Abstract
The present study analyzes the characteristics of children and parents in court cases dealing with the termination of parental rights, in order to draw a profile of families at high risk of child maltreatment and shed light on the professional decision-making process. The analysis of a sample of 127 cases identified various child, parent and child–parent characteristics and inter-characteristics which served as a rich database for understanding the profiles of children at risk and their parents. On the basis of these profiles, the study was able to draw a prototype of a family at high risk of child maltreatment and identify the main factors considered by the courts when determining whether or not to terminate parental rights. This paper discusses the implications of these results on the need for early and extensive professional intervention in such families.
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Notes
The present study was part of a larger study aimed at examining the decision-making process in involuntary adoption cases in Israel. For the purpose of this study a sample of 127 court decisions was selected.
It should be noted that the sample does not contain duplication of cases, since a case that is discussed by several judiciary instances generally appears in the electronic database only under the category of the highest instance. Since most of the cases involved an appeal, either by the parents or the Attorney General, and were thus determined by the Supreme Court of Israel, the percentage of decisions given by this judiciary is the largest.
It should be noted that the questionnaire was part of a longer, multi-item questionnaire developed for the content analysis of adoption decisions. Only relevant items were used in the present study.
Cases of abuse could also include neglectful behavior by parents.
Cases of neglect included only neglectful behavior by parents, but not abusive behavior.
References
Asawa, L. E., Hansen, D. J., & Flood, M. F. (2008). Early childhood intervention programs: Opportunities and challenges for preventing child maltreatment. Education and Treatment of Children, 31(1), 73–110.
Banach, M. (1998). The best interests of the child: Decision-making factors. Families in Society, 79(3), 331–340.
Baneman, R. (2007). Who will speak for the children: Finding a constitutional right to counsel for children in foster care. Journal of Constitutional Law, 9(2), 545–564.
Bates, B. C., English, D. J., & Kouidou-Giles, S. (1997). Residential treatment and its alternatives: A review of the literature. Child and Youth Care Forum, 26, 7–51.
Ben-David, V. (2011). Judgmental bias in adjudicating the adoption of minors in Israel. Children and Youth Services Review, 33(1), 195–203.
Berger, L. M. (2005). Income, family characteristics and physical violence toward children. Child Abuse and Neglect, 29, 107–133.
Boyce, C. A., & Maholmes, V. (2013). Attention to neglected: Prospects for research on child neglect for the next decade. Child Maltreatment, 18(1), 65–68.
Budd, K. S. (2005). Assessing parenting capacity in a child welfare context. Children and Youth Service Review, 27(4), 429–444.
Chaffin, M., Bard, D., Hecht, D., & Silovsky, J. (2011). Change trajectories during home-based services with chronic child welfare cases. Child Maltreatment, 16(2), 114–125.
Cohen, J., & Youcha, V. (2004). Zero to three: Critical issues for the juvenile and family court. Juvenile and Family Court Journal, 55(2), 15–27.
Cooklin, A. (2006). Children of parents with mental illness. In L. Combrinck-Graham (Ed.), Children in family contexts: Perspectives on treatment (pp. 265–291). New York, NY: Guilford Press.
Cowen, P. S. (1999). Child neglect: Injuries of omission. Pediatric Nursing, 25, 401–436.
Crittenden, P. M. (1999). Child neglect: Causes and contributors. In H. Dubowitz (Ed.), Neglected children: Research, practice, and policy (pp. 47–68). Thousand Oaks, CA: Sage Publications.
DeBellis, M. D. (2009). Neuropsychological findings in childhood neglect and their relationships to pediatric PTSD. Journal of the International Neuropsychological Society, 15, 868–878.
DePanfilis, D., & Zuravin, S. J. (1999). Predicting child maltreatment recurrences during treatment. Child Abuse and Neglect, 23(8), 729–743.
Donald, T., & Jureidini, J. (2004). Parenting Capacity. Child Abuse Review, 13, 5–17.
Donelan-McCall, N., Eckenrode, J., & Olds, D. L. (2009). Home visiting for the prevention of child maltreatment: Lessons learned during the past 20 years. Pediatric Clinics of North America, 56, 389–403.
Drake, B., Jonson-Reid, M., & Sapokaite, L. (2006). Reporting of child maltreatment: Does participation in other public sector services moderate the likelihood of a second maltreatment report? Child Abuse and Neglect, 11, 1201–1226.
Drake, B., Jonson-Reid, M., Way, I., & Chung, S. (2003). Substantiation and recidivism. Child Maltreatment, 8(4), 248.
Dwyer, J. D. (2008). The child protection pretense: States’ continued consignment of newborn babies to unfit parents. Minnesota Law Review, 93(2), 407–492.
Ebel, R. L. (1951). Estimation of the reliability of ratings. Psychometrika, 16, 407–424.
Erickson, M. F., & Egeland, B. (1996). Child neglect. In J. Briere, L. Berliner, J. Bulkley, C. Jenny, & T. Reid (Eds.), The APSAC handbook on child maltreatment (pp. 4–20). Thousand Oaks, CA: Sage Publications.
Fluke, J. D., Yuan, Y. T., Hedderson, J., & Curtis, P. A. (2003). Disproportionate representation of race and ethnicity in child maltreatment: Investigation and victimization. Children and Youth Services Review, 25(5–6), 359–373.
Gambrill, E., & Shlonsky, A. (2001). The need for comprehensive risk management systems in child welfare. Children and Youth Service Review, 23(1), 79–107.
Garret, P. M. (2002). Getting ‘a grip’: New Labor and the reform of the law on child adoption. Critical Social Policy, 22(2), 174–202.
Gold, N., Benbenishty, R., & Osmo, R. (2001). A comparative study of risk assessment and recommended interventions in Canada and Israel. Child Abuse and Neglect, 25(5), 607–622.
Goldsmith, D. F., Oppenheim, D., & Wanlass, J. (2004). Separation and reunification: Using attachment theory and research to inform decisions affecting the placements of children in foster care. Juvenile and Family Court Journal, 55(2), 1–13.
Guterman, N. B. (1997). Early prevention of physical child abuse and neglect: Existing evidence and future directions. Child Maltreatment, 2(1), 12–34.
Harnett, P. H. (2007). A procedure for assessing parents’ capacity for change in child protection cases. Children and Youth Service Review, 29, 1179–1188.
Herrenkohl, T., & Herrenkohl, R. (2007). Examining the overlap and prediction of multiple forms of child maltreatment, stressors, and socioeconomic status: A longitudinal analysis of youth outcomes. Journal of Family Violence, 22, 553–562.
Hill, M., Lambert, L., Triseliotis, J., & Buist, M. (1992). Making judgments about parenting: The example of freeing for adoption. British Journal of Social Work, 22(4), 373–389.
Howe, D. (1995). Attachment theory for social work practice. London: MacMillan.
Jonson-Reid, M., Chung, S., Way, I., & Jolley, J. (2010a). Understanding service use and victim patterns associated with re-reports of alleged maltreatment perpetrators. Children and Youth Services Review, 32, 790–797.
Jonson-Reid, M., Drake, B., & Zhou, P. (2013). Neglect subtypes, race, and poverty: Individual, family, and service characteristics. Child Maltreatment, 18(1), 30–41.
Jonson-Reid, M., Emery, C. R., Drake, B., & Stahlschmidt, M. (2010b). Understanding chronically reported families. Child Maltreatment, 15, 271–281.
Jonson-Reid, M., Kohl, P., & Drake, B. (2012). Child and adult outcomes of chronic child maltreatment. Pediatrics, 129(5), 839–845.
Kelly, J. B., & Lamb, M. E. (2000). Using child development research to make appropriate custody and access decisions for young children. Family Court Review, 38(3), 297–311.
Kernan, E., & Lansford, E. J. (2004). Providing for the best interests of the child?: The Adoption and Safe Families Act of 1997. Applied Developmental Psychology, 25, 523–539.
Lilienfeld, S. O., Wood, J. M., & Garb, H. N. (2000). The scientific status of projective techniques. Psychological Science in the Public Interest, 1, 27–66.
Loman, L. A. (2006). Families frequently encountered by child protection services: A report on chronic abuse and neglect. St. Louis, MO: Institute of Applied Research. Retrieved from http://www.iarstl.org/papers/FEfamiliesChronicCAN.pdf.
Lowry, M. R. (2004). Putting teeth into ASFA: The need for statutory minimum standards. Children and Youth Service Review, 26, 1012–1031.
MacLennan, R. N. (1993). Interrater reliability with SPSS for Windows 5.0. The American Statistician, 47(4), 292–297.
Munro, E. (1996). Avoidable and unavoidable mistakes in child protection work. British Journal of Social Work, 26, 793–808.
Newman, S. A. (1994). Assessing the quality of expert testimony in cases involving children. Psychiatry and Law, 12(2), 181–235.
Noonan, K., & Burke, K. (2005). Termination of parental rights: Which foster care children are affected? The Social Science Journal, 42, 241–256.
Phillips, H., Shyne, W., Sherman, A., & Haring, L. (1971). Factors associated with placement decisions in child welfare. New York: Child Welfare League of America.
Reder, P., & Lucey, C. (1995). Significant issues in the assessment of parenting. In P. Reder & C. Lucey (Eds.), Assessment of parenting: Psychiatric and psychological contributions (pp. 3–21). London: Routledge.
Silovsky, J. F., Bard, D., Chaffin, M., Hecht, D., Burris, L., Owora, A., & Lutzker, J. (2011). Prevention of child maltreatment in high-risk rural families: A randomized clinical trial with child welfare outcomes. Children and Youth Services Review, 33(8), 1435–1444.
Smith, M. G., & Fong, R. (2004). The children of neglect: When no one cares. New York, NY: Brunner-Routledge.
Stith, S. M., Lui, T., Davis, C., Boykin, E., Alder, M., Harris, J., & Dees, J. (2009). Risk factors in child maltreatment: A meta-analytic review of the literature. Aggression and Violent Behavior, 14, 13–29.
Tanner, K., & Turney, D. (2003). What do we know about child neglect? A critical review of the literature and its application to social work practice. Child and Family Social Work Practice, 8(1), 25–42.
Tyler, S., Allison, K., & Winsler, A. (2006). Child neglect: Developmental consequences, intervention, and policy implications. Child and Youth Care Forum, 35(1), 1–20.
Wattenberg, E., Kelley, M., & Kim, H. (2001). When the rehabilitation idea fails: A study of parental rights termination. Child Welfare, 80(4), 269–289.
White, A. (2005). Assessment of parenting capacity. Ashfield, N.S.W: NSW Centre for Parenting & Research, Dept of Community Services. Downloaded from http://www.community.nsw.gov.au/docswr/_assets/main/documents/research_parenting_capacity.pdf on 26.6.2012.
Wulczyn, F. (2004). Family reunification. The Future of Children, 14(1), 94–114.
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Ben-David, V. Profiles of Families at High Risk of Child Maltreatment in Israeli Court Cases Dealing with the Termination of Parental Rights. Child Adolesc Soc Work J 32, 359–373 (2015). https://doi.org/10.1007/s10560-015-0378-4
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DOI: https://doi.org/10.1007/s10560-015-0378-4