Juvenile and Family Court Journal最新文献

Child abuse is a pervasive form of gender-based violence that inflicts lasting trauma on its victims, their families, and their communities. Participation in the criminal legal system can exacerbate this trauma, particularly for children and youth experiencing intersecting and systemic inequalities. Trauma-informed practices have emerged as a framework for various systems to recognize the effects of trauma and adapt interactions to promote healing and reduce re-traumatization. This raises an overarching question of what the elements of a trauma-informed approach to child abuse in the criminal legal system are. This article synthesizes the state of the literature and current practices as they relate to trauma-informed approaches for children and youth victimized by child abuse who are engaged with the criminal legal system, focusing on the Canadian legal and policy context. We summarize the impact of legal system involvement for these children and youth and explore how trauma-informed approaches are conceptualized within the criminal legal system, including restorative and transformative justice approaches. We also identify core elements of trauma-informed approaches to the legal process in child abuse cases and the associated policy and practice implications for the criminal legal system. Lastly, we identify gaps in the literature and outline future directions and recommendations for research to expand knowledge and reduce system-induced trauma for these vulnerable young people.

Military installations function as complex jurisdictional enclaves where service members' children intermingle with civilian youth, creating a compelling national security interest in clearly defined authority over juvenile justice. This article, an excerpt of a larger corpus of research regarding jurisdictional transfers at military installations, examines the historical development and current challenges of establishing concurrent jurisdiction over juvenile matters on military installations, analyzing the unique classification of juvenile law and its impact on jurisdictional frameworks. Through analysis of federal and state legislation, court decisions, and practical implementation across all 50 states, this research identifies significant gaps in current juvenile justice frameworks on military installations. These ambiguities can result in juvenile cases being dismissed from state courts, even in states with concurrent jurisdiction over criminal matters. The article provides a model framework for establishing comprehensive concurrent juvenile jurisdiction, including specific recommendations for state legislative reform. Key elements include explicit inclusion of juvenile matters in jurisdictional statutes, clear definition of status offenses, precise description of jurisdictional boundaries, and authorization of intergovernmental agreements. This research contributes to ongoing Department of Defense efforts to remove barriers to juvenile justice on military installations while ensuring young people have access to appropriate rehabilitative services through state juvenile justice systems.

Military-connected survivors of domestic violence, dating violence, sexual assault, and stalking (DVSAS) encounter unique challenges that exacerbate trauma experiences as they navigate various support systems, including civilian and military court systems. Jurisdictional mazes, the stigma surrounding trauma-related conditions, and limitations and confusion on the enforcement of protective orders create significant barriers to accessing court systems and, ultimately, legal recourse. This article explores three priority areas for all criminal justice personnel to consider when working with military-connected survivors: unique barriers for military-connected survivors in court systems; PTSD stigma and the misuse of trauma in legal proceedings; and recommendations for education, policy reform, and survivor-centered approaches. Additionally, this article presents key insights from NOVA's Veteran Treatment Court (VTC) report (National Organization for Victim Advocacy, 2025) and listening sessions, illustrating how a deeper understanding of military-connected survivors' needs can enhance collaboration and improve services.

The connection between the Icelandic Barnahus model and the United Nations Convention on the Rights of the Child (Convention), adopted in New York on November 20, 1989, is both significant and multifaceted. The Barnahus model, now widely adopted in numerous countries, represents an integrated approach tailored to address the needs of abused children and child witnesses of violent crimes (Under the federal Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5106 g, child abuse is defined as any recent act or deliberate failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm. Child neglect, by contrast, refers to the chronic or severe failure of a parent or caretaker to provide for a child's basic physical, educational, medical, or emotional needs. See also Black's Law Dictionary, 11th ed. (2019), svv. abuse, neglect. State statutes may adopt broader or narrower formulations, but the two concepts remain legally distinct.). This model aligns closely with the Convention, which guarantees fundamental rights to children. Both the Barnahus model and the Convention (Article 3) prioritize the best interests of the child. The Convention guarantees children's protection from violence, abuse, and neglect (Article 19). Barnahus addresses abuse (affirmative harm) and neglect (failures of care) through distinct, child-centered responses. Article 13 of the Convention affirms children's right to freely express their views on matters affecting them, which the Barnahus model ensures through age-appropriate interviews and assessments (Article 12). Additionally, the model strengthens access to justice (Articles 3.1 and 40) by providing integrated services, including legal aid and support during criminal proceedings. In summary, the Barnahus model serves as a practical embodiment of the convention's principles, prioritizing children's rights and well-being while offering a cohesive approach to their protection. This study examines the Barnahus model in relation to key provisions of the convention, with a focus on the model's established standards.

An additional form of family violence that frequently is associated with juvenile and intimate partner violence and sexual assault is animal cruelty. While this dynamic is now well researched among civilian populations, it has not as yet been widely addressed in active and retired military communities where unique factors affecting service members, veterans, and their families may exacerbate the risks of interpersonal and interspecies violence. This article describes both the beneficial aspects of human–animal bonds and the adverse impacts of animal abuse among civilian, active, and veteran military service members and their families. It notes the U.S. military's limited responses to acts of animal cruelty and encourages military court judges, Family Advocacy Program centers, military veterinarians, and other stakeholders to gain more insights into both the beneficial aspects of human–animal bonds and the adverse impacts of animal abuse as a potential indicator and predictor of violence against humans. Increased awareness of the link between animal abuse and human violence can be relevant in preventing and responding to intimate partner violence, child maltreatment, and problematic juvenile behaviors in both civilian and military-connected families.

The McMartin Preschool case in the 1980s was one of several alleged day care sex abuse cases that highlighted the need to establish best practices in forensic child interviews. As a result of that case, tens of millions of dollars were allocated to study and develop child interviewing techniques that were most likely to preserve the integrity of the accounts of children identified as possible victims and survivors of child abuse. That research led to the identification and standardization of the child forensic interviewing techniques widely used today. Despite the creation of best practices for child forensic interviews, courts sometimes accept as expert witnesses professionals who promote practices that should not be used when interviewing children who may have been victimized. A recent case in Canada underscores the critical need for awareness of best practices in child forensic interviews. This discussion article examines the dangers of viewing the lack of active hypothesis testing as a sign of poor interviewing.

Obergefell v. Hodges, 576 U.S. 644 (2015) appeared to settle certain issues in family law by allowing same gender individuals to marry. Unfortunately, Obergefell left some areas of inequality between same gender and heterogeneous households, including visitation and family support rights and obligations, especially rights outside of and before and after marriage. A non-marrying biological parent, whose relationship one can prove via DNA, enjoys the right to start and maintain relationship with and parallel obligations of supporting biological children. Medicare, the local County Prosecutor's Office, and Friends of the Court work together to force support obligations upon non-custodial, biological different gender parents. In distinct contrast, same gender parents not biologically related to a child face an uphill battle to establish legal rights and enforce support obligations on the biologically related custodial parents. It falls upon State courts, as exemplified by Michigan in this paper, to what degree, if at all, to uphold or ignore these rights and obligations, and court considerations may well ignore the “best interests of the child” in favor of other values. This paper proposes that through the doctrines of “de facto” parent and “parent by estoppel,” and, “equitable parent,” biologically unrelated same gender parents of non-married couples or pre-Obergefell parents can successfully assert and become subject to the normal bonds of parenthood, creating legal equality between them and DNA linked heterogeneous parents, so preserving the parent's liberty interest as well as the “best-interests of the child.” This paper will examine this situation through looking at a single state, Michigan, and looking at an imaginary couple to explore the possible impact. This note will close with suggestions as how to build a more final solution to the issues here discussed. However, ultimately, only a Supreme Court decision or national or state law change in the law can resolve the legal inequality presented.

The Juvenile Drug Treatment Court (JDTC) Guidelines were developed to offer an evidence-based model for providing treatment to youth with substance use disorders who enter the juvenile justice system. A national evaluation was conducted to assess practices used by JDTCs and to test the guidelines. Data include program-level survey data; qualitative, guided discussions with JDTC staff; and court observations. Results reveal wide variation in the practices utilized by sites and their success in implementing the guidelines. These findings support the development of a best practice model for JDTCs to improve youth outcomes.

Implementing best practices in child welfare court cases is critical to ensuring positive outcomes for youth and families. However, it is also essential that courts are assessed for their fidelity to implement these practices and whether they are having the intended impacts. This article outlines findings from a pre/post evaluation examining the impacts of the implementation of the Enhanced Resource Guidelines (ERGs) in three urban jurisdictions. The findings from this study yield valuable insights regarding the extent to which ERGs implementation positively impacts key outcomes in court practices and case processing. Implications for ongoing practice and future research are discussed.