Child Protection Decision-making Research Articles

Attachment goes to court in Sweden: perception and application of attachment concepts in child removal court decisions

ABSTRACT Concerns have been raised regarding misconceptions about attachment theory in child protection settings, but the application of attachment concepts in judicial child protection decisions has not been systematically explored. This study therefore examined the perception and application of attachment concepts in Swedish judicial decision protocols concerning involuntary removals of children (aged 0–2 years) where emotional neglect was a notable concern (n=28). Attachment concepts were frequently misunderstood, and imprecisely articulated. Unsystematic observations of child behavior were used to infer attachment insecurity and, by extrapolation, caregiving deficiencies. Attachment concepts were primarily used to support child removal, and insecure attachment seemed to be viewed as meeting the legally required level of risk to warrant involuntary child out–of–home placement. Our results indicate that misconceptions about attachment theory may be prevalent in judicial decision protocols. We emphasize the need to elaborate on risks in legally relevant ways without incorrect appeals to attachment theory.

The role of the family’s ethnicity and correlates in social workers’ risk perceptions: Evidence from a vignette study in Hungary

Studies have shown that children from some ethnic minority families are disproportionately represented in the child protection system. Ethnic-based treatment is problematic because it challenges whether child protection decision-making is based on the principle of’the best interests of the child’. Roma children are also overrepresented in the child protection systems of many European countries, but little research has explored why this is so. The present study seeks to address this gap by examining child welfare workers’ perceptions of risk at the early stages of child protection decision-making. The main research question is whether they perceive higher levels of risk if the parents are Roma. Method: We use data from a vignette-based survey conducted among child welfare workers (N = 600) in Hungary in 2018. The factors influencing social workers’ risk perceptions are analysed using multilevel ordinal logistic regressions. The regression models of risk perception include case variables (harm to child, parents’ ethnicity, mother’s education, parents’ employment, housing conditions, living environment, parental alcoholism, mother’s willingness to cooperate), and the individual characteristics of the social worker. Ethnicity is examined individually as well as in interaction with other case characteristics. Results: Findings show that physical harm to the child, parental alcoholism, a messy living environment, and the non-cooperative behaviour of the mother increase the level of risk perceived by child welfare workers. There is no evidence of a statistical association between parental socioeconomic status and the social worker’s perception of risk. Family ethnicity also does not have a statistically significant impact on risk perception (main effect). However, some case characteristics affect risk perception differently when the family is of Roma origin (interaction effects). Physical abuse has a strong effect on the social worker’s perception of risk, but this effect is more modest when the family is of Roma origin. Likewise, the mother’s non-cooperative behaviour is a risk-increasing factor, but this effect disappears for Roma families. Conclusions: Although, no ethnic bias was found in social workers’ perception of risk, our findings indicate that the perception of risk for Roma families is less dependent on the circumstances of the case than for majority families. In some cases, this may lead to an unjustified overestimation of risk or, conversely, an underestimation when the family is Roma.

Child Protection Decision-Making Regarding First Nations Children in Quebec: Empirical Support for a Call for Systemic Change

Child Protection Decision-Making Regarding First Nations Children in Quebec: Empirical Support for a Call for Systemic Change

Risk perceptions and experience in child protection decision-making: A comparative study of student social workers in Wales and Aotearoa New Zealand

Decision making in child protection is the product of interacting factors between workers, organizations, families, and macro social structures. Individual perceptions of risk, safety, and harm, as one piece of this complex puzzle, are important to understand. This article reports on a comparative study of social work students in two countries: Wales and Aotearoa New Zealand. Using a mixed methods survey and a staged vignette (in which the situation becomes progressively more serious), we found there were similarities between respondents from the two countries in their perceptions of risk, safety and harm, and their reasoning processes. Beneath this broad consensus, respondents from Wales rated the level of harm to the children lower at earlier stages but were more likely to say the case should meet the threshold for statutory intervention. Risk-averse respondents were more likely to conclude the children experienced serious harm and also that the case should meet the threshold for statutory intervention. These differences largely disappeared by the concluding stage. Qualitative analysis shows that the reasoning processes used to explain risk, safety, and plan goals were similar between the two countries. Some nuanced differences emerged in relation to a risk-averse group fromAotearoa New Zealandemphasizing the importance of continuing engagement with professional services as a sign of change. Implications are discussed, particularly for workforce development and the needs of newly qualified social workers.

Managing Risk and Uncertainty in the Context of Child Protection Decision Making

Abstract Uncertainty is a concept related to, but distinct from, risk. Risk has been defined as the portion of the continuum from complete certainty to total ignorance that can be estimated using tools of probability. Uncertainty, on the other hand lies in the portion of the continuum of knowability that is incalculable and uncontrollable. It is well established that estimating risk probabilistically in the child protection context is unreliable and prone to error under conditions of high uncertainty—particularly when making decisions on the long-term needs of a child. This is true whether risk is estimated using professional judgement, statistical algorithms or a combination of both. In other disciplines, tools have been developed that transition decision making away from the probabilistic reasoning associated with judgments of risk (the ‘Predict and Act’ paradigm) to procedures that do not rely on the probabilistic estimation of risk (the ‘Monitor and Adapt’ paradigm). A pragmatic approach to adapting existing assessment procedures developed within the Predict and Act paradigm to align more closely with the Monitor and Adapt approach is presented. It is suggested that a key component of such an adaptation would be integrating case formulation into routine child protection practice.

What do we know about children’s representation in child protection decisions? A scoping review

This scoping review presents an overview of existing research about children’s representation in child protection decision-making and identifies the knowledge gaps. Representation arrangements to ensure that children’s views and/or best interests are heard are crucial as children, caregivers, and social workers often cannot represent children adequately. This international peer-reviewed scoping review entails an extensive search for peer-reviewed research articles in English and Norwegian, published between 1990 and 2022, identifying 51 relevant studies from 7800 unique articles. Thematic analysis revealed that existing research has examined various dimensions of how representation is carried out and perceived, including representatives’ roles, child—representative contact, and the value of representation. Children often lacked representation and commented on relationships and representation being valuable. While the knowledge base is stronger in these areas, it is clear that we do not know much about children’s representation overall. There are considerable knowledge gaps related to a predominance of small-scale qualitative studies, brief coverage of some subdimensions of representation, and several studies with a broader research focus than representation. Following the direction of this scoping review, future research should focus on patching up the research gaps on children’s representation in child protection decision-making. By identifying the existing research base and frontier, we can prioritize new research, test existing knowledge, and make arrangements that benefit children.

Reconciling Children’s Best Interests and Right to be Heard

Abstract This article explores the tension between the child’s best interests principle and children’s participation and examines the inherent challenges and different approaches to reconcile the dilemma in law and practice: how can children’s best interests be reconciled with their right to be heard? By exploring different systems’ institutional approaches and empirical ability to implement and honour children’s right to participation in national contexts, this article reviews the literature and suggests a framework for understanding participation through a lens of a global typology of child protection systems. Drawing on the conceptual and empirical reviews and elements from the deliberative ideal for decision-making, the article concludes by drawing up a sketch for a best interest model for meaningful, respectful and successful participation with global applicability. The model aims to enhance children’s citizenship and legitimacy of decision-making in child protection.

Social work in an assembly line? The development of specialisation in child welfare and further internal division of work between 2003 and 2018

ABSTRACT Organisational specialisation characterises present social work in Sweden as internationally. Specialisation is often expected to lead to higher professional expertise. This study provides an overview of the development of specialisation and workforce characteristics in child welfare based on survey data collected in 2003, 2014 and 2018. The aim was to describe the development of specialisation and discuss the conditions for professional expertise in child welfare work. The results indicate that child welfare work is increasingly work task specialised. Social workers reported performing fewer tasks in 2014 and 2018 compared to 2003. This could be understood mainly as a form of statutory specialisation, indicating a shift in the professional role. Also, with the tendency to divide the work into only one or two phases of the process, child welfare work today almost resembles work at an assembly line. Compared with 2003, the statutory child welfare social workers surveyed in 2014 and 2018 were also significantly younger and less experienced. Since decision-making in child protection is a highly complex and challenging task, a question is if the development may be a survival strategy of the organisations rather than an opportunity for developing expertise.

Why do mothers stay? Challenging attitudes in decision making about children at risk because of domestic violence

BackgroundThis article reports findings from research commenced in 2019. Stage one assessed the attitudes and beliefs of child protection practitioners towards domestic violence. Stage two considered the impact of combining Structured Decision Making (SDM - the standard assessment approach) with Response Based Practice (RBP - a contemporary approach to understanding violence), on child protection decisions. ObjectiveTo improve the child protection response to children who experience domestic violence. This article reports on stage three; considering the impact of practitioner attitudes and beliefs on child protection decisions and whether the combined assessment approach (SDM + RBP) moderated the impact of practitioner attitudes and beliefs. Participants and setting1041 child protection practitioners participated in the research while attending one of 17 practice conferences across New South Wales, Australia. MethodsAn innovative video vignette experiment with a between-subjects design was used, relying on professional actors to play the roles of practitioner and mother of the children reported. Participants watched a video interview of a safety assessment and completed a survey. ResultsPractitioner attitudes and beliefs were not significantly correlated with assessments about the children's safety; but attitudes did impact decisions about the likelihood of the children being brought into care. Attitudes and beliefs moderated the impact of misinformed attitudes, to some extent. ConclusionsThe research confirms the value of the combined SDM + RBP approach to guide practitioners to a more holistic understanding of domestic violence. It also confirms that assessment approaches are only ever as good as the beliefs and attitudes of the people who apply them.

Sweden’s front-line: an ethnographic approach to understanding child protection decisions

Sweden’s front-line: an ethnographic approach to understanding child protection decisions

Whakarongo Mai: Listening to the views of tamariki, whānau and kaimahi within the Aotearoa New Zealand child protection system

BackgroundThe Aotearoa New Zealand child protection system consistently fails Māori (Aotearoa New Zealand's Indigenous peoples), with recent reports calling for fundamental changes. Those longer-term shifts are necessary, but short-term changes are also needed. One such change is a shift in the way child protection decisions are made, and the ways in which tamariki (children) and whānau (families) are involved in those processes. ObjectiveThis research sought to explore the views of a small group of Māori people with experience of the child protection system on one overarching question, “how should decisions about the safety and wellbeing of tamariki Māori be made, and what role should whānau and tamariki themselves play in that process?” Participants, method and settingEight semi-structured interviews were conducted, seven of which were in person and one of which took place online. All participants were Māori, and all of them had involvement with the child protection system in either a personal or a professional capacity. Two of the participants were young people themselves. Findings and conclusionThree overarching themes were identified: that the voices of tamariki, whānau and kaimahi (professionals) all have a place, but the current system doesn't strike the right balance, that the value of tikanga (Māori cultural values and practices) cannot be understated, but care is needed for whānau who may not know that tikanga, and that the challenges experienced by whānau in this context are often intergenerational. The paper concludes with a discussion of implications for law and policy.

Recognising the embedded child in child protection: Children’s participation, inequalities and cultural capital

Children’s right to participation in child protection decision-making is supported by moral imperatives and international conventions. The fragmented implementation of this right reflects a conflicted discursive terrain that attempts to incorporate both children’s agency and their need for protection. This article uses two theoretical lenses to further examine this terrain: child welfare inequalities and cultural capital. These theories highlight how social inequities and cultural capital relating to culture and class affect participation processes and outcomes. An unintended consequence of constructing children within a traditional liberal account of rights is reduced recognition of the culturally contested nature of an individualistic construction of children. Constructing children in this way excises children from their social backgrounds and promotes the notion of a ‘universal child’. With a particular focus on class, culture and professional paradigms, I argue that the ways children’s views are elicited, the content of those views, and how they are interpreted, are subject to a set of professional assumptions that take little cognisance of the social backround of children. This includes norms relating to class and culture, and the oppressive structural relations relating to those two factors including racialisation. Concepts such as attachment theory, the ‘adultification’ of children of colour, the diminishing of Indigenous concepts of children and childhood, and the pre-eminence of the ‘concerted cultivation’ middle class parenting style are some ways this lack of recognition is enacted. The child’s cultural worldview and manner of expressing it may clash with professional cultures that prefer and reward verbal expression, independence, and entitlement when negotiating preferences with representatives of powerful social institutions (such as child protection systems). Many children may not comply with this expectation due to cultural and class socialisation processes, and the oppressive histories of child protection systems. As most child protection organisations must engage in constant translation of children’s cultural capital to ensure participation, devolving authority and resources to affected communities may better serve children's rights to participation. Communities reflecting children’s own may be more able to offer full recognition to children and enable theirparticipation more effectively.

Accessibility of child protection investigations during pandemic: A qualitative analysis of court proceedings.

Qualitative research using published court records to examine contextual factors that contribute to child protection decisions in cases involving parents with intellectual disabilities is limited, particularly during the COVID-19 pandemic. The present study conducted qualitative content analysis on 10 published Ontario court cases to study child protection decision-making between 2019 and 2021. The findings corroborated previous literature with nine out of 10 cases resulting in loss of child custody. Four major themes emerged from content analysis: (1) Impact of COVID-19 pandemic on cases; (2) Systemic barriers to accessibility; (3) Attitudes and bias toward parents with intellectual disabilities; and (4) Ultimate reliance on intellectual disability status for final custody decision. Conducting content analysis on published court cases is useful in learning about accessibility barriers for parents with intellectual disabilities and may help in understanding the impact of the COVID-19 pandemic on the child protection system.

Trading off fiscal budget adherence and child protection.

Many countries delegate a substantial part of social service decisions to local administrative levels, while federal laws provide the overall framework for service levels. Strict regulations to reduce budget overruns may however leave local governments with a potential trade-off between adhering to fiscal budgets and supplying critical welfare services as e.g. programs to protect vulnerable children. We investigate if budgetary constraints influence child protection decisions using high-quality register data. We show that the introduction of fiscal sanctions to improve budget adherence contributed to a sharp decline in budget overruns on child protective services by reducing the number of children in out-of-home care. Our results further show that monthly variation in budget adherence within a fiscal year affects the probability of a placement in out-of-home care for children in need of help towards the end of a fiscal year. We estimate that a budget overrun of 10 percentage points by mid-year leads to a 1.2 percent reduction in the number of children in care over the remaining part of the fiscal year. Municipalities reduced child protection expenditure by choosing cheaper types of care and ending placement for children in out-of-home care, particularly for children turning 18. Our paper contributes to the literature on fiscal federalism by documenting the trade-off between managing public expenditure and providing safety and equal opportunity for vulnerable children. We thus highlight that enforcing strict budget adherence may be in conflict with social policy goals. Our results raise an important discussion about centralization versus delegation of critical public services.

Racial/ethnic and gender disparities in child protection decision-making: What role do stereotypes play?

BackgroundA wide range of studies have revealed racial/ethnic and gender disparities in child protection decision-making. ObjectiveThis study investigated whether disparities are mediated by stereotypes that professionals may hold, by applying the Stereotype Content Model (SCM) which suggests that stereotypes are formed by perceptions of sociability, morality, and competence. Participants and setting258 professionals (133 current staff and 125 trainees) from Colorado participated in the study. MethodsThe study applied a 2 × 3 randomized experimental vignette design. Participants read a case in which the gender of the parent responsible for maltreatment (mother or father) and race/ethnicity of the family (white, Black, or Latinx) varied. ResultsA SEM model (CFI = .94, RMSEA = .05) with free parameters for trainees and current staff was estimated. No significant association between stereotypes and race/ethnicity and gender appeared. However, evidence for disparities emerged. In the trainee group, scores to decide for a supervision order were higher for white fathers, Black mothers, Latinx mothers, and Latinx fathers (β = 0.18 to 0.25) compared to white mothers. Current staff provided larger risk scores for Black mothers and both Latinx parents (β = 0.20 to 0.22) compared to the white mother, resulting in increased inclinations to decide for a supervision order (β = 0.26). Lastly, negative perceptions of morality increased supervision order scores (β = −0.55 to −0.36). ConclusionsEvidence for disparities in decision-making appeared, but the study could not confirm that these disparities were mediated by stereotypes. Furthermore, perceptions of morality seemed to impact decision-making processes.

What do actors in child protection processes in Sweden know about children’s rights to participation and about talking to children?

ABSTRACT Enhancing children’s participation in child protection is a frequent issue in social work. The aim of this article is to investigate the perceived knowledge and educational demands of actors in Sweden’s child protection system, regarding children’s right to participation and actors’ perceived ability to communicate with children. This article will try to answer two specific research questions: How do the social workers, lawyers and laypersons perceive their knowledge of legal frameworks concerning children’s right to participate? How do the social workers, lawyers and laypersons perceive their ability to communicate with children? This article builds on a survey, with both closed and open answer alternatives, of study participants involved in child protection decisions: social workers, lawyers and laypersons. The results show that, according to their self-ratings, knowledge of the legal framework and administrative rules for child protection were judged to be adequate amongst the three examined groups of actors, however they declared a need for a variety of educational support for the different actors. The need to develop more child-friendly communications skills was also identified. The discussion raises the question of whether or not the layperson system in Sweden enhances children’ participation.

Are human rights ‘toothless’ in Australian child protection matters? Perspectives of lawyers and social workers

Abstract Human rights law is in its infancy in Australia. Some states and territories have human rights legislation that requires government officials to take human rights into account in decision-making. However, there is very little Australian case law or commentary regarding the application of human rights law to child protection matters. In this article, we discuss the potential for human rights law to influence decision-making in child protection. We interviewed lawyers and social workers who support parents in child protection matters in the state of Queensland to determine whether they thought rights-based advocacy could bring about better outcomes for their clients. Whilst some social workers were optimistic about the potential for human rights advocacy to improve outcomes for parents, lawyers generally believed that human rights law was unlikely to assist. Jurisprudence from other jurisdictions demonstrates that human rights arguments can influence outcomes in child protection matters, so additional human rights training may be needed for lawyers and judicial officers in Australia to encourage consideration of human rights in child protection cases.

A fight for legitimacy: reflections on child protection reform, the reduction of baby removals, and child protection decision-making in Aotearoa New Zealand

ABSTRACT The rate of orders used to remove babies into the care of Oranga Tamariki reduced by more than half in Aotearoa New Zealand in 2019–2020 as a result of rapid reform, prompted by a high profile media case known as the ‘Hawkes Bay case’. This case provoked social outrage, leading to media and public approbation, inquiries by state and Māori bodies, and advocacy from multiple organisations. Combined, these challenged the legitimacy of the child protection system and led to ‘legitimacy work’, that is, attempts by Oranga Tamariki to regain legitimacy with multiple publics. Access to the legal orders used to remove babies was immediately constricted. A sharp decline in baby removals followed, both overall and the disparities between Māori and non-Māori. The focus on disparity indicators alone, skewed by a focus on public legitimacy, had several unintended consequences. These included a lag between the constrictions on orders and other reforms aimed at addressing the inequities causing disparities, the diminishment of social worker discretion, and limited attention to other forms of system accountability. In the absence of other outcome indicators, particularly those defined by Māori and system-involved families, it is difficult to draw conclusions regarding the efficacy of these changes.

El Apego Va a Juicio: Problemas de Custodia y Protección Infantil1

Attachment theory and research are drawn upon in many applied settings, including family courts, but misunderstandings are widespread and sometimes result in misapplications. The aim of this consensus statement is, therefore, to enhance understanding, counter misinformation, and steer family-court utilisation of attachment theory in a supportive, evidence-based direction, especially with regard to child protection and child custody decision-making. This article is divided into two parts. In the first part, we address problems related to the use of attachment theory and research in family courts, and discuss reasons for these problems. To this end, we examine family court applications of attachment theory in the current context of the best-interest-of-the-child standard, discuss misunderstandings regarding attachment theory, and identify factors that have hindered accurate implementation. In the second part, we provide recommendations for the application of attachment theory and research. To this end, we set out three attachment principles: the child’s need for familiar, non-abusive caregivers; the value of continuity of good-enough care; and the benefits of networks of attachment relationships. We also discuss the suitability of assessments of attachment quality and caregiving behaviour to inform family court decision-making. We conclude that assessments of caregiver behaviour should take center stage. Although there is dissensus among us regarding the use of assessments of attachment quality to inform child custody and child-protection decisions, such assessments are currently most suitable for targeting and directing supportive interventions. Finally, we provide directions to guide future interdisciplinary research collaboration.

Attachment goes to court: child protection and custody issues

ABSTRACT Attachment theory and research are drawn upon in many applied settings, including family courts, but misunderstandings are widespread and sometimes result in misapplications. The aim of this consensus statement is, therefore, to enhance understanding, counter misinformation, and steer family-court utilisation of attachment theory in a supportive, evidence-based direction, especially with regard to child protection and child custody decision-making. The article is divided into two parts. In the first, we address problems related to the use of attachment theory and research in family courts, and discuss reasons for these problems. To this end, we examine family court applications of attachment theory in the current context of the best-interest-of-the-child standard, discuss misunderstandings regarding attachment theory, and identify factors that have hindered accurate implementation. In the second part, we provide recommendations for the application of attachment theory and research. To this end, we set out three attachment principles: the child’s need for familiar, non-abusive caregivers; the value of continuity of good-enough care; and the benefits of networks of attachment relationships. We also discuss the suitability of assessments of attachment quality and caregiving behaviour to inform family court decision-making. We conclude that assessments of caregiver behaviour should take center stage. Although there is dissensus among us regarding the use of assessments of attachment quality to inform child custody and child-protection decisions, such assessments are currently most suitable for targeting and directing supportive interventions. Finally, we provide directions to guide future interdisciplinary research collaboration.