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This chapter explores the Member States’ use of EU private international family law in the protection of children with links abroad from abuse or neglect by their family. These measures include rules governing the assumption of jurisdiction over the parental responsibility of a child, including both private and public law measures. The chapter argues that the abused and neglected child was not a central focus when regulating the cross-border family and, as a consequence, legal borders between Member States’ family law systems retain considerable significance for these children. Whilst each Member State has provision in place for public law child protection measures, the methods and approach adopted vary significantly between legal systems, as do the potential substantive outcomes for children. The EU’s private international family law rules are designed to obscure these differences and this has presented difficulties in supporting cross-national cooperation over child protection. The political nature of these decisions has meant that focus on the welfare of the child may consequently be lost.
Over the course of the 1980s and 1990s, same-sex couples had become visible as partners and parents, as well as integral members of straight families. This chapter demonstrates how these previous victories on behalf of the queer family made marriage equality possible. When the movement for marriage equality began, advocates emphasized that allowing same-sex couples to marry was a matter of ensuring justice and equality. However, that argument failed to persuade decisionmakers, who instituted same-sex marriage bans around the country. Advocates were only able to gain legal ground when they began emphasizing how discrimination harmed longstanding, devoted same-sex couples, the children they raised, and the straight parents who loved them. They were able to stake these claims because gay- and lesbian-headed households already existed, thanks to years of family-centered strategies. Although marriage equality is the queer rights movement’s best-known success, it came as a postscript to decades of family-centered strategies.
At the same time as some gays and lesbians were fighting for domestic partnership recognition, others were demanding the right to create families through foster care and adoption. In the 1980s, social workers who were struggling to find homes for foster children increasingly turned to same-sex couples. Those placements proved controversial, leading several states to institute bans on gay and lesbian foster parenting. But the debates they generated helped to make queer families increasingly visible. Adoption out of foster care was only one way in which same-sex couples had children. In the 1980s, lesbian couples increasingly began forming families through donor insemination. To create a legal relationship between the nonbiological mother and the child, the couples petitioned courts to grant second-parent adoptions, analogizing their situations to stepparent adoptions. Over the course of the 1990s, courts increasingly authorized these types of adoptions, which helped entrench queer families in American life.
The notion that children constitute an important group of rights holders has gained increasing acceptance both domestically and internationally. Nevertheless, this rhetorical commitment to children's rights is not necessarily realised in practice. Now in its fourth edition, Fortin's Children's Rights and the Developing Law explores the extent to which law and policy in England promotes or undermines the rights of children. Fully revised and updated, this textbook uses current research on child development and welfare to reflect on the extent to which the law fulfils children's rights in a wide range of areas, including medical law, education and child poverty. These developments are measured again the domestic law and the UK's international obligations under, for example, the United Nations Convention on the Rights of the Child.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race and intersectional insights to Supreme Court opinions that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
Research has established critical consciousness (CC) as an important developmental competency, yet less is known about how to promote it, particularly for privileged youth. Service-learning experiences hold promise as context of CC development, but more research is needed to understand if they foster CC, for whom, and under what circumstances. This study examines the development of CC within what we term a critical service learning experience: the Resilience, Opportunity, Safety, Education, and Strength (ROSES) advocacy program. We connect specific features of this experience to expected growth in CC components among a group of educationally privileged university students serving as advocates for juvenile legal system-impacted girls. We delineate how engagement with ROSES is likely to influence critical consciousness among advocates themselves, then leverage exploratory data from advocates to empirically examine changes in CC over the course of ROSES. We examine changes in advocates’ interpersonal skills, critical reflection, critical motivation, and critical action as a result of participation in ROSES. We discuss patterns in these findings and examine how key characteristics of advocacy intervention implementation influenced skill development. We end by theorizing further on mechanisms of change in CC due to ROSES program participation and other service learning experiences.
In December 2022, the Supreme Court of Canada heard arguments in a reference case about the constitutionality of An Act respecting First Nations, Inuit and Métis children, youth and families (the Act). At issue is whether the Act infringes on provincial jurisdiction and changes the constitutional architecture by giving First Nations law governing child welfare the force of federal law. In this short Currents article, we argue that the Supreme Court's consideration of the Act marks a critical juncture in the ongoing relationship between Canadian and Indigenous law. Through an examination of the arguments made before the Supreme Court, we assert that it is essential that the Court move beyond its historical commitments to protecting the Constitution and umpiring jurisdictional disputes and toward a recognition of the failures of the constitutional framework to account for an expansive understanding of inherent rights and inherent jurisdiction, including child welfare.
While existing research suggests that nineteenth-century child labor laws largely failed to significantly reduce children’s workforce participation, we examine whether policies that tackled the problem by providing aid – rather than by penalizing work – were more effective. Between 1910 and 1920, forty U.S. states enacted mothers’ pension programs, giving needy “deserving” mothers, typically widows, cash aid to support their dependent children. One purpose of the programs was to reduce child labor. However, we find no negative relationship between child labor and the generosity of states’ mothers’ pension laws. Furthermore, we find no negative relationship between child labor and county-level mothers’ pension generosity, in terms of expenditures, in the seven states for which we have data. We attribute this to the small size of the pensions as well as the programs’ limited coverage and general lack of conditionality on children’s behaviors, such as attending school or not engaging in paid work. We also note states’ and counties’ limited administrative capacity to enforce eligibility requirements, such as school attendance, where these existed.
Children who have experienced maltreatment are more likely to have disrupted attachments, fewer psychosocial strengths, and poorer long-term psychosocial outcomes. However, few studies have examined the interplay between attachment security and psychosocial strengths among children involved in therapeutic services in the context of the child welfare system. The present longitudinal study examines the insecure attachment behaviors and psychosocial strengths of 555 children referred to the Therapeutic Family Care program (TFCP) in Cobourg, Ontario between 2000 and 2019. The children were assessed by their caregivers on a regular basis using the Assessment Checklist for Children (ACC) and the complementary strengths-focused ACC+ measure. Average age of children at baseline was 9.57 years (SD = 3.51) and 229 (41.26%) were female. We conducted growth curve and random intercepts cross-lagged panel models to test the longitudinal interplay between insecure attachment behaviors and strengths. Results suggest that females’ attachment security improved, males’ attachment security worsened, and both males and females developed strengths over time. Further, analyses revealed a directional effect, whereby fewer insecure attachment behaviors predicted more psychosocial strengths approximately 6 months later. Implications for attachment-oriented and strengths-based services in the context of child welfare are discussed.
About a year and a half into gathering the data for this book, I hired a law student to assist in data analysis. She was in law school at the time but had worked as a labor and delivery nurse at a local hospital for many years. She was, to say the least, an ideal candidate for the research team. One of the first assignments I gave her drew on her medical and practice knowledge. I asked her to go through the criminal court files for the women who were prosecuted and look specifically at the allegations contained in the charging document. Her task was to determine whether or not the public criminal allegations against the fetal assault defendants included information obtained by health care providers in the health care setting. Several days later she stopped by my office visibly upset. As it turned out nearly every file contained such information.
This chapter assesses the contributions of British UN staff to the organization's innovative global social governance initiatives between 1945 and 1970. The transnational governance of welfare, health, education, and other social issues of traditional domestic jurisdiction was a revolutionary element of postwar international governance. Colonial and imperial service in Africa and India, as well as Home Civil Service experiences, led many other Britons into UN agencies that worked in global social governance fields. These included child welfare, agricultural and educational aid, humanitarian aid, migrant and refugee relief, and freedom of expression. The British government’s Overseas Service Aid Scheme subsidized former colonial staff who wished to stay on in positions with new postcolonial state governments. This chapter evaluates the personal histories and contributions to global social governance of Britons who worked in postwar UN global social governance organizations and demonstrates how this work both contributed to postcolonial state-building and continued long-standing racial divisions.
Randomised controlled trials are often inappropriate for many forms of preventative children’s services; as such, observational studies using administrative data can be valuable for evidence-based policymaking. However, estimates of effectiveness can be confounded by differences in thresholds of intervention and national policies that exert pressure on local trends. This study adjusted for these factors using methods developed in clinical psychology to control for individual traits and developmental trajectories, Autoregressive Latent Trajectory Models with Structured Residuals, to analyse the relationship between local authority preventative spending and Children in Need (CIN) rates in England. Higher spending was associated with significant decreases in CIN rates between 2010/11 and 2014/15, but not from 2014/15 onwards. In the first half of the decade, 1% increases in expenditure were associated with between 0.07% and 0.157% decreases in CIN rates. Based on average local authority spending cuts, this translates to an additional 13,000 to 16,500 children and young people put or kept at risk of developmental or health impairments nationally for each year between 2011 and 2015. These findings highlight the potential of early help/family support policies and concerns around how their effectiveness has changed consequent to prolonged austerity and a deliberate policy focus on ‘what works’.
What does privatization mean in the context of domains that have long been considered quintessentially private? Family, marriage, sexuality: each of these spheres of intimate life has been cast as private. Feminist and sexuality scholars have sought to reveal the artificiality of the public/private distinction and the many ways that intimate life is deeply political. Family, marriage and sexuality are spheres of life constituted through cultural, political and legal discourses. Each is deeply implicated in governance, past and present. Yet, the ideology of the private is enduring, and the idea of privatizing the private tautological. Indeed, the intimate sphere of family and sexuality has not featured prominently in the privatization literature, which has tended to focus on reconfiguring the relationship between the market and the state.
Parent-Child interaction therapy (PCIT) has been shown to improve positive, responsive parenting and lower risk for child maltreatment (CM), including among families who are already involved in the child welfare system. However, higher risk families show higher rates of treatment attrition, limiting effectiveness. In N = 120 child welfare families randomized to PCIT, we tested behavioral and physiological markers of parent self-regulation and socio-cognitive processes assessed at pre-intervention as predictors of retention in PCIT. Results of multinomial logistic regressions indicate that parents who declined treatment displayed more negative parenting, greater perceptions of child responsibility and control in adult–child transactions, respiratory sinus arrhythmia (RSA) increases to a positive dyadic interaction task, and RSA withdrawal to a challenging, dyadic toy clean-up task. Increased odds of dropout during PCIT's child-directed interaction phase were associated with greater parent attentional bias to angry facial cues on an emotional go/no-go task. Hostile attributions about one's child predicted risk for dropout during the parent-directed interaction phase, and readiness for change scores predicted higher odds of treatment completion. Implications for intervening with child welfare-involved families are discussed along with study limitations.
This Element first reviews the limitations of the concepts of problems in childhood. It proposes a universal, comprehensive, and longitudinal conceptual framework of problems in childhood, their differential context, and their cyclical effects. Based on the linkages identified in the children's problems, they are divided into three levels, primary, secondary, and tertiary. The Element then reviews the concepts and the limitations of the prevalent service delivery approaches of child welfare, protection, and justice, because of which these services have not helped to break the cycle of problems in childhood. The Element identifies the rights-based comprehensive, preventive, and systemic approach for child welfare, at primary, secondary and tertiary prevention levels, in order to break this cycle of problems. Finally, the Element goes into details of the tertiary prevention level integrated service delivery for children facing socio-legal problems.
The introduction to this article provides a brief overview of current issues in kinship care. This is followed by transcripts of two speeches given by kinship carers at a Kinship Care Forum held in Brisbane in 2020. In these speeches, the speakers described how they became carers, their commitment to the children in their care, the challenges they have faced, the children’s development over time in their care and their struggles to achieve the support they needed.
This contribution, written by a recently retired social worker, reflects on the impact of his early casework experience in child welfare. It discusses, via case examples, how these formative experiences influenced his social work career. These case examples illustrate the power of mentorship and continuing reflective learning. The article concludes with suggestions for the profession, for the employing organisations of social workers and for the newly graduated social work professional.
Drawing on the findings of a Churchill Fellowship study tour, this article discusses the need to expand our understanding of family engagement and, in particular, to implement Family Inclusive practice in Australian child welfare, both to increase reunification and to improve outcomes for children who do not return home. I argue for this expansion through the integration of six key elements of Family Inclusive practice drawing on examples of practice and innovation from my study tour. This article commences with a discussion of the literature in support of family engagement and Family Inclusive practice. It is argued that we need to embrace an approach to Family Inclusive practice that acknowledges and addresses power imbalances, is contextualised and goes beyond relationships between workers and families. An exploration of the six elements of Family Inclusive practice follows, contributing to the understanding and practical application of Family Inclusive practice, with reference to initiatives in several countries visited during my study tour as well as to the literature more broadly. If these elements are integrated into child welfare practice and policy, they will contribute to Family Inclusive practice in the interests of children in Australia.
The chapter considers the impact on family law of adopting the concept of the relational self. In particular, it explores the role of family law, the definition of families, financial orders on separation, the definition of parenthood, the concept of parental responsibility and the nature of children's welfare. It explores how a relational self model would ensure that family law protected and promoted valuable relationships.
In view of the rise in child abuse in Singapore, our Family Service Centre developed a child welfare practice model to guide and anchor our practitioners in trauma-informed approaches. This practice model was developed over two years through literature reviews and qualitative interviews with practitioners. Three aspects of the practice model were found to be key in ensuring practitioners were trauma-informed in their practices, these being: the principles and values related to trauma-informed practice; reflection by practitioners on their attachment history and self; and the assessment of caregivers’ characteristics. Despite this practice model being largely beneficial for practitioners in our agency, implementation in the local context gives rise to certain challenges due to differences in beliefs about disciplining children.