Study finds that involvement in court proceedings does not influence feelings of understanding or validation for children in foster care
The articles listed below can be accessed through the corresponding journal website or accessed at a local library or university.
Kinship adoption and the associated outcomes among children and their adoptive families
Source: Block, S., Oran, H., Oran, D., Baumrind, N., and Goodman, G. (2010). Abused and neglected children in court: Knowledge and attitudes. Child Abuse & Neglect, 34(9), 659-670.
Reviewed by: Jaime Wegner-Lohin
Ongoing debate exists regarding the involvement and
participation of children in child protection related court
proceedings. Most often, children placed in foster care are not
involved in the court proceedings related to their care and
well-being. Children are argued to have a 鈥渟ilent presence鈥 (p.
659) in the courtroom, where the physical presence of a child does
not ensure that he or she understands or contributes to the court
proceedings. This study involved conducting interviews with
children immediately following their participation in court to
examine whether or not participation in and/or knowledge of court
proceedings predicted more positive attitudes toward the legal
system. The court related knowledge and attitudes of children
(n=85) aged 7 to 10, were measured utilizing a mixed methods
approach. Each structured interview involved the collection of
basic demographic information and completion of both the Children鈥檚
Court Questionnaire, and the State Anxiety Inventory for
Children.
The results indicated that age was a predictor of knowledge, with
older children having higher levels of understanding of court
proceedings. Higher levels of court knowledge were also found to be
associated with a more positive attitude toward court. Indicators
of legal involvement, in addition to state anxiety, abuse type, and
ethnicity were found to have no significant association with legal
knowledge. After controlling for demographic variables (age, abuse
type, ethnicity), previous court attendance was found to have no
association with court-related knowledge and attitudes.
Higher levels of state anxiety were found to be more prominent
amongst older children and also associated with more negative
attitudes toward the legal system. Overall, being older, a victim
of neglect and/or Caucasian predicted negative attitudes toward
court. Previous court attendance did not predict court related
knowledge or attitudes.
Qualitative analysis of child responses indicated that most
children (72%) felt that the courts were helpful in general,
however, only 53% found that court was helpful to them personally,
and fewer (31%) thought that court was positive for families.
Greater perceived participation in court proceedings did not
predict court related attitudes. This might be best explained by
the findings that the majority of children (77%) felt positive
toward their parents, many wanted to go home (64%), many (54%) did
not know or understand the case outcome, and only 37% felt believed
or listened to. This study has implications for the involvement of
children in court proceedings. The physical presence of a child may
not necessarily be an indication of a child鈥檚 understanding or
his/her perception of having a voice, being heard or believed while
in the courtroom.
Methodological notes:
Given the non-random selection of participants, the findings have limited generalizability. It is unclear if these findings would be similar across different age groups and jurisdictions. The study does, however, prove to be a rare and important opportunity to conduct research with children immediately following his/her attendance to child protection court proceedings. Though limited to correlational analysis, this research offers a number of preliminary findings regarding the knowledge and attitudes of children in foster care toward court proceedings. Further inquiry is needed to determine the applicability of such findings to other jurisdictions, and to acquire a deeper understanding of children鈥檚 court related knowledge and attitudes.
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