Children's Court Research Articles

Assessment as an intervention in the child and family forensic setting.

Before a Children's Court decision is reached, a clinical assessment may be ordered by the court. This assessment often occurs when tension is high for the family and when well-established defenses may falter, and it can provide a prime, critical opportunity to facilitate positive change. Comprehensive psychological assessment at the Children's Court Clinic in Melbourne, Australia, indicates the intervention value of a serious attempt to understand the complexity of the psychological issues facing a child and family. With the aid of illustrative case studies, this article discusses the therapeutic aspects and implications of such assessment.

Juvenile Sexual Offenders in Western Australia: Demographic Characteristics and Offence Histories

Very few empirical data are available in respect of juvenile sexual offenders in Australia in general, and Western Australia in particular. In order to address this need a comprehensive study was undertaken to provide, inter alia, a description of juvenile sexual offenders in Western Australia and of their offence histories. The records of 334 juvenile sexual offenders convicted in the Western Australian Children's Court (Children's Court) from January 1990 until the end of June 1998 were investigated using information obtained from official records. Aboriginal offenders were over-represented and 97.6% of offenders were male. Rape was the most prevalent sexual offence. Nearly half of the male offenders had convictions for prior and 27.6% for concurrent non-sexual offences. Property offences were the most common type of non-sexual offence.

Australia's Fragmented Family Law System: Jurisdictional Overlap in the Area of Child Protection

This article presents the findings of an empirical study of cases of jurisdictional overlap in the area of child protection.1 The study comprised a qualitative analysis of two samples of cases: one drawn predominantly from the Melbourne Children's Court in Victoria (n = 113); the other, from the Canberra Children's Court in the Australian Capital Territory (‘ACT’) (n = 10). Cases from each sample were then tracked in the federal Family Court of Australia. The dominant finding from the study was that in over two thirds of the cases the relevant child protection authority withdrew from the Children's Court proceedings and moved the matter from the Children's Court to the Family Court. This was done on the basis that a ‘viable carer’ had been identified and that carer had obtained, applied for, or was willing to apply for Family Court orders.

Hearing Only a Faint Echo? Interpreters and Children in Court

ABSTRACTThis article reports the findings of a research study that was designed to evaluate the quality of services which child-witnesses receive when they are expected to work with interpreters in court. The primary source of data used in the study was interviews with lawyers, court staff and social workers who had had least three years of experience in observing children in court. The study results supported previous South African research which has indicated that inaccuracy of translation is a pervasive problem in our courts. The article reports and discusses other problems that particularly affect children: these include an inability by many interpreters to relate or communicate appropriately when working with child-witnesses. Interpretation services tend to be particularly inadequate where children are expected to give evidence concerning sexual abuse. The article provides a series of recommendations concerning methods of selection, training and deployment of interpreters that will result in better services for child-witnesses.

Changes in the Juvenile Crime Incidence Rate by Gender in New South Wales, Australia, 1991/2 to 1996/7

The rates of appearance by boys and girls on several categories of charges before the Children's Courts in New South Wales, the most populous state in the Australian Federation, was calculated between the years 1991/2 to 1996/7, inclusive. The results show that the rate of assaults including serious assaults, robbery and extortion and drug offences allegedly committed by young people, rose during this period. The rate of increase in all these categories was greater among girls than among boys. The rates of the alleged committal of homicide and sexual assaults showed no significant change over the years 1991/2 to 1996/7 inclusive, among both boys and girls. Although the rate of alleged criminal activity by boys remains well above that of girls in all categories during this period, girls are “catching up” to boys in the alleged committal of crimes of violence and other crimes against the person.

Family preservation and child protection: The reality of Children's Court decision-making

Ainsworth and Maluccio (Australian Social Work, December 1998) drew attention to the increased use of kinship care for children who need care away from their parents. This paper discusses the aim of family preservation, on which kinship care is predicated, and the challenges for legal decision-makers to meet this aim when children are before the courts in need of care and protection. It draws from findings of a study of magistrates' decision-making in child protection cases (Sheehan 1999). The paper provides examples of family situations that typically confront the Children's Court in Victoria and the court's response to them as it attempts to balance the importance of family ties and the reality of risk for a child; a reality that challenges valued beliefs about families and their ability to always care for their children.

Le double système de protection de l'enfance: une originalité française

France has a double system of child welfare as decreed by the law of July 1989. Social welfare is under the responsibility of the Regional Council (social services, early childhood health services, and child protection services). These type of services require the family's collaboration with respect to the proposals concerning child protection: financial aid, family counseling, and placement. In case of severe danger, or if it is impossible to obtain the family's collaboration, the child's judge can order family counseling or placement. None of these measures modifies parental authority. A child in danger and the child's best interest are the two fundamental concepts which ought to guide social welfare and children's court workers in choosing the best possible protection measure.

The Century of the Child revisited

AbstractNo Abstract

The children's court and child protection: The primacy of the socio-legal response to child abuse

Solutions to family and child welfare problems are increasingly sought from the courts. The Children's Court in particular is increasingly asked to decide child care and parenting issues and to decide when the state has a claim in these matters. Child protection workers are also increasingly turning to the courts to confirm welfare concerns and justify their involvement in a family's life. Magistrates therefore have a significant role in child protection. The decisions they make have consequences not only for the child, the family, and the community but also for protective workers, as it is the magistrate's decision that directs the work of protective services, yet how magistrates make these decisions is largely unknown. The paper reports on a study of magistrate decision-making, undertaken during 1993-95 in the Family Division of the Melbourne Children's Court, Victoria, to discover what factors influenced magistrates in decision-making in child protection matters.

A MEMOIR OF MY PSYCHOANALYSIS WITH DR CLARA GEROE

British Journal of PsychotherapyVolume 16, Issue 1 p. 74-80 A MEMOIR OF MY PSYCHOANALYSIS WITH DR CLARA GEROE Deirdre Moore, Corresponding Author Deirdre Moore DEIRDRE MOORE practised in the field of psychology from 1943 to 1978. Her work began with her investigation into the fantasies of delinquent children attending the Sydney Children's Court Clinic, 1942. She is the author of three published books of biography.Address for correspondence: 1/530 Tooronga Road, East Hawthorn, Vic. 3123, Australia.Search for more papers by this author Deirdre Moore, Corresponding Author Deirdre Moore DEIRDRE MOORE practised in the field of psychology from 1943 to 1978. Her work began with her investigation into the fantasies of delinquent children attending the Sydney Children's Court Clinic, 1942. She is the author of three published books of biography.Address for correspondence: 1/530 Tooronga Road, East Hawthorn, Vic. 3123, Australia.Search for more papers by this author First published: 17 November 2006 https://doi.org/10.1111/j.1752-0118.1999.tb00493.xAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Volume16, Issue1September 1999Pages 74-80 RelatedInformation

The Double Paradox of Juvenile Justice

This article considers the history of a century of juvenile justice. Illinois 'invented' the separate 'children's court' in 1899 and this concept was spearheaded in Northern America, Great Britain and continental Europe in the first decades of the new century. However, a century after its foundation the future of the juvenile court is in doubt everywhere in the Western world. Some conclude that there is a cyclical pattern in juvenile justice policies. That proposition is rejected in this article. The proposition of a cyclical pattern also presupposes that there is no real problem at stake in treating juvenile offenders. The main point of this article, however, is that juvenile justice cannot escape trying to solve a very complicated foundational issue. This issue is a double paradox, that is, juvenile justice has to solve two philosophical questions: the justification of punishment and the justification of punishment for non-adults. This diagnosis presents a new conceptual framework for an analysis of the history of juvenile justice.

Motherhood, intellectual disability and child protection: Characteristics of a court sample

Attitudes still prevail in society that children of mothers who have an intellectual disability may be at increased risk of neglect or abuse. The present study retrospectively examined Children's Court Clinic case notes and records of 12 families before the Court on child protection grounds, in which the mother had a documented intellectual disability. Predominantly neglect rather than abuse was alleged. Mothers frequently had a history of deprivation, neglect or sexual abuse in their own childhoods. A high prevalence of co-morbidity, such as drug abuse, psychiatric or medical disorder, was a significant finding in these mothers. Fathers were often absent, but when involved, many were ill equipped to help because of intellectual or health problems. Possible risk factors within the child were high levels of developmental delay and multiple handicap. Findings suggest that the cumulative weight of stressful emotional, physical and social factors, in combination with limited intellectual resources, precipitated a crisis in child care.

If Your Worship pleases: an Australian perspective on the role of the magistrate in child protection

This paper examines the hitherto unexplored role of magistrates in child protection. It reports on a series of interviews conducted by one of the authors with magistrates in the Family Division of the Melbourne Children's Court, Victoria (Australia) in 1993–1994. These interviews form part of a current, and larger, study of magistrates' decision-making in child protection. This paper critically examines the role of magistrates in planning for children in need of care and protection. Some of the questions that the paper poses include: do magistrates focus solely on judicial aspects or do they have a role in overall case planning for children? Do they have specific aims or objectives which influence how they deal with children who come before them? Do magistrates mostly agree with the recommendations which social workers put to them? Are magistrates subject to constraints which may not be understood by other professionals? The findings of the paper will assist in clearly defining the role of the magistrate in child protection, which has distinct advantages for all professionals who work in this complex area. The most appropriate outcomes for children can only be achieved when magistrates and other professionals work in partnership. © 1998 John Wiley & Sons, Ltd.

Faces of poverty; Children in courts: Public policymaking and federal court decisions; Whose welfare? AFDC and elite politics

Journal of Policy Analysis and ManagementVolume 17, Issue 3 p. 541-549 Poverty Faces of poverty; Children in courts: Public policymaking and federal court decisions; Whose welfare? AFDC and elite politics Brian K. Gran, Corresponding Author Brian K. Gran Institution for Social and Policy Studies, Yale University, PO Box 208207, New Haven, CT 06520Institution for Social and Policy Studies, Yale University, PO Box 208207, New Haven, CT 06520Search for more papers by this authorJudith A. Levine, Judith A. Levine Robert Wood Johnson Foundation Scholar in Health Policy, School of Public Health and Poverty Research and Training Center, University of MichiganSearch for more papers by this author Brian K. Gran, Corresponding Author Brian K. Gran Institution for Social and Policy Studies, Yale University, PO Box 208207, New Haven, CT 06520Institution for Social and Policy Studies, Yale University, PO Box 208207, New Haven, CT 06520Search for more papers by this authorJudith A. Levine, Judith A. Levine Robert Wood Johnson Foundation Scholar in Health Policy, School of Public Health and Poverty Research and Training Center, University of MichiganSearch for more papers by this author First published: 06 January 1999 https://doi.org/10.1002/(SICI)1520-6688(199822)17:3<541::AID-PAM10>3.0.CO;2-IAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Volume17, Issue3Summer 1998Pages 541-549 RelatedInformation

Providing Effective Representation for Children in a New Constitutional Era: Lawyers in the Criminal and Children's Courts

(1998). Providing Effective Representation for Children in a New Constitutional Era: Lawyers in the Criminal and Children's Courts. South African Journal on Human Rights: Vol. 14, No. 4, pp. 539-559.

Faces of poverty; Children in courts: Public policymaking and federal court decisions; Whose welfare? AFDC and elite politics

Faces of poverty; Children in courts: Public policymaking and federal court decisions; Whose welfare? AFDC and elite politics

Constitutionality of provision dispensing with father's consent to adoption of illegitimate child in South Africa

Section 18(4) (d) of the Child Care Act, 1983, dispensed with the father's consent for the adoption of an illegitimate child. In this case the Children's Court had made an order sanctioning the adoption of a child and the applicant (the father of the child) sought a review of the decision on the ground that section 18(4) (d) was unconstitutional.

Children in Court: Public Policymaking and Federal Court Decisions. By Susan Gluck Mezey. Albany: State University of New York Press, 1996. 212p. $59.50 cloth, $19.95 paper.

Children in Court: Public Policymaking and Federal Court Decisions. By Susan Gluck Mezey. Albany: State University of New York Press, 1996. 212p. $59.50 cloth, $19.95 paper.

The pre-hearing convenor: A skilled practitioner chairing conferences in the Children's Court of Victoria

An evaluation of pre-hearing conferences in the Children's Court of Victoria was carried out during 1994 by five members of staff from the School of Social Work at the University of Melbourne. An interesting theme which emerged from this evaluation is the role of the convenor as pivotal to the process of the pre-hearing conference. The convenor has emerged as a critical figure in the success of the mediation process, and the knowledge, skills, and values they are equipped with are seen as essential to their effective operation. This article describes the role of convenors and the many responsibilities they must juggle in fulfilling their role, and the characteristics which make for an effective and successful conference. As conferences become a more frequent method of resolving conflict between individuals, families and society, it is hoped that the principles which emerge from this article will be applied to other conference proceedings. It is clear that we are moving away from conventional adversarial methods, to mediative and conciliative modes, and in doing so we need to become clear about the characteristics which are required for such processes. This is one exploratory study of a pilot project in Victoria which should be of interest to other conferencing and mediation mechanisms.

?Who made the code in the first place??: Delinquency and justice in an American Indian community

This paper examines the emergence of official categories of delinquency and a formal system for the legal processing of youth on one American Indian reservation. The creation of the legal code, Children's Court and Juvenile Detention Center, and the ongoing activities of these agencies are placed in the context of the larger social system of the reservation and the history of federal policies toward Indian peoples. Through in-depth interviews, participant observation, case file review, and the analysis of existing statistics, perceptions of “delinquency” and “justice” and trends in the legal processing of adolescents in this community are explored. The implications of this imposed system of law and “justice” for this community are discussed.