Justice for Families

Abstract

Abstract. When a substantiated allegation of child maltreatment occurs, a family may be referred to the child welfare court. This court may temporarily remove children from their homes, making them dependents of the state. Over the course of a case, the judge assesses the child's needs and safety, and orders services for the family to help them reunify. Internationally, the child welfare court process is complex and lengthy, with a number of hearings that parents are required to attend, and a host of legal decisions rendered. One major decision that may arise from these proceedings is a permanent legal separation of children from their parents, referred to as a termination of parental rights. A decision to terminate parental rights can be life-altering for the entire family. Yet, very little is known about parents' experiences during child welfare court cases, particularly about their legal understanding. A lack of parent understanding may contribute to difficulties with navigating cases and complying with court mandates. Recent mixed-methods research conducted with parents in child welfare proceedings in the United States systematically examined parents' understanding. Findings revealed that parents had a limited understanding of common court terms, professionals' roles, and key processes. Furthermore, 12% of parents could not describe the judge's most recent decision in their case. Qualitative research in the United Kingdom and Canada demonstrates that parents in these countries may also experience challenges with understanding child welfare proceedings. Policy recommendations are offered to underscore the importance of assessing and promoting parents' legal understanding, globally.