TITLE: Medicolegal
Aspects of Child Abuse.
AUTHOR: Myers,
J. E. B.
PUBLICATION YEAR: 2000
AUTHOR AFFILIATION: Pacific
Univ., Sacramento, CA. McGeorge School of Law.
SOURCE: In:
Reece, R. M. (Editor). Treatment of Child Abuse: Common Mental Health, Medical,
and Legal Practitioners. Johns Hopkins University Press, Baltimore, MD.,
2000; p. 36
ABSTRACT: Children
s statements during examinations and interviews have forensic as well as
medical significance. Under certain circumstances, the child s statements are
inadmissible as evidence, due to the hearsay rules of evidence. There are,
however, important exceptions. They include the excited utterance exception,
disclosure under the doctrine of fresh complaint, statements made during
diagnostic or treatment services, and the residual and child hearsay
exceptions. Interviewing techniquesmust include the avoidance of suggestive or
leading questions. Confidentiality and privileged communication have
well-defined boundaries, and child abuse reporting laws override
confidentiality and privilege. A professional called upon to appear in court as
an expert witness should review only those portions of the record needed for
the testimony and should document the parts of the record reviewed. Privileged
and nonprivileged materials should be separated in the record. If one takes the
record tocourt, limit what is taken to the intended testimony. If possible, do
not take the record to the witness stand, and if it is taken, refer to it only
if necessary. Expert testimony usually takes one of three forms: an opinion, an
answer to a hypothetical question, or a lecture providing information to the
judge or jury. Be prepared for cross-examination, understanding that the
defense attorney will try to raise doubts about the expert testimony. This is
done by trying to limit the expert s ability to explain, by undermining the
expert s assumptions, by impeaching the expert with a learned treatise, or by
raising the issue of the expert s bias toward
the prosecution. 33 references. (Author abstract)
KEY TERMS: medical
aspects of child abuse; physicians
role; legal processes; expert testimony; expert witnesses; rules
of evidence; hearsay rule; confidentiality
PUBLICATION TYPE: Chapter
in Book
INTERNET URL: http://www.press.jhu.edu
TITLE: Developmental
Disabilities, Trauma Exposure, and Post-Traumatic Stress Disorder.
AUTHOR: Newman,
E.; Christopher, S. R.; Berry, J. O.
PUBLICATION YEAR: 2000
JOURNAL TITLE: Trauma,
Violence, and Abuse
AUTHOR AFFILIATION: Tulsa
Univ., OK.
SOURCE: 1(2):
pp. 154-170; Sage Publications, Inc.,
Thousand Oaks, CA., April 2000; p. 167
ABSTRACT: It
has been assumed that individuals with developmental disabilities are a group
of individuals at greater risk for exposure to abuse and neglect, although
there is no evidence documenting a higher prevalence or incidence of trauma
exposure and post-traumatic stress disorder (PTSD) among those with developmental
disabilities. This article distinguishes biases about
the relative vulnerability of individuals with developmental disabilities from
facts. The discussion reviews the current scientific evidence regarding to the
rates of trauma exposure among individuals with developmental disabilities, the
probable applicability of PTSD among this group, and the scientific basis of
clinical assessment. Using the lens of traumatic stress studies, the article
recommends a research agenda and the creation of an empirically formed social
policy that does not reinforce stigma but provides accurate, respectful, and
necessary protections. 86 references and 1 table. (Author abstract)
KEY TERMS: child
abuse research; risk factors; research reviews; developmental disabilities;
trauma; posttraumatic stress
disorder; incidence; research needs
PUBLICATION TYPE: Journal
Article
INTERNET URL: http://www.sagepub.com/
TITLE: Institutional
Care: Risk From Family Background or Pattern of Rearing?
AUTHOR: Roy,
P.; Rutter, M.; Pickles, A.
PUBLICATION YEAR: 2000
JOURNAL TITLE: Journal
of Child Psychology and Psychiatry
AUTHOR AFFILIATION: Institute
of Psychiatry, London (England).
SOURCE: 41(2):
pp. 139-149; Cambridge University
Press, Oxford (England)., 2000; p. 240
ABSTRACT: Previous
research has shown that children receiving substitute parental care tend to
have high rates of emotional and behavioral disturbance, but uncertainty
remains on the extent to which this derives from genetic risk, adverse
experiences before receiving substitute care, or from risks associated with
substitute care experiences. In order to examine the effects of institutional
rearing (as a specific form of substitute care), two groups of primary school
children reared in substitute care from before the age of 12 months were
compared: 19 children in residential group (institutional) care and 19 in
continuous stable foster family care (matched for age and gender). The two
groups were similar in biological family characteristics with high rates of
psychopathology and social malfunctioning, but differed with respect to pattern
of rearing. Both groups were compared with classroom controls, using teacher
questionnaires, systematic classroom observations, and standardized cognitive
testing. Parental questionnaires were also obtained for the two substitute care
groups. As found previously, the combined substitute care groups differed from
controls in showing a high level of hyperactivity-inattention. The
observational measures showed a similar effect, indicating that the elevated
rate was not attributable to rater bias. The
teacher questionnaire and observational measures showed, however, that the
increased level of hyperactivity-inattention was substantially higher in the
institutional group than the foster family group. Parental questionnaire
ratings showed the same contrast between the groups, except that the main
difference was on unsociability and emotional disturbance rather than
hyperactivity-inattention. It is concluded that, against a background of
genetic and early environmental risk, institutional rearing predisposes to a
pattern of hyperactivity-inattention. 39 references and 10 tables. (Author
abstract)
KEY TERMS: child
rearing; foster care; residential care institutions; sequelae;
child development; behavior
problems; emotional problems; child welfare research
PUBLICATION TYPE: Journal
Article
TITLE: Collaborating
on Family Safety: Challenges for Children's and Women's Advocates.
AUTHOR: Beeman,
S. K.; Edleson, J. L.
PUBLICATION YEAR: 2000
JOURNAL TITLE: Journal
of Aggression, Maltreatment and Trauma
AUTHOR AFFILIATION: Minnesota
Univ., Minneapolis. School of Social Work.
SOURCE: 3(1):
pp. 345-358; Haworth Press, Inc.,
Binghamton, NY., 2000; p. 264
ABSTRACT: This
article outlines sources of conflicts between child protection workers and
battered women s advocates, and elaborates on these conflicts using child
protection workers and battered women s advocates own words elicited in a
series of focus groups. Differences in philosophies of practice, focus of
practice, communication problems, and gender, racial, and cultural bias within the systems are highlighted. The article also describes
models of cross-system collaboration in the United States, and makes
recommendations for practice and policy which support collaboration across
systems. The two disciplines are advised to focus on the goal of the best
interests of the mother and child, hold the male batterer responsible for abuse,
and promote collaboration with courts and other systems. 22 references. (Author
abstract modified)
KEY TERMS: interagency
collaboration; child protective
services; battered women; program models; interdisciplinary approach;
teamwork; multiproblem
families; service delivery
PUBLICATION TYPE: Journal
Article
INTERNET URL: http://www.haworthpressinc.com
TITLE: Tribal
Perspectives on Over-Representation of Indian Children in Out-of-Home Care.
AUTHOR: Cross,
T.
PUBLICATION YEAR: 2000
JOURNAL TITLE: Permanency
Planning Today
AUTHOR AFFILIATION: National
Indian Child Welfare Association, Portland, OR.
SOURCE: 1(1):
pp. 7-11; Hunter Coll., New York, NY.
School of Social Work., Winter-Spring 2000;
p. 371
ABSTRACT: American
Indians children are over-represented in the child welfare system, with more
than 12 of every 1,000 Indian children placed in substitute care. This article
examines those circumstances and attempts to put the situation in a historical
context. Reasons for over-representation are discussed, including historical
removal of Indian children from their tribes, to present legal and political
relationships among tribes, states, and the federal government, to the cultural
bias faced by Indian families experiencing
social ills associate with persistent poverty and racism. Historical trends are
examined from the 1600s until the present day, with events leading to passage
of the Indian Child Welfare Act of 1978. The implications of the act are
examined--the author asserts that while regarded as one of the best permanency
policies to be enacted by the federal government, it remains misunderstood and
maligned, and while data indicate that it has brought a reduction in the
over-representation of Indian children in the system, there remains serious
problems, primarily because the act provided little in the way of funding for
implementation. Furthermore, problems remain because Indian children who need
out-of-home placement must often become wards of the state, thus taking from
the tribe its capacity to respond directly to its members' needs. The author
makes recommendations for policy and practices that have the potential for
improving the accessibility and quality of services for Indian families and
their children, such as providing greater access to funding, development of
demonstration projects, and implementation of provisions under the Adoption and
Safe Families Act of 1997 to complement provisions under ICWA. Fifteen
references.
KEY TERMS: tribes; american indians; out of home care; child
welfare; policies; government role; icwa; historical
perspective; asfa
PUBLICATION TYPE: Journal
Article
TITLE: An
Examination of Bias in Volunteer Subject Selection: Findings
From an In-Depth Child Abuse Study.
AUTHOR: Mandel,
F. S.; Weiner, M.; Kaplan, S.;
Pelcovitz, D.; Labruna, V.
PUBLICATION YEAR: 2000
JOURNAL TITLE: Journal
of Traumatic Stress
AUTHOR AFFILIATION: Pfizer,
Inc., New York, NY. Clinical and Scientific Affairs.
SOURCE: 13(1):
pp. 77-88; Kluwer Academic-Plenum
Publishers, Dordrecht (The Netherlands)., January 2000; p. 381
ABSTRACT: Remarkably
few reported studies have tested the assumption that a research sample can be
constructed which is representative of the population of interest. In order to
investigate potential volunteer bias in abuse
research, this study +; utilized a database assembled for an NIMH funded study
investigating the relationship among adolescent physical abuse, suicidal
behavior, and psychopathology. Extensive information was available concerning
the nonparticipant pool from which this sample +; was assembled, allowing for a
comprehensive assessment of possible sample bias.
The volunteer sample of 99 abused families who agreed to participate in the
study was compared on a large number of variables with a random sample of 99
abused families who +; declined to participate. Comparisons of the two groups
did not support the hypothesis that the non-participating families represented
a more dysfunctional population. The two groups were far more similar to, than
disparate from, each other. 7 references +; and 5 tables. (Author abstract)
KEY TERMS: research
methodology; sampling studies; volunteers;
demography; family
characteristics; child abuse research
PUBLICATION TYPE: Journal
Article
INTERNET URL: http://www.wkap.nl
TITLE: Developmental
Antecedents of Sexual Coercion in Juvenile Sexual Offenders.
AUTHOR: Johnson,
G. M.; Knight, R. A.
PUBLICATION YEAR: 2000
JOURNAL TITLE: Sexual
Abuse: A Journal of Research and Treatment
AUTHOR AFFILIATION: Brandeis
Univ., Waltham, MA. Dept. of Psychology.
SOURCE: 12(3):
pp. 165-178; Kluwer Academic-Plenum
Publishers, Dordrecht (The Netherlands)., 2000; p. 441
ABSTRACT: Previous
research has linked adult sex offending behavior to a multiplicity of
variables, including juvenile delinquency and the experience of childhood
abuse. The purpose of this study was to explore developmental pathways among
childhood abuse, juvenile delinquency, and personality dimensions possibly
conducive to adolescent sexual coercion. Using a retrospective self-report
inventory, the extent to which juvenile sexual offenders experienced childhood
trauma, engaged in adolescent delinquency, and exhibited particular
dispositions and cognitive biases was measured. The effects of childhood
and adolescent antecedents on sexual coerciveness were then analyzed through
simultaneous multiple regression path analyses. Resultssuggest that sexual
compulsivity and hypermasculinity, through misogynistic fantasy behavior,
significantly discriminate verbally and physically coercive juvenile offenders
from those offenders who do not report using force in their offenses. Results
also suggest that alcohol abuse may play a more salient role in the expression
of coercive juvenile sexual coercion than previously hypothesized. 30
references, 2 figures, and 2 tables. (Author abstract)
KEY TERMS: adolescent
sex offenders; sex offenses; predictor variables; child development; child abuse history;
juvenile delinquency; alcohol
abuse; psychological characteristics
PUBLICATION TYPE: Journal
Article
INTERNET URL: http://www.wkap.nl
TITLE: The
Decision to Investigate: Understanding State Child Welfare Screening Policies
and Practices.
AUTHOR: Tumlin,
K. C.; Geen, R.
PUBLICATION YEAR: 2000
AUTHOR AFFILIATION: Urban
Institute, Washington, DC. Population Studies Center.
SOURCE: Number
A-38. Urban Institute, Washington, DC., May 2000; p. 536
ABSTRACT: There
has been considerable debate about the growing number of reports investigated
by child welfare workers and the declining proportion of these reports that are
substantiated. Child protection investigators must often make difficult and
highly subjective decisions in determining whether to substantiate a report of
abuse once an investigation has been concluded. But there are sometimes other
equally challenging decisions that child welfare staff must make before a case
is investigated. Decisions that, if made in error, put the children's safety at
risk. Research shows that since few states have explicit screening guidelines,
workers use their own discretion and biases when
making screening decisions, and may be influencedby other factors. In
determining the effect of welfare reform or any other social policy change on
child abuse, it is essential to measure changes in how child welfare agencies
respond to initial allegations. Yet most policymakers and researchers have
relied on data on the number of child abuse reports investigated or
substantiated to assess changes in the demand for child welfare services. While
the benefits, risks, and best practices for effective screening are still open
to debate, policymakers andresearchers must include screening data in any
assessment of changes in child welfare caseloads. Two figures; one table; 12
notes; numerous references.
KEY TERMS: child
welfare agencies; screening tests; investigations; child abuse; child
welfare reform; agency practice; policies;
child protective services
PUBLICATION TYPE: Technical
Report
INTERNET URL: http://www.urban.org
TITLE: Children
and the Law: Doctrine, Policy and Practice.
AUTHOR: Abrams,
D. E.; Ramsey, S. H.
PUBLICATION YEAR: 2000
AUTHOR AFFILIATION: Missouri
Univ., Columbia. School of Law.
SOURCE: West
Group, St. Paul, MN., 2000; p. 586
ABSTRACT: Written
for advanced law courses about child advocacy and juvenile law, this text
reviews doctrine, policy, and practice regarding the rights of children,
parents, and government; the competency of children; and the lawyer's
representation of children. Emphasis is placed on collaborating with
professionals from related disciplines, including psychology, sociology,
medicine, education, and criminology to ensure effective representation. The
chapters explain the definition of the parent-child relationship, children's
abilities and disabilities, abuse and neglect, foster care, criminal abuse and
neglect, adoption, medical decision-making, financial responsibilities and
control, regulations of child behavior, and delinquency laws and procedures.
Specific topics include strategies for interviewing child witnesses, the
competency of children to advise counsel, child abuse and neglect reporting
statutes, the child protection system, terminations of parental rights, racial bias,child's right to protection from harm, types of placements,
adoption consent, and international adoption. Contemporary legal problems are
presented in each chapter for class discussion.
KEY TERMS: child
advocacy; lawyers; lawyers responsibility; lawyers role; legal problems;
professional training; federal
case law; state case law
PUBLICATION TYPE: Book
INTERNET URL: http://www.westgroup.com
TITLE: OUT
OF HOME CARE: RESIDENTIAL CARE AND GROUP HOMES: Selected Articles.
PUBLICATION YEAR: 2000
SOURCE: NCCAN
Annotated Bibliographies; 2000
KEY TERMS: orphanages; orphans;
social policies; policy
formation; child welfare reform; family preservation; outcomes;
adoption; funding; child welfare services; institutional abuse and neglect; foster care drift; judicial role; permanency
planning; florida; historical perspective; deinstitutionalization; model programs; program descriptions;
program development; residential
care institutions; welfare reform; political factors; private sector;
poverty; therapeutic
effectiveness; child placement; economic disadvantage; attitudes;
child development; research
reviews; psychological
characteristics; research
methodology; maternal deprivation; foster care; incidence; statistical
data; predictor variables; social workers attitudes; public opinion; government role;
discipline; state statutory law; federal statutory law; vocational training; state laws;
licensing; standards; state surveys; personnel; treatment
programs; program models; federal aid; grants; religious
organizations; family
characteristics; family life; program costs; cost effectiveness;
costs; operating expenses; program planning; federal laws;
sequelae; residential care; michigan;
child welfare research; managed
care; residential treatment; program administration; out of home care; foster children; direct
service providers; emotionally
disturbed children; behavior
modification; therapeutic intervention; intervention strategies; service delivery; program evaluation;
family programs; shared family
care; adolescent sex offenders; sex offenders therapy; hispanics;
american indians; african
americans; models; parenting;
group dynamics; control; interviews;
adolescents; focus groups; family therapy; canada; cultural
conflicts; residential schools; environmental stress; trauma;
counselors; disclosure; mental health services; social services; mental disorders;
institutions
PUBLICATION TYPE: Annotated
Bibliography
INTRODUCTION: This
annotated bibliography is a product of the National Clearinghouse
on Child Abuse and Neglect Information. The references have been selected
from thousands of materials available in our database to provide you with
the most up-to-date information related to child victims, witnesses, and
perpetrators of violence.
This bibliography looks at prevention, intervention and treatment issues
in relation to the impacts of violence on children. It is presented in
three sections: children as victims of violence, children as witnesses of
violence, and children and adolescents as perpetrators of violence.
Although many references cover more than one subject area, each citation
is listed only once in this bibliography, primarily under its major
subject heading.
All documents in this bibliography are contained in the Clearinghouse
library and are referenced following the format of the American
Psychological Association (APA). Authors, titles, publication dates and
publishers are provided within this format for each reference. We are
not, however, able to provide photocopies of all materials due to
copyright restrictions. Copies of publications that are not copyrighted,
such as Government publications, grant reports, or unpublished papers,
are available from the Clearinghouse for a reproduction fee of $0.10 per
page. Journal articles and chapters in books are copyrighted and may be
found at research or university libraries.
Information Specialists can answer questions about copyright status and
ordering information, as well as guide you in selecting materials from
this bibliography or suggest other materials that may be useful to you.
In addition, Specialists are available to conduct customized searches
of Clearinghouse databases for a base fee of $5.00 plus $.20 per record.
For more information, please contact
National Clearinghouse on Child Abuse and Neglect Information
330 C St., SW
Washington, DC 20447
Tel.: (800)394-3366 or 703-385-7565
Fax: 703-385-3206
E-mail: nccanch@calib.com
INTERNET URL: http://www.calib.com/nccanch
TITLE: Foster
Care and the Special Needs of Minority Children.
AUTHOR: Urquiza,
A. J.; Wu, J.; Borrego, J.
PUBLICATION YEAR: 1999
AUTHOR AFFILIATION: California
Univ. Medical Center, Davis. Child Protection Center.
SOURCE: In:
Curtis, P. A.; Dale, G.; Kendall, J. C. (Editors). The Foster Care Crisis:
Translating Research Into Policy and Practice. University of Nebraska Press,
Lincoln., 1999; p. 9
ABSTRACT: This
book chapter provides an overview of some of the common mental health problems
noted in foster care and describes some institutional biases affecting ethnic minority children in out-of-home care. It
also addresses a broad range of practical and policy-oriented issues to
administer culturally competent policy and services. Preliminary research
dealing with the mental health needs of abused children entering the foster
care system is presented, noting physical, emotional, and behavioral problems
that in turn affect everyday functioning. The authors present examples of
strategies that address and alleviate problems unique to ethnic minority
children as they enter and move through the foster care system. The assert that
an essential part of effective intervention services with these children
include recognizing their ethnic or cultural differences from the mainstream
and maintaining or reinforcing the positive cultural aspects in the childrens'
foster care situation. Recognizing that demographics for ethnic minorities in
the United States are rapidly changing, the authors recommend that the social
welfare system must become more culturally responsive to these populations.
Numerous references.
KEY TERMS: foster
care; special needs; minority groups; out of home care; mental
health; high risk groups; child welfare; policies
PUBLICATION TYPE: Chapter
in Book
INTERNET URL: http://www.nebraskapress.unl.edu
TITLE: Adopted
Children's Behavior Problems: A Review of Five Explanatory Models.
AUTHOR: Peters,
B. R.; Atkins, M. S.; McKay, M. M.
PUBLICATION YEAR: 1999
JOURNAL TITLE: Clinical
Psychology Review
AUTHOR AFFILIATION: Houston
Univ., TX.
SOURCE: 19(3):
pp. 297-328; Elsevier Science Ltd., New
York, NY., 1999; p. 33
ABSTRACT: Although
the majority of adopted children are well adjusted, adopted children show
proportionately more behavior problems when compared to non-adopted children in
both clinic and non-clinic populations. An extensive literature
examiningbehavioral, diagnostic, and demographic characteristics of adopted
children has provided several plausible explanations for the high rate of
behavior problems among adopted children. In this review, the existing
literature is organized into five explanatory models: 1) genetic or biosocial
factors; 2) pathogenesis of the adoption process; 3) long-term effects of
impaired pre-adoption child rearing; 4) referral bias in adoptive parents; and 5) impaired adoptive parent-adoptee
relations. Conclusions suggest that evidence for each model is mixed at best.
The authors said that noteworthy among the conclusions is the mixed results for
genetic or biosocial studies and the relative absence of studies focused on
identifying factors associated with disruptions in the adoptive parent-adoptee
relationship. Recommendations include a psychosocial model to explain the high
rate of behavior problems among adopted children. Five tables; one footnote;
numerous references. (Author abstract modified)
KEY TERMS: adopted
children; behavior problems; genetic factors; adoption process;
adoptive parents; child rearing; adoption outcomes; program models
PUBLICATION TYPE: Journal
Article
INTERNET URL: http://www.elsevier.com
TITLE: Child
Abuse and Divorce: Competing Priorities and Agendas and Practical Suggestions.
AUTHOR: Faller,
K. C.
PUBLICATION YEAR: 1999
JOURNAL TITLE: Journal
of Aggression, Maltreatment and Trauma
AUTHOR AFFILIATION: Michigan
Univ., Ann Arbor. School of Social Work.
SOURCE: 2(2):
pp. 165-194; Haworth Press, Inc.,
Binghamton, NY., 1999; p. 325
ABSTRACT: This
article addresses the evaluation of allegations of abuse made during divorce
proceedings. It describes the challenges peculiar to cases where divorce and
abuse allegations coexist, relevant research findings, and potential sources of
bias. The article suggests a multidisciplinary
approach that may be the optimal strategy for evaluating these cases. Specific
guidelines for evaluation and decision-making are provided. 36 references.
(Author abstract)
KEY TERMS: assessment; guidelines;
multiproblem families; child
abuse; divorce; case management; best practices;
investigations
PUBLICATION TYPE: Journal
Article
INTERNET URL: http://www.haworthpressinc.com
TITLE: The
Supply of Infants Relinquished For Adoption: Did Access to Abortion Make a
Difference?
AUTHOR: Gennetian,
L. A.
PUBLICATION YEAR: 1999
JOURNAL TITLE: Economic
Inquiry
AUTHOR AFFILIATION: Cornell
Univ., Ithaca, NY.
SOURCE: 37(3):
pp. 412-431; Western Economic
Association International, Huntington Beach, CA., July 1999; p. 466
ABSTRACT: After
examining three years worth of aggregate state data, the author suggests that
the number of abortions in the United States has had an impact on the
availability of infants relinquished for adoption. The premise of the model is
that a woman with an unintended pregnancy faces three options: to abort the
pregnancy; to relinquish the infant for adoption; or to keep the infant. The
study attempts to fill the gap in previous empirical work on pregnancy
resolution by taking advantageof available state-level data on the number of
infants relinquished for adoption to examine the effect of abortion access over
time. Results of the study show that abortion access affected the availability
of infants relinquished during the 1980s in twodifferent ways. First, consistent
with a theory of desired fertility, the availability of abortion providers has
had the expected effect of reducing the availability of infants relinquished,
particularly relative to the demand for abortion. Second, abortion law has had
an unexpected negative effect, suggesting that as abortion laws have become
more restrictive, the total number of unwanted births may decrease. The
empirical results also suggest that omitted variable bias may confound the effect of some types of abortion law. Finally,
to the extent that AFDC payments affect the incidence of single parenthood, the
incidence of single parenthood is not correlated with the availability of
infants relinquished. Two figures; four tables; 19 notes; threeappendixes;
numerous references. (Author abstract modified.)
KEY TERMS: abortion; unplanned pregnancy; adoption;
fertility; data analysis; federal laws; state laws; afdc
PUBLICATION TYPE: Journal
Article
INTERNET URL: http://www.mdrc.org
TITLE: Media
Impact on Biased Perceptual Processing of Threat-Relevant
Imagery Among Patients Who Recovered Memory of Childhood Sexual Abuse Prior to
the Onset of Treatment.
AUTHOR: Leavitt,
F.