A New Justice System For Families And Children
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Author | : Barbara A. Babb |
Publisher | : Routledge |
Total Pages | : 211 |
Release | : 2019-01-15 |
Genre | : Law |
ISBN | : 1134842619 |
In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.
Author | : Nancy E. Dowd |
Publisher | : NYU Press |
Total Pages | : 371 |
Release | : 2015-05-15 |
Genre | : Law |
ISBN | : 1479898805 |
A New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volume—academics, activists, researchers, and those who serve in the existing system—all respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community’s legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work as well as on-the-ground programs and experience, the authors sketch out the broad parameters of such a system. Providing the principles, goals, and concrete means to achieve them, this volume imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.
Author | : Susan Baidawi |
Publisher | : Routledge |
Total Pages | : 251 |
Release | : 2019-11-15 |
Genre | : Social Science |
ISBN | : 1000731472 |
"Crossover" Children in the Youth Justice and Child Protection Systems explores the outcomes faced by the group of children who experience involvement with both child protection and youth justice systems across several countries, including the United States, United Kingdom, Canada, New Zealand, and Australia. Situated against a backdrop of international evidence and grounded in a two-year study with the Children’s Court in Victoria, Australia, this book presents a cohesive picture of the backgrounds, characteristics, and pathways traversed by crossover children. It presents statistical data from 300 crossover Children’s Court case files, alongside the expert evidence of 82 professionals, to generate a comprehensive picture of the lives of crossover children, and the individual and systemic challenges that they face. The book investigates the crucial question of why some children involved with child welfare systems experience particularly poor criminal justice outcomes, demonstrating how the convergence of cumulative childhood adversity, complex support needs, and systemic disadvantage produces acutely damaging outcomes for some crossover youth. It outlines the implications of the study, including how these findings might shape diversion and differential justice system responses to child protection-involved youth, and the innovative approaches adopted internationally to avert the care to custody pathway. This book is internationally relevant and will be of great interest to students and scholars of criminology and law, social work, psychology, and sociology, as well as legal, welfare, and government agencies and policy developers, non-government peak bodies and services, professional probation services, case managers, health and mental health services, disability and drug treatment agencies, and others who work with both young offenders and the design and implementation of policy and legislation.
Author | : Mavis Maclean |
Publisher | : Bloomsbury Publishing |
Total Pages | : 283 |
Release | : 2022-08-25 |
Genre | : Law |
ISBN | : 1509950982 |
Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
Author | : Mavis Maclean |
Publisher | : Edward Elgar Publishing |
Total Pages | : 447 |
Release | : 2023-05-09 |
Genre | : Law |
ISBN | : 1800881401 |
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
Author | : Mavis Maclean |
Publisher | : Bloomsbury Publishing |
Total Pages | : 255 |
Release | : 2019-12-12 |
Genre | : Law |
ISBN | : 1509928545 |
The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable? This title is included in Bloomsbury Professional's International Arbitration online service.
Author | : United States. Congress. House. Select Committee on Children, Youth, and Families |
Publisher | : |
Total Pages | : 216 |
Release | : 1984 |
Genre | : Juvenile delinquency |
ISBN | : |
Author | : Betty M. Chemers |
Publisher | : |
Total Pages | : 4 |
Release | : 1995 |
Genre | : Child welfare |
ISBN | : |
Author | : Ingrid K Thompson-Cooper |
Publisher | : Routledge |
Total Pages | : 236 |
Release | : 2017-07-12 |
Genre | : Social Science |
ISBN | : 1351735586 |
This title was first published in 2001. Little research has been done on the nature of decision-making by child welfare professionals in child abuse cases, or on the impact of the different approaches on victims and their families. This text compares a system which relies heavily on criminal prosecution to handle child abuse cases (England) with a system that is more treatment orientated and depends primarily on child welfare and clinical services (Canada). The study examines the extent and nature of the incestuous abuse, how it was disclosed and the initial reponse from the professionals. It then looks at how the cases are processed through child welfare and criminal justice systems with attention paid to the decisions made throughout. The nature of the social service contacts with the family are also examined as are the type and length of treatment. It attempts to determine what factors influence the legal and clinical decisions that are made by various professionals throughout the whole process.
Author | : Jane Fortin |
Publisher | : Cambridge University Press |
Total Pages | : 879 |
Release | : 2009-08-13 |
Genre | : Law |
ISBN | : 0521698014 |
This book examines how developing law and policies in England and Wales simultaneously promote and undermine children's rights.