Family Court Review最新文献_第8页

The utility of trauma evaluations in judicial decision-making in child sex trafficking cases: A qualitative analysis 创伤评估在儿童性交易案件司法决策中的效用：定性分析

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Family Court Review Pub Date : 2023-09-13 DOI: 10.1111/fcre.12742

Ginny Sprang, Sarah Ascienzo, Chelsea Atwater, Jennifer Cole

{"title":"The utility of trauma evaluations in judicial decision-making in child sex trafficking cases: A qualitative analysis","authors":"Ginny Sprang, Sarah Ascienzo, Chelsea Atwater, Jennifer Cole","doi":"10.1111/fcre.12742","DOIUrl":"https://doi.org/10.1111/fcre.12742","url":null,"abstract":"Youth coerced into trafficking experience multiple forms of abuse, and are deprived of basic human rights associated with liberty and self-determination, all of which can adversely affect mental and psychological well-being (Ottisova et al., Behavioral Medicine, 44(3), 234-241.). This study uses a qualitative approach to exploring how judges use trauma-related information to make decisions about how to adjudicate cases involving minors who have been sexually trafficked. Additionally, the study identifies barriers to receiving data, the court resources needed to effectively respond, and potential remedies to address gaps in effective case management. The study uses data from 82 juvenile and family court judges from around the USA 27-item structured interview was used to determine the availability and utility of trauma services, needed resources, and solutions to overcome gaps in effective case adjudication. Themes emerged related to lack of access to and timing issues that limited the utility of reports, lack of congruency between recommendations and available resources and child and family resistance to disclosures. Solutions to overcome barriers are related to increased cross-disciplinary collaboration, awareness and responsiveness. Legal remedies such as Safe Harbor laws can only be realized if the systemic context is aligned and appropriately resourced toward responsiveness.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"61 4","pages":"885-901"},"PeriodicalIF":0.8,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50150546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

To recommend or not recommend: That is still the question 推荐还是不推荐：这仍然是个问题

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Family Court Review Pub Date : 2023-09-13 DOI: 10.1111/fcre.12751

Lawrence Jay Braunstein, Jeffrey P. Wittmann

引用次数: 0

Hybrid processes within parenting plan assessments: Rationale and an illustrative model 育儿计划评估中的混合过程：原理和说明性模型

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Family Court Review Pub Date : 2023-09-12 DOI: 10.1111/fcre.12750

Robert A. Simon, Arnold T. Shienvold

{"title":"Hybrid processes within parenting plan assessments: Rationale and an illustrative model","authors":"Robert A. Simon, Arnold T. Shienvold","doi":"10.1111/fcre.12750","DOIUrl":"https://doi.org/10.1111/fcre.12750","url":null,"abstract":"Parenting plan Assessments, also known as child custody evaluations, are forensic psychological investigations into the needs of children, the parenting capacities of their caregivers, and the resulting fit between the children's needs and caregiver capacities. Typically, they result in recommendations that are, in the opinion of the assessor, formulated to meet the best interests of children regarding a parenting plan, child sharing, parental responsibilities and ancillary services that are likely to support the children's optimal functioning as well as the functioning of the now reconfigured family. Such assessments are part of a pathway to untangling conflicts between the parents regarding the most appropriate parenting plan for the reconfigured family. Paradoxically, the assessment process can exacerbate the conflict, entrench parental polarization, and create lingering feelings of helplessness, frustration, and disempowerment in the parents. This article provides a rationale for the use of a hybrid process that incorporates alternative dispute resolution as an integrated part of the parenting plan assessment and provides an illustrative model of such a hybrid process.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"61 4","pages":"801-817"},"PeriodicalIF":0.8,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50130486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

When I grow up… I don't want to be broke: The problems with child actor trust fund requirements 长大后……我不想破产：儿童演员信托基金要求的问题

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Family Court Review Pub Date : 2023-09-09 DOI: 10.1111/fcre.12745

Leah Gaydos

引用次数: 0

The future of parenting plan evaluations: A view from the trenches 育儿计划评估的未来：来自战壕的观点

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Family Court Review Pub Date : 2023-09-09 DOI: 10.1111/fcre.12756

Kathleen McNamara, Mary Lund

引用次数: 0

Judicial decision-making in family court involving children with autism spectrum disorder 涉及自闭症谱系障碍儿童的家庭法庭司法决策

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Family Court Review Pub Date : 2023-09-09 DOI: 10.1111/fcre.12759

Emilie Lahaie, Karine Poitras, Rachel Birnbaum

{"title":"Judicial decision-making in family court involving children with autism spectrum disorder","authors":"Emilie Lahaie, Karine Poitras, Rachel Birnbaum","doi":"10.1111/fcre.12759","DOIUrl":"https://doi.org/10.1111/fcre.12759","url":null,"abstract":"The prevalence of autism spectrum disorder (ASD) in children and adolescents has increased over the past decade. Consequently, the courts and experts are more likely to be exposed to these children whose needs are highly heterogeneous. The present study aims to document judicial decision-making about children with autism spectrum as well as the parenting recommendations made by experts involved in these cases. There were 104 court decisions reviewed in Quebec over the past ten years. The results show that 85.6% of the decisions included a child custody assessment and that judges are more likely to order primary care to mother (56%). However, shared parenting (27%) and primary care to the father (17%) were also ordered in disputes involving an autistic child. Bivariate analyses revealed that challenges with parental monitoring and supervision were associated with court-ordered parenting arrangements. The present study revealed that a child custody assessment as well as father custody are more often observed than in the general population. This study highlights the need for further research to shed light on the best interests of children with ASD following the separation of their parents.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"61 4","pages":"854-869"},"PeriodicalIF":0.8,"publicationDate":"2023-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50145371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Guest editors' introduction to the 2023 special issue on parenting plan evaluations 特邀编辑对2023年育儿计划评估特刊的介绍

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Family Court Review Pub Date : 2023-09-08 DOI: 10.1111/fcre.12757

Philip M. Stahl, Robert A. Simon, Kathleen McNamara

引用次数: 0

Why is it taking so long to move down the road?: Creating a regional border agreement in the DMV as an alternative for the Interstate Compact on the Placement of Children 为什么要花这么长时间才开始?:在车管所制定区域边界协议，作为《安置儿童州际契约》的替代方案

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Family Court Review Pub Date : 2023-09-07 DOI: 10.1111/fcre.12741

Katriina Rose Juntunen

{"title":"Why is it taking so long to move down the road?: Creating a regional border agreement in the DMV as an alternative for the Interstate Compact on the Placement of Children","authors":"Katriina Rose Juntunen","doi":"10.1111/fcre.12741","DOIUrl":"10.1111/fcre.12741","url":null,"abstract":"The Interstate Compact on the Placement of Children (ICPC) is an agreement between all 50 states and the District of Columbia governing the process of placing a foster child out of state. Notorious for its long wait times and system backlog, the ICPC presents a host of problems for children attempting to move mere minutes across state lines to be with a relative or kin placement instead of state foster care. In an effort to make this process smoother, 18 different “border agreements” have been adopted by several neighboring states across the U.S. Such border agreements give temporary placement licenses to relatives and kin while the ICPC process is ongoing. While this is a good start towards a solution, the ICPC could be further streamlined if border agreements were used more widely, especially in regional contexts. This article considers the possibility of such a regional agreement between the District of Columbia, Maryland, and Northern Virginia (known as the “DMV”). By comparing and contrasting two existing border agreements in these three jurisdictions, a regional DMV border agreement can be created implementing the best terms of both agreements.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"61 4","pages":"951-965"},"PeriodicalIF":0.8,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44026505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Identifying and managing evaluator biases in parenting plan evaluations 识别和管理评估者在育儿计划评估中的偏见

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Family Court Review Pub Date : 2023-09-06 DOI: 10.1111/fcre.12743

Lindsey Sank Davis, Philip M. Stahl

{"title":"Identifying and managing evaluator biases in parenting plan evaluations","authors":"Lindsey Sank Davis, Philip M. Stahl","doi":"10.1111/fcre.12743","DOIUrl":"10.1111/fcre.12743","url":null,"abstract":"Psychologists and other professionals are often appointed by the courts to assist families in resolving post-separation disputes and to assist judges in making orders on behalf of the best interests of the child(ren). Although these evaluations provide valuable information to the court, they require assessing areas of human behavior that are imprecisely defined or lacking professional consensus. As parents separate, their disputes may become more challenging, and they may act in uncharacteristic and unpredictable ways. Families that cannot solve their own challenges outside of court often show high levels of conflict and/or have issues that are extremely complex, including domestic violence allegations, resist-refuse family dynamics, and relocation requests. Evaluators and judges, being human, tend to oversimplify complex issues due to the limitations of the human brain. Evaluators are subject to cognitive biases that result from the use of mental heuristics, leading to shortcuts and errors in their reasoning and judgment. Other biases, such as implicit and explicit cultural biases, often influence evaluators' reasoning and conclusions. This article explores various biases that affect and potentially diminish the quality of an evaluator's work. We conclude by addressing “de-biasing” strategies that can reduce, but not negate, the risks associated with such biases.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"61 4","pages":"762-781"},"PeriodicalIF":0.8,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45262891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Models and methods of cost-effective child custody evaluation 具有成本效益的儿童监护评估模型和方法

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Family Court Review Pub Date : 2023-09-05 DOI: 10.1111/fcre.12755

Aaron Robb

引用次数: 1