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Family Conflict & Family Court (PSY 375) > Midterm > Flashcards

Midterm Flashcards

1
Q

Family Court

A
  • Civil court
  • No jury, judge makes all the decisions
  • In NY each borough has their own family court
  • In New York & North Carolina juveniles who are 16 years or older immediately go to adult court if a crime is committed
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2
Q

What are the types of cases heard in family court?

A
  • Family offenses (order of protection)
  • Child custody, child support, spousal support in divorce
  • Legal guardianship of minors
  • Paternity issues
  • Child protective/permanency planning
  • Juvenile delinquency
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3
Q

What is child protective/permanency planning?

A
  • The part of the family court that manages & monitors the filing of child protective cases (ACS, foster care, etc)
  • Monitor the Juvenile Delinquency & PINS cases filed in NYC family courts
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4
Q

What is a PINS petition?

A
  • Parent in Need of Supervision
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5
Q

What are the functions of the child protective/permanency planning division?

A
  • Child protective proceedings in abuse and neglect cases
  • Foster care placement - initial & ongoing (permanency planning hearings are held every 3-6 months)
  • Family treatment court (mediation, reports on progress of bio parents, parenting classes)
  • Termination of parental rights (can no longer be determined by case workers)
  • Adoptions
  • PINS petition
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6
Q

What court handles divorce cases?

A

The NY State supreme court legally grants divorce, not family court

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7
Q

Order of protection - domestic violence

A
  • Does not always need to be filed by 2 ppl who are romantically involved
  • Order of protection can be withdrawn by person who presented it, unlike in criminal court where it cannot be withdrawn because it is the people v. the offender.
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8
Q

Who is ultimately responsible for children’s welfare if the parent is not taking care of the child or is abusing child’s rights?

A
  • Society (relatively new concept_

- First half of 20th century child advocates raised public consciousness & legislation on behalf of children began

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9
Q

What are the 4 broad rights that are outlined in the U.N Convention on the rights of the child that define the personhood of a child?

A
  • Respect requires promoting liberty, nurturance
    1. Survival (children are not property, must be fed, protected & nurtured)
    2. Protection (from abuse, neglect, economical exploitation)
    3. Development (right to an education; family environment not constitution, play & leisure)
    4. Participation (to express; be able to have their own opinion; access to information; freedom of association & assembly for teens; freedom of thoughts & religion)
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10
Q

What are the 6 broad principles from the UN Convention that guided the U.S policy?

A
  1. Policies should promote DIGNITY
  2. Provision of SERVICES should assume highest priority
  3. Children should have the right to express their VIEWS freely
  4. Policies should promote INTEGRITY of the family
  5. Children have the right to a FAMILY ENVIRONMENT
  6. PREVENTION OF HARM (to the child should be the foundation of all policy & practice decisions)
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11
Q

In 1991, the U.S Advisory Board on Child Abuse & Neglect focus on what 3 broad categories of children’s rights?

A
  1. Respect & Dignity by virtue of being a person
  2. Right to a safe & healthy family
  3. Communities must look out for protection of children
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12
Q

Children’s right fall into what 2 categories?

A
  1. The right to NURTURANCE; PROTECTION

2. The right to SELF-DETERMINATION

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13
Q

What is the right to self-determination?

A
  • Is based on the child’s status as a person (personhood)
  • Began to emerge in the 2nd half of the 20th century
  • Is sometimes in conflict with their parent’s wishes (Wisconsin v. Yoder)
  • By 2000, the law has increasingly given minors the right or liberty to make decisions which restrict the authority of their parents and the state in determining their own welfare.
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14
Q

Why is Wisconson v. Yoder (1972) significant?

A
  • Amish parents wanted to end their child’s formal education at 8th grade
  • Most people sided with parents, but recognized that a child is a person with INDIVIDUAL rights separate from their parents
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15
Q

Why is In Re Gault (1967) a signifiant case?

A
  • 15 year-old made a sexual phone call & was arrested for it
  • Ruled that a 15 year-old in the eyes of the law has to have the same rights as an adult (due process)
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16
Q

Why is children having individual rights conflicting?

A

Because there is confusion between the dependence and independence of a minor as they have limited rights

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17
Q

What are 5 areas that have seen significant change in recent years regarding child’s rights?

A
  1. Due process rights
  2. Medical & abortion rights
  3. Mental Health Treatment
  4. Rights in School (procedural due process; corporal punishment; right to protection from unreasonable search & seizure; freedom of expression)
  5. Right to participate in own custody proceedings & protection from child abuse (Kids get assigned lawyer when enter foster care; best interest of the child @ the center of family court proceedings)
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18
Q

What is “judicial bypass”?

A
  • The family court judge has the power to decide if the minor can make her own decisions without the family’s consent
  • States & court decisions vary in how many cases minors are allowed to override parents’ lack of consent
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19
Q

What accounts for the inconsistencies in extension of rights to children?

A
  • Court extends rights to minors based on the court’s perception of the minor’s competence
  • Adults are assumed competent & must be proven incompetence to take their rights away
  • Children are assumed incompetent & must prove they’re mature enough to make their own decisions
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20
Q

What is attachment?

A

The infant-caregiver emotional relationship, which is considered to be the beginning of social/interpersonal development. It is believed that attachment is a universal feature of human development.

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21
Q

What are the general 4 signs of attachment in late infancy/early childhood (9 months-2 years)

A
  1. Babies/toddlers seek to be near their primary caregivers
  2. Show distress if separated from caregiver
  3. Happy when reunited with person to whom they are attached
  4. Orient behavior towards caregiver (e.g.: watch for caregiver, listen for her voice, etc.)
  • Infants and very young children also show attachment to “transitional objects” such as teddy bears, blankets, which supports/soothes the child in primary caregiver’s absence.
  • The more attachments the better
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22
Q

What was Freud’s theory on attachment?

A

Felt that an infant feels to the person who feeds/nourishes him/her. However, later research has indicated that attachment is not necessarily based on the satisfaction of the biological hunger drive.

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23
Q

What was Harlow’s theory on attachment?

A
  • 1959-1969 studied on baby rheus monkeys
  • Monkey’s showed preference for cloth “mother” as opposed to “wired mother”. The cloth mother provided security when baby mother was frightened, even though no food was attached to cloth mother
  • Concluded that bodily contact as a source of comfort is more important in forming infant’s attachment to her mother
  • Monkey’s raised with only cloth mother’s while well nourished had behavioral problems as they were never taught how to behave
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24
Q

What was Bowlby’s theory on attachment?

A
  • Outlined 4 phases of attachment, which correlates with Erickson’s trust v. mistrust stage
    1. The preattachment phase (birth-6 weeks)
    2. The attachment in the making phase (6 weeks-6months)
    3. The clear-cut attachment phase (6-18 months): when mother or primary caregiver becomes a secure base from which baby can explore. This is when separation anxiety kicks in.
    4. Reciprocal relationship phase (18-24 months): As infant becomes more mobile, she can and does move away from mother. The pair then enters into a kind of reciprocal relationship where they maintain the balance of the attachment system.
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25
Q

What is true about a firm attachment?

A

A firm attachment is what allows a toddler and young children to retain feelings of security through more lengthy and more frequent separations from the primary caregiver (e.g.: day care, babysitters, preschool)

26
Q

What is an avoidant attachment?

A

Infant is indifferent when mother is there and when she leaves

27
Q

What is an resistant attachment?

A

Becomes upset when mother leaves but is not comforted when she returns

28
Q

What is disorganized attachment?

A

Toddler lacks any coherent, organized method for dealing with stress of separation from mother figure

29
Q

What are the 3 types of insecure attachments?

A
  1. Avoidant attachment
  2. Resistant attachment
  3. Disorganized attachment
    * typical in neglected children
30
Q

What did Mary Ainsworth research?

A

How did toddlers react when:

  • Someone they didn’t know entered the room
  • Mom leaves toddler with stranger
  • Mom returns
31
Q

What other attachments are important in children’s lives?

A
  • Fathers (if involved in more than just casual babysitting)
  • Older siblings, grandparents, extended family
  • Out of home caregivers such as daycares
32
Q

Why are other forms of attachments important?

A

Useful for child especially if there was disruptions in attachment or lack of attentiveness & responsiveness to the babies needs

33
Q

What have longitudinal studies shown are some effects in securely attached children

A
  • Are more curious in preschool
  • Feel safer in environment
  • More cooperative w/ peers (less angry & aggressive)
  • Have better relationships with teachers
  • Display more self-confidence
  • More opened to express feelings as teens
34
Q

What is reactive attachment disorder?

A

When one cannot form relationships (trusting, interpersonal) with others

35
Q

What is a social learning theory?

A
  • Bandura & dolls
  • Humans have the capacity to learn and acquire (i.e: internalize) skills and knowledge in the absence of rewards & punishments
36
Q

What is the basic principle of behaviorist learning theory?

A

People gradually acquire personality and behavior traits as a result of experiences with their enviornment

37
Q

What are maladaptive behaviors?

A
  • Psychopathology
  • Involve bad habits that were learned in maladaptive environments
  • Suggests that antisocial children have learned negative, maladaptive behaviors
38
Q

What is the ecological systems theory?

A

Concentric circles that influence a person w/ the individual at the center

39
Q

What is in the individual level of the ecological system?

A
  • Biological, cognitive, and emotional factors within the individual
  • Biological: not just genetic, but also hormonal levels during adolescence, fight v. flight response, being victim of abuse & PTSD alters brain functioning, synaptic connections
  • Cognitive: IQ; decision making abilities, problem solving skills
  • Emotional: Temperament & ability to regulate emotional responses, self-control, the effects of early attachment, or lack of them
40
Q

What is in the microsystem level of the ecological system?

A
  • Most important other people (most important people shift depending on age, for example during elementary school family is most important, while the peer group may be more important during the child’s teen years)
  • Family (parental characteristics, child-rearing practices, family functioning)
  • Peer group (anti-social peers, after school clubs, sports)
  • Extended family
41
Q

What is in the mesosystem level of the ecological system?

A
  • Neighborhoods
    (a) families that are economically stressed; population is more temporary, therefore fewer support systems
    (b) public and social services that more affluent communities have access to are limited in poor neighborhoods (after-school programs, libraries, viable supermarkets)
  • Communities
  • Schools
    (a) Do student’s believe the curriculum is relevant to their lives, that school experience will have a positive influence on their future? that good grades will lead to a more successful future?)
  • Community resources (or lack of them)
42
Q

What is in the macrosystem or exosystem level of the ecological system?

A
  • Outermost circle refers to the following influences on a person cultural, political societal influences
    a) what country you live in; government
    b) poverty (becomes a factor when combined with discrimination, inequity, absence of medical services, which lead to feelings of frustration, anger, hopelessness
    c) media
    d) accessibility of guns
    e) societal/cultural drug & alcohol abuse
43
Q

What are the 2 conflicts that arise when there is parental maltreatment?

A
  1. The child’s need to remain connected to their parents conflicts with children needs to be raised by parents who can provide an adequate and safe environment to ensure the child’s development
  2. The rights & the obligation of the state to protect the child come into conflict
44
Q

Termination of Parental Rights (TPR)

A
  • Strikes at one of the core legal & social values of our society - the rights of parents to raise their child how they see fit, but ..
  • Children cannot be viewed as property, animal livestock, etc. & child(ren) require full protection under the law, even if it means protecting them against their own parents
45
Q

What stance is the state taking if a TPR is issued?

A

The state is taking the stance that the child’s right to a safe and healthy upbringing is impossible to attain in the child’s current family, and in this case the child’s rights SUPERCEDE the parent’s rights because children deserve the rights to life, safety, and health just like adults.

46
Q

What happens when a child is removed from a biological home in which he/she was abused?

A

Agents of the state (ACS, foster care agencies, and family court judges) must decide if and when it is safe to return a child.

47
Q

How do agents of the state (ACS, foster care agencies, and family court judges) decide if and when it is safe for a child to return the child back to the biological family?

A

Most of the time it is not initially clear if bio parents can be helped or not, but due diligence needs to happen meaning that an effort has had to been made to make a decision as to what is going to happen (return to home or tpr w/ adoption)

48
Q

What is ASFA & when was it passed?

A

Adoption and Safe Families Act (ASFA) was passed by U.S Congress in 1997.

49
Q

What is the purpose of ASFA?

A
  1. A child’s safety is paramount (most important)
  2. Based on the principle that children need to grow up in permanent homes, not “languishing in foster care” where they are constantly moving from home to home with no attachment, and no permanent ties to one family, community or school. Unending years of instability & insecurity in a child’s life has very negative effects.
  3. Clarified what “reasonable efforts” to rehabilitate parents are. These reasonable efforts serve as guidelines for what foster care agencies are obligated to offer the bio parents: such as parenting classes, finding suitable housing, individual counseling, family counseling
50
Q

What are the 2 important timelines that ASFA tightened?

A
  1. Agents of the state to develop a permanency plan for the child. Reunification w/ bio parents is almost always the initial goal, ACS or foster care agency must provide parent with various services & then bring documentation to regularly scheduled permanency hearings at family court reporting parent’s progress. A Permanency hearing must be held in family court within the first 12 months that a child is in foster care, but (in nyc) extension of placement hearings are held every three months in family court as well.
  2. Bio parents must demonstrate that they are on the road to rehabilitation. The bio parent must participate in prescribed services. If a child has been in foster care for 15 of the most recent 22 months, the foster care agency must file a TPR with the family court. It does not mean it will be granted, but it means there will be a family court trial (no jury) where the bio parent has to prove to the judge why they’re a viable discharge resource for their child.
51
Q

What are the goals of ASFA?

A
  1. Permanency for every child (take into account research on attachment, the relationship between timing of adoption & age of child)
  2. Decrease time in foster care
  3. Positive outcomes for the child
52
Q

What is parallel planning?

A

Permanency plan must be realistic, so while the goal is to reunify, it is not possible for every case, therefore, this means that there must be a back up plan (secondary permanency plan at the same time as the primary permanency plan)

53
Q

What does it mean when there is a FINAL TPR Ruling?

A

Based on the finding that a bio parent is UNFIT (through evidence) to raise the child.

54
Q

What is community based foster care?

A
  • Maintain kids in the same (viable) community
  • Siblings must be placed together. If it is a large sibling group they may be split up as a group, but must be w/ another sibling. If they are split up case planner must schedule weekly sibling visitations.
55
Q

What is a conditional agreement in relation to TPR?

A

Bio parent makes a condition in return for surrendering parental rights. e.g: bio mom will voluntarily surrender rights under the condition that child is aware that she is the bio mother.

56
Q

What is the purpose of legal representation of children in court?

A
  1. Independent person to advocate for child’s best interest
  2. To give children a voice to express their position.
    * A judge must hear a child’s position, but it does not mean the judge will make the decision just based on the child’s position
57
Q

What are the lawyers tasks when representing a child

A
  • Present the:
    Facts
    Child’s best interest
    Child’s wishes
58
Q

What are two issues that arise for children’s lawyers?

A
  1. How does the lawyer determine what the child’s best interests are?
  2. What if the child’s best interest conflicts with child’s expressed wishes?
59
Q

What are some things to remember about children and their disclosure on abuse?

A
  • 70% of sexually abused children do not disclose abuse until adulthood
  • Young children cannot distinguish between good touch & bad touch
  • If child is related to abuser they may display loyalty & trust in abuser, which may inhibit the child to disclose the abuse
  • Children are sometimes psychologically manipulated, which may inhibit the child to disclose the abuse
  • Children are suggestible
60
Q

Who were the “night swimmers”?

A
  • Victims of neglect
  • Did not have adequate supervision by grandma
  • Educational neglect
  • Crossover kids
61
Q

Who was Leo Boatman & what are significant events to remember about him?

A
  • Mother was mentally ill
  • Abused by sister & grandmother
  • was in state care, kinship foster care
  • Never given services, instead locked up for offenses
  • Caseworker seemed eager to have him committed as an adult as caseworker saw everything he did as a felony
  • Was in abusive juvenile facility
  • Did not receive support after being released & later killed two innocent people (possibly out of jealousy of their happy lives)
62
Q

What is the purpose of Child Advocacy Centers?

A
  • A team of trained professionals work in C.A.C’s work with children over multiple visits to asses child.
  • After assessing the child using language children understand in a kid-friendly environment the team meets and evaluates child for abuse.
  • The teams evaluation serves as testimony as it gets sent straight to the court so that the kid never has to face the perpetrator in court.

Family Conflict & Family Court (PSY 375) (2 decks)

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