The Marriage of Science and the Law in Child Welfare Cases

Abstract

Dependency cases are some of the most complex cases in the justice system. Knowledge of the law, alone, is insufficient. Unfortunately, decades of social science research are unknown to decision makers in juvenile and family law cases. In fact, we lack a professional outlet that presents the findings of social scientists in a manner that is accessible to legal professionals who for the most part are untrained in the social sciences. In dependency cases, the legal mandate includes promoting safety, permanency, and well-being for children, not traditional legal functions. Therefore, a nontraditional approach to judging is required. Acting in the best interest of children requires the jurist to be well-versed in disciplines that are not taught in law school or judicial college. Every legal decision has a clinical or mental health component that affects the child. Science and research have an important place in our courtrooms where therapeutic jurisprudence thrives. This chapter takes the perspective of legal decision makers in dependency courts who are in need of sound empirical research, especially studies that examine the effectiveness of interventions in order to better service the families and children that find themselves in the courts’ jurisdiction. The chapter provides some positive examples of the use of empirical findings in family court and suggests some new ways in which courts and allied personnel can make use of the existing research on evidence-based treatments.

Fill the seats of justice with men who are good, but not so absolute in goodness as to forget what human frailty is.Thomas Noon Talfourd