatory agencies have been slow to respond to this problem, acknowledging the danger it poses to child welfare, but taking little action other than to recommend that daycares adopt and enforce workplace smartphone-use policies. Addressing the problem of distracted caregiving in daycares demands a more holistic approach.

Parenting Capacity Assessments (PCA) are used by child protection workers to assist in determining the
ability of a parent to care for their children. They may be used at various stages of the case
management process but these assessments serve as powerful tools for decision making by these
workers. They can also be introduced in court as part of expert testimony. Most PCAs utilize
psychometric assessment measures to elicit data in respect to personality, parenting knowledge, as well
as mental health and addiction issues. The authors argue that the norming of these measures has
insufficient inclusion of Aboriginal peoples to be used for assessments with this population. They further
argue that different approaches need to be developed as current approaches, including assessment
measures, are based upon the constructs of the dominant culture, which is individualistic as opposed to
the Aboriginal collectivistic approaches to parenting.

Building upon this author’s previous work applying the new theoretical framework of Family Systems Theory to termination of parental rights (TPR) cases in parents with mental challenges, New Jersey statutes and case law bear close examination as a focus jurisdiction. Too often, other states’ statutory presumptions of parental unfitness and statutory emphases on parental unfitness due to mental health can wrongfully lead to TPR. New Jersey’s legislature and courts are moving in the right direction by rejecting presumptions of unfitness due to parental mental health. In order for mentally challenged parents’ due process rights to be upheld, statutory schemes across the U.S. must be revisited to level the playing field.

The termination of parental rights in parents with mental challenges is a growing and crucial issue. In 2010, an estimated 45.9 million adults in the U.S. had experienced a mental illness in the past year. This represents 20% of the adult population. More than five million children in the U.S. have a parent with a serious mental illness such as schizophrenia, bipolar disorder, or major depression. Courts and child welfare systems too often assume that a parent is not amenable to treatment and is a danger to his or her child when strong symptoms of mental turmoil surface. Some studies report that as many as 70 to 80% of mentally ill parents have lost custody. Public systems are overwhelmed by this matter in an era of shrinking resources for such systems. However, often parents with mental health needs are willing to accept treatment, are able to participate in programming, and are worthy of regaining custody.

This article outlines how the social determinants of health disproportionately impact children living in poverty, and suggests steps to be taken to address and reduce the disparity in accessing health care. It then identifies and explores three key areas of concern for children’s health: Inadequate prenatal care for families living in poverty. the need to enhance the 18-month well-baby clinics, and addressing mental health needs of Canadian children. Specific actions to address these health care issues are outlined and the economic and social impact of these measures are examined.

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine’s probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine’s probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent’s estate to the current scope: a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine probate courts now adjudicate questions implicating parental rights in a wide range of scenarios. However, the basic structure of Maine’s probate courts has remained unchanged since 1855. Maine law assigns exclusive jurisdiction of these often complex and contentious matters to a non-centralized group of county-based courts, each of which has limited resources and a single, part-time elected judge who usually has a busy law practice as his or her primary job.

The Article provides a close examination of the central issues involved in the parental rights matters currently adjudicated in the probate courts under the Maine Probate Code. It analyzes the challenges presented by the probate courts’ exclusive jurisdiction of these matters, including the incidence of conflicts and confusion when the District Court has addressed a parental rights issue involving a child who is also the focus of a probate court proceeding, as well as the limitations presented by the probate courts’ structure and operation. Finally, the Article discusses potential reforms aimed at improving the adjudication of parental rights matters under the MPC, including eliminating the “split jurisdiction” between probate and district courts, structural changes to probate courts to ensure fairness and due process for all participants, and a substantive reforms to the MPC provisions concerning parental rights so that the law will better reflect the contexts in which these cases arise today and address the needs of the families involved in these cases. Combined, these proposed reforms would mitigate the acute problems described in the Article to better serve both the courts that must adjudicate these difficult cases and the families at the center of them.

The Child Protection Hub in South East Europe with its partners in 8 countries have conducted the mapping of social service Workforce as related to child protection in the region.

This report provides a summary and regional overview of the social service workforce—with a focus on those engaged in the child protection system— in southeast Europe today. Focusing on eight countries— Albania (Dhembo, 20015), Bosnia and Herzegovina, Bulgaria (Mihaylov, 2015), Croatia (Rajter, 2015), Kosovo (Fazliu, 2015), Moldova (Rogers, 2015), Romania (Rădulescu, 2015), and Serbia (Zegarac, 2015)—phase 1 of the study consisted of a literature review of relevant documents (e.g., curriculum, research documents, policy documents, practice guidance) related to the education and training of the social service workforce, and those working in child protection in particular. The primary focus of Phase 2 of the study was country-level fieldwork to gather data on the social service workforce in southeast Europe.

This report represents part of a global research movement to map the social service workforce in diverse regions. Mapping within multiple countries helps to capture unique elements specific to certain countries, while also identifying common challenges and trends across regions. There have been previous efforts to better understand the social service workforce as one component of a larger child protection systems mapping (Goldman, Guggenheim, Landers, McCreery, & Tobis, 2010). More recent studies have focused more broadly on the social service workforce, such as one that examined the social service workforce in 14 countries in West and Central Africa (Benin, Burkina Faso, Cameroon, Congo-Brazzaville, Côte d’Ivoire, DRC, Ghana, Liberia, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, and The Gambia) (Canavera, Akesson, & Landis, 2014). Another recent study reviewed the state of the social service workforce in 15 countries in three continents: Africa (Ethiopia, Ghana, Kenya, Namibia, South Africa, Tanzania, Uganda, Zambia), Asia (Cambodia, Indonesia, Myanmar, Nepal, Vietnam), and Europe (Georgia, Moldova) (Global Social Service Workforce, 2015). The following report is the first research that maps the social service workforce in the southeast Europe region, representing the first step among future efforts to strengthen the social service workforce.

Ben-David (this issue) introduced us to the complexity of the factors that courts consider in termination of parental rights (TPR). It is an opening to understanding which factors are taken into consideration and how courts make these challenging determinations. Yet there are other questions that must be asked before we truly understand the TPR decisions made by courts across a variety of legal jurisdictions. This commentary argues that we must take the inquiry deeper, asking questions that will unpack the complexity assisting researchers and clinicians. Thus, we will want to know how courts weigh such important issues as the credibility of the evidence. What is it about such factors as parental competence, failure of remediation, and other issues identified by Ben-David that cause courts to determine TPR is the best choice? Consideration is given to how Ben-David’s work might be extended using a Canadian perspective.

Hvilken plass har brukermedvirkning i moderniseringen av norsk forvaltning? Argumenter for økt brukerinnflytelse bygger både på innarbeidede forestillinger om demokratisering, men også på nyere ideer om tilpassing av offentlige tjenester til kundenes behov. Denne artikkelen tar for seg resultatene av en undersøkelse av organisasjonsmessige endringer i barnevernet.
Undersøkelsen viser at endringene kan identifiseres med elementer som inngår i vanlige definisjoner av New Public Management, selv om de samlet vanskelig kan sies å være uttrykk for en helhetlig administrativ reformpolitikk. Artikkelen tar særlig for seg reformer som har betydning for brukernes medvirkning og nytte av tjenestene. En foreløpig konklusjon går ut
på at impulsen til styrket brukermedvirkning synes å komme fra de profesjonsansatte selv snarere enn fra overordnete instanser.