Indian Child Welfare Act: ideas for implementation

The Indian Child Welfare Act of 1978 was passed to curb the excessive rate of placement of Indian children in non-Indian foster and adoptive homes. Congress concluded that these placements were abusive because of their contribution to the identity confusion of the Indian children who had been placed as well as the disruption of tribal culture. This article includes recommendations about implementation of the Indian Child Welfare Act which are based on a survey of individuals involved in Indian child welfare as well as experiences of the author since completion of the survey in November of 1980. In general, the recommendations are: (1) Tribal and state agencies should make special efforts to coordinate services so that the unique difficulties faced by Indian families will be addressed; (2) Urban social service agencies should assign all Indian child welfare cases to one worker or a group of workers and cooperate with urban Indian associations in the transfer of Indian child welfare cases; (3) Social workers handling cases should be involved in all aspects of transfer and not leave the management strictly to attorneys; (4) Where the act is unclear, particularly in off-reservation emergency placements, the state agency must make the policy clear so that all workers understand how Indian children will be protected in emergencies; (5) In individual cases, as well as when negotiating agreements both tribal and state agencies should avoid compromising the rights of the parties involved or the principles of the act.     

American Indian law on child abuse and neglect

A wide variety of American Indian tribal codes on child abuse and neglect are currently in effect. They range from anachronistic codes that were promulgated about fifty years ago and have never been revised to recently enacted codes that are innovative and incorporate the best practices in the field of protective services. The efforts, now underway, to collect and analyze Indian tribal codes on child abuse and neglect is supportive of the national interest to improve Indian child welfare services. The knowledge gained will be helpful to Indian tribes as they assess their own codes and will provide a new body of information on the laws in the U.S. on child abuse and neglect. In the past few years, increased national support in the United States has been focused on the protection of the best interest of Indian children with specific resources provided for the support of local Indian children and family programs operated by Indian tribal governments. Many Indian tribes are using these resources to develop and revise their child welfare codes, including those elements pertaining to child abuse and neglect. The momentum under way in the United States to improve Indian child welfare services can be expected to continue to include developments in Indian tribal codes on child abuse and neglect.     

Profile of abused and neglected American Indian children in the Southwest

From both knowledge gained working in Indian communities and a major data collection program, this article examines child abuse and neglect among the Indian tribes in a southwestern state. The period of study covers 1982 through 1985. The study sample consists of 53 children targeted by the local Indian Health Service Hospital Child Protection Team as being abused and/or neglected. In addition, information on the parents, grandparents and, in a number of cases, great-grandparents are examined. The study is a secondary data analysis of clinic and hospital records and interviews with local community health care providers and tribal officials. The results indicate that alcohol abuse was present in 85% of the neglect cases and in 63% of the abuse cases. In addition, child abuse and neglect occurred simultaneously in 65% of the sample. Child abuse and neglect are found to be part of a larger phenomenon of multiproblem families which raises the issue of intergenerational perpetuation of these problems. The results underscore the importance of interagency cooperation in surveillance, treatment, and prevention, as well as more careful and thorough documentation of record maintenance.     

Foster care assessment: A study of the placement decision process in Flanders

Family foster care placement decision-making has a weak scientific underpinning. Mostly a ‘variable-oriented approach’ is taken, which requires a lot of information that is not always available. The identification of clusters of foster children with similar characteristics may be a more viable decision strategy. In this study we investigated if foster children could indeed be clustered, which problems were identified at the time of placement, and the influence of placement history. It proved possible to group foster children into two clusters: (1) young children with familial problems and few behavioral problems, and (2) older children with prominent child problems and behavioral problems. For foster children with and without placement history, problems associated with placement proved identical. Considering that a foster care placement did not result in fundamental change in the problems present at time of placement, the importance is stressed of approaching foster care assessment as part of a decision making process which looks back as well as forward. Placement decisions should be based on an appraisal of the appropriateness of foster placement as a solution for the child. In conjunction with this appraisal a decision is required on how parents can be supported toward reunification. Or – if this is not an option – whether long term foster care is the best option for the child and if so, what conditions need to be met.     

Maltreatment following reunification: Predictors of subsequent Child Protective Services contact after children return home

ObjectivesThis study examined risk of maltreatment among children exiting foster care using a statewide sample of children reunified between 2001 and 2004 in Rhode Island. The objectives were: (1) to compare rates of maltreatment following parental reunification for youth in care as a result of maltreatment with those in care for other reasons; and (2) to assess the effects of child, family, and case characteristics on rates of re-maltreatment among children placed in foster care due to maltreatment.MethodA longitudinal dataset of all reunified cases was matched with state records of substantiated Child Protective Service (CPS) investigations. Two Cox proportional hazards models were tested. The first model compared rates of subsequent maltreatment for two groups: children in foster care as a result of maltreatment, and those in care for other reasons. The second model investigated the effects of child, family, and case characteristics on re-maltreatment rates for those in care as a result of maltreatment.ResultsChildren in foster care due to maltreatment were significantly more likely to be maltreated following reunification. Among children in foster care due to maltreatment, factors that raised risk for re-maltreatment included a previous foster care placement, exiting care from a non-relative foster home, and removal due to neglect. Older adolescents had lower rates of re-maltreatment than infants. Child neglect was the primary type of recurrent maltreatment that occurred following reunification.ConclusionsSupports are needed for families about to be reunified, particularly when the removal was prompted by incidents of abuse or neglect. Incidents of neglect are particularly likely and appropriate services should specifically target factors contributing to neglect. Cases involving youth with a history of repeated foster care placement or in which non-relative placements are utilized may need additional supports.Practice implicationsThis study suggests that services should be developed to minimize the risk for recurrent maltreatment following reunification. Services would be most useful for high-risk cases prior to reunification and during the first year following reunification. Understanding the risks associated with maltreatment will help guide development of appropriate interventions.     

Child abuse and neglect in American Indian communities

Child abuse and neglect have recently been found to occur among American Indians at rates comparable to other American population groups. Little is known about the clinical spectrum of Indian maltreatment, the psychodynamics and effective treatment modalities. Cultural misunderstanding, modernization, poverty, situational stress, poor parenting skills because of early break-up of Indian families, alcoholism, unusual perceptions of children, handicapped children, and divorce constitute factors associated with maltreatment in cases cited. Old solutions of removing children from families were largely inappropriate and ineffective and are being replaced by local efforts to develop foster homes, supportive family services, and legal procedures to protect children. Communication between agencies involved and mistrust of outsiders plus a lack of trained personnel and available community resources continue to pose major barriers to effective treatment and prevention efforts. Recent federal policies and laws clearly place the responsibility for child welfare in the hands of Indian tribes and tribal courts. The non-Indian health professional has an important but limited role in providing technical expertise and in aiding development of community resources, taking care to support but not usurp the emerging leadership of Indian people.     

Variables associated with disrupted placement in a select sample of abused and neglected children

The purpose of this study was to examine the placement history of 172 abused and/or neglected children who had been placed in a residential home for maltreated children. Data were collected on the child's placement history (i.e., number of placements, time in transition, and placement rate) and also on child and family characteristics. Pearson correlation coefficients were run between child and family variables and each of the three placement history variables. In addition, t-tests were also used as a method of analysis. Results indicated that children with the following characteristics or life circumstances experienced the more disruptive experience while in foster care: children having severe behavior problems; children who were very young when first removed from their natural home; and children having drug addicted and/or alcoholic parents. Implications of these findings indicate social workers and judges need to be alert to the potential for system abuse of children in foster placement, responsible long-term planning for any child in foster care is critical, and those involved in therapeutic treatment for abused/neglected children should be attentive to the child's placement history.     

莱斯利·希尔科作品中的叙事杂糅特征

美国著名印第安裔女作家莱斯利·希尔科在其作品中通过口述传统、神圣典籍和神话故事力图保存自己的文化和历史,同时将印第安传统文化元素与现代西方写作技巧相融合,将部落文化与当代主流文化相结合,通过叙事方面的"第三空间"来反抗殖民者的权威,构建自己的文字复兴策略。     

Navajo child abuse and neglect study: A comparison group examination of abuse and neglect of navajo children

The presence of vastly different cultural influences on child rearing and family life in Native Americans than are found in the general population offers an opportunity to examine the issue of child abuse and neglect in a different cultural context. A study was conducted to obtain baseline data and to isolate types and circumstances associated with maltreatment of Navajo children under 9 years of age. Records from tribal and state courts, the Bureau of Indian Affairs (BIA), state social services and a sample of ambulatory pediatric cases were reviewed to elicit abuse or neglect status data for calendar year 1975. Data on 365 abuse or neglect cases were compared with 867 nonabused or nonneglected children (comparison group). A double blind case numbering system was employed to ensure confidentiality of data obtained. Abuse cases were dichotomized according to litigation status (e.g., adjudicated versus documented by clinical findings). Neglect cases were categorized by perceived parental control over circumstances leading to the neglect (e.g., voluntary versus involuntary neglect). Reliability sub-studies were conducted by study staff and Navajo volunteers to assess the degree of agreement in the classification of study case status. Tribal census data for 1975 provided baseline information from which the incidence of abuse or neglect involving Navajo children was established. Extrapolated study data suggests up to 8.6% of the reservation resident Navajo children under age 9 to have been abused or neglected. Various sociode-mographic characteristics differentiating the abusive and neglectful families from those of the nonabused or nonneglected children in the comparison group are reported.     

Inter-agency indicators of out-of-home-care placement by age 13–14 years: A population record linkage study

BackgroundCross-agency administrative data can improve cost-effective triage systems for child protection and other human service delivery.ObjectiveTo determine the minimum set of cross-agency indicators that could accurately classify placement in out-of-home-care (OOHC) before age 13–14 years.Participants and settingParticipants were 72,079 Australian children (mean age = 13.16 years; SD = 0.37; 51.4% male) and their parents, for whom linked administrative records spanning the years 1994–2016 were available for analysis within the ‘New South Wales Child Development Study’.MethodsFirst, a series of logistic regression analyses were conducted to examine associations between cross-agency (health, justice, education) risk indicators and membership of the sub-cohort of 1239 children who had an OOHC placement prior to age 13–14 years, relative to (1) the sub-cohort of 55,473 children who had no previous contact with child protection services, and (2) the sub-cohort of 15,367 children who had been reported to child protection services but had no record of OOHC placement. We then explored the classification characteristics associated with a smaller combination of risk factors, and the utility of specific familial risk factors, for classifying membership of the OOHC subgroup.ResultsA combination of six risk indicators evident before OOHC placement can classify children placed in OOHC with approximately 95% accuracy, and the presence of at least four of these risk indicators provides excellent specificity (99.6%).ConclusionsA combination of risk factors observable in administrative datasets held by multiple government agencies may be used to target support services to prevent entry into OOHC for children from vulnerable families.     

印第安传统文化初探(之二)--印第安恶作剧者多层面形象的再解读

在印第安口头文学中,恶作剧者既担当着创世者和部族文化英雄的角色,又是边缘化的孑然独行者和社会道德规范的逾越者,以好色、饕餮、傲慢、反叛、贪婪、残忍、卤莽、懒惰等恶习和蠢行而著称,且每每因自己的恶作剧行为而遭受惩罚。印第安恶作剧者的这种多层面形象蕴涵着把和谐、平衡、统一视为最理想境界的印第安宇宙观,体现着作为印第安生活主干的印第安幽默;借助于对恶作剧者形象的戏谑和嘲讽,恶作剧者故事在听众的笑声中实现了印第安口头文学的教化功能,不仅保证了部族文化传统的世代延续,而且促成部族成员对印第安道德规范的接受与认同。     

Can the actions of child welfare case managers predict case outcomes?

This study examined the effect of efforts made by child welfare case managers to involve parents in case processes on two divergent case outcomes: reunification and the termination of parental rights (TPR). The sample was comprised of a cohort of children who received child protection services while in out-of-home care during fiscal year 2009–2010 and were randomly selected by the Florida Department of Children and Families (DCF) for their case management quality of practice reviews. Findings revealed that when child welfare case managers made efforts to encourage and support parents in participating in child-related decisions and activities, there were increased chances for timely reunification. However, these same efforts were only associated with a lower risk of TPR for mothers and not for fathers. Implications of these findings are discussed.     

Control strategies and noncompliance in abusive mother-child dyads: an observational study

The present observational study of child abuse has isolated parental control strategies and child response as a promising area of investigation. The social interaction of 10 abusive and 10 matched control mothers and their preschool children was videotaped in a simulated home environment involving both structured and unstructured activities. A coding scheme was developed to record interactional behavior in each dyad. Particular emphasis was placed on the analysis of mother command/child compliance sequences. Compared to controls, abusive mothers employed more commands, and more power-assertive and less positively oriented control strategies. They were also more intrusive, more inconsistent in their use of parenting techniques, displayed more flattened affect throughout their control interactions, and were less flexible in their attempts to gain compliance from the child. In turn, children of abusive mothers demonstrated far more noncompliant behavior than their control counterparts.     

Relationship between out-of-home care placement history characteristics and educational achievement: A population level linked data study

Studies generally show children who have entered out-of-home care have worse educational outcomes than the general population, although recent research suggests maltreatment and other adversities are major contributing factors. Children’s out-of-home care experiences vary and may affect their outcomes. This study examined the influence of placement stability, reunification, type of care, time in care and age at entry to care on children’s educational outcomes. We conducted a population-based record-linkage study of children born in Western Australia between 1990 and 2010 who sat State or national Year 3 reading achievement tests (N = 235,045 children, including 2160 children with a history of out-of-home care). Children’s educational outcomes varied with many aspects of their care experience. Children placed in residential care were particularly likely to have low scores, with an unadjusted OR 6.81, 95% CI[4.94, 9.39] for low reading scores, which was partially attenuated after adjusting for background risk factors but remained significant (OR = 1.50, 95% CIs [1.08, 2.08]). Reading scores were also lower for children who had experienced changes in care arrangements in the year of the test. A dose-response effect for multiple placements was expected but not found. Older age at entering care was also associated with worse reading scores. Different characteristics of a child’s care history were interwoven with each other as well as child, family and neighbourhood characteristics, highlighting a need for caution in attributing causality. Although the level of educational difficulties varied, the findings suggest a widespread need for additional educational support for children who have entered care, including after reunification.     

Liability considerations in child welfare: lessons from Canada

OBJECTIVE: Recent years have been fraught with investigations into the deaths of children receiving child welfare services throughout North America, Europe, and Australia. These inquiries have attracted considerable media attention and public outrage. Added to this have been increases in attempts to hold social workers in child welfare responsible for the abuse and deaths of children through the criminal and civil courts. As a result of fears regarding liability, many child welfare professionals are resorting to defensive practice strategies. METHOD: This article reviews recent court decisions and legislation in Canada regarding this issue in order to assess actual risks. RESULTS: Social workers who act according to accepted standards of practice and who in good faith make difficult judgments to the best of their abilities, will not be held to be criminally culpable or civilly negligent. CONCLUSION: It is concluded that child welfare professionals who exercise reasonable caution and engage in good clinical social work practice, good record keeping, effective communication and verification of information, can continue to strive to offer the high quality services to children and their families as they have always done without any serious fear of recrimination.     

Indian in the Cupboard: A case study in perspective

The children's book, The Indian in the Cupboard, by British author Lynne Reid Banks, provides a case study which contrasts American Indian and non-Indian perspectives about stereotypes of Native Americans in children's literature, as reflected in the review literature. Exploration of the reasons why the book is becoming a classic in children's literature reinforce the need for teachers, librarians, and parents to find a role in: encouraging practitioners to understand what constitutes stereotypes of American Indians; educating potential teachers and librarians about cultural diversity; including works reflecting the voices of Native Americans in library collections for children; using caution when relying on book reviews; helping children learn critical thinking skills that enable them to recognize stereotyping; and providing and hearing the voices of Native Americans explaining why portrayals of Indian characters are often fantasized literary constructions.     

Intervening in severe physical child abuse cases: mental health, legal, and social services.

OBJECTIVE: To examine the child protection process in cases of severe physical abuse, to compare characteristics of the families with risk factors previously reported in the published literature, and to develop recommendations about the use of mental health professionals in such cases. METHOD: Reviewers examined 30 case records of severely physically abused children under age 5, nominated by child protection workers and mental health providers. The reviewers recorded demographic, clinical, and case process information such as mental health and other referrals, reunification status, and frequency of criminal prosecution. A case study was described. RESULTS: The parents displayed a range of psychological characteristics (e.g., depression, anxiety, personality disorders) and life problems (e.g., domestic violence, substance abuse, abused as child). The majority of parents denied the abuse. The children were very young (more than half under 6 months old) and many had difficult births or medical problems prior to the abuse. The most common services offered were individual psychotherapy and parenting classes. More than half of the children reunified with at least one parent within I year. Forty percent of the cases involved criminal prosecution. CONCLUSIONS: Reunification occurred more quickly and more often than expected based on the severity of the injuries. The system often relies on psychotherapy to correct the abusive behavior, even when the perpetrator remains unknown and specific risks such as substance abuse or domestic violence are present. The authors advise utilizing multidisciplinary teams for recommendations regarding reunification.     

The development of an effective response to the abuse of children in out-of-home care

The placement of children in foster or residential care does not ensure that children will be safe from abuse or neglect. The incidence of out-of-home maltreatment, especially sexual exploitation and abuse, has given rise to new community expectations and legislation which has placed the protection of children in alternate care squarely in the hands of the child protective system. These investigations differ in purpose and scope from familial investigations, and the current protective system is without adequate preparation, policy, and procedures to perform them. This paper discusses the differences in familial and out-of-home care investigations in relation to identification and reporting, assessing risk factors in the initial report, evidence gathering, essential components of the investigation, levels of culpability and corrective action approaches. The authors suggest that specialized investigation units may be more suited to these investigations than traditional child protective services.     

Indian child welfare: A community team approach to protective services

The purpose of this study is threefold: first, to describe the characteristics of child abuse and neglect on a major Indian reservation; second, to examine the impact of a community team approach to child abuse and neglect as measured by the incidence of reported abuse and neglect and admissions for emergency foster care; and third, to make recommendations for actions to close the gaps in child welfare services to Indian children living on reservations.