The description of gay and lesbian families in second-parent adoption cases

Lesbians and gay men are turning to the courts to recognize their family relationships. In this article every reported court decision where a lesbian or gay couple has successfully completed a second-parent adoption is reviewed to analyze the presentation and judicial analysis of the petitioning parties in conjunction with the current debates within family theory. Traditional family theorists argue that the contemporary family is in transition but will always be recognizable as the traditional family; postmodern theorists argue that the traditional “family” is a fiction. Results from this study indicate that judges in second-parent adoption cases rely on a traditional definition and vision of the family in evaluating the gay and lesbian petitioners before them. © 1998 John Wiley & Sons, Ltd.     

Are the Kids Alright? Rawls, Adoption, and Gay Parents

Scholars have extensively debated the family’s place within liberalism, generally, and specific attention and critique has been given to the family in Rawls’ work. What has received less focus are the requirements of parents in a Rawlsian polity and, further, what those requirements might imply for the one case where states explicitly regulate the process of becoming parents: adoption. This paper seeks to discover what might be required of parents, adoptive or otherwise, in a Rawlsian social contract state. Second, it considers adoptive parent selection in light of these requirements as well as Rawls’ arguments regarding merit and fair equality of opportunity. Finally, it considers what such a merit-based selection of adoptive parents implies for the disputed rights of same-sex couples to adopt children. Further, because the question of merit in this case will hinge upon what it means to be a “fit parent,” it also draws upon relevant empirical social science studies regarding gay and lesbian parents. The paper, then, evaluates both the theoretical and empirical validity of generalized claims that same-sex couples are less fit to be parents than are heterosexual couples.     

Innovative Approaches to Child Custody and Domestic Violence in New Zealand

Summary

In 1995, as part of a major review of domestic violence law, the New Zealand Parliament amended the legislation under which disputes about custody of and access to children are determined by the Court. Specifically, the amendment introduced a rebuttable presumption that a parent who had used violence against a child or against the other parent would not have custody of, or unsupervised access to the child unless the Court could be satisfied that the child would be safe during visitation arrangements. Three years after the implementation of this legislation, it is timely to reflect on the impact of this major domestic violence law reform initiative. Our findings indicate that there are indeed advances. Psychological violence is now clearly being considered when Courts are assessing the issue of children's safety. As well, the delineation of mandatory risk assessment factors has led many judges to see a continuum of power and control tactics as relevant in domestic violence related visitation proceedings; the previous emphasis on physical violence has given way to an analysis which more closely reflects accords with women's and children's realities of the abuse they are exposed to. Some of the old problems continue to exist despite the law changes. There are still recent cases where perpetrators of serious violence are awarded unsupervised access and where their violence continues to be construed as “out of character,” arising because of the perpetrator's “despair” about the breakdown of his relationship. These and other issues are discussed.     

Predictors of school engagement among same-sex and heterosexual adoptive parents of Kindergarteners

Little research has explored parental engagement in schools in the context of adoptive parent families or same-sex parent families. The current cross-sectional study explored predictors of parents' self-reported school involvement, relationships with teachers, and school satisfaction, in a sample of 103 female same-sex, male same-sex, and heterosexual adoptive parent couples (196 parents) of kindergarten-age children. Parents who reported more contact by teachers about positive or neutral topics (e.g., their child's good grades) reported more involvement and greater satisfaction with schools, regardless of family type. Parents who reported more contact by teachers about negative topics (e.g., their child's behavior problems) reported better relationships with teachers but lower school satisfaction, regardless of family type. Regarding the broader school context, across all family types, parents who felt more accepted by other parents reported more involvement and better parent–teacher relationships; socializing with other parents was related to greater involvement. Regarding the adoption-specific variables, parents who perceived their children's schools as more culturally sensitive were more involved and satisfied with the school, regardless of family type. Perceived cultural sensitivity mattered more for heterosexual adoptive parents' relationships with their teachers than it did for same-sex adoptive parents. Finally, heterosexual adoptive parents who perceived high levels of adoption stigma in their children's schools were less involved than those who perceived low levels of stigma, whereas same-sex adoptive parents who perceived high levels of stigma were more involved than those who perceived low levels of stigma. Our findings have implications for school professionals, such as school psychologists, who work with diverse families.     

Mental Disorders in Children and Parents in Family Law Proceedings: Cases on Child Protection Matters Versus Child Custody and Visitation Issues

Psychologists can contribute considerably to decision making in family law proceedings. The mental health of the parents and the children forms an important factor in psychological evaluation. It is the overall aim of this study to specifically examine the occurrence of mental disorders in evaluated family members in cases of termination of parental rights as opposed to cases of child custody and visitation rights. This data are based on 297 psychological evaluations completed between 2008 and 2012 at an evaluator association in Bremen, Germany. In this retrospective content analysis, evaluation reports were examined for indications of mental disorders in children, mothers and fathers. The data were assessed in bivariate analyses and logistic regression models. A total rate above 39 % indicates a comparatively high exposure to mental disorders of children and adolescents in this sample. A mental disorder of the mother and a mental disorder of the father occur significantly more often in cases of termination of parental rights than in cases of child custody/visitation rights. Children and adolescents who showed aggressive-dissocial behavior and aggressive-oppositional behavior were significantly more likely to be evaluated in legal issues of termination of parental rights as opposed to child custody/visitation rights. Restrictions in parental mental health and parenting capacity should be carefully weighed against restrictions in the mental health of the children and their developmental needs when conducting psychological evaluation.     

Stereotype‐based judgments of child welfare issues in cases of parent criminality

Approximately 2.5 million children in the European Union and the United States have incarcerated parents, the vast majority of which are fathers. Three experiments modeled on real legal cases (total N = 881) investigated how parent gender affects decisions regarding contact between incarcerated parents and their children. Results showed that measures facilitating relationship maintenance in relevant domains (sentence length, visitation rights, and alleviating postsentencing conditions) were supported less when they involved a father despite identical prior information about the legal case. Mediation analyses suggest two distinct processes explaining these disparities: participants' crime‐related attributions, and their stereotypical expectations about the different familial roles of mothers and fathers. Practical implications of these findings and directions for future research are discussed.     

The effects of nongender-role stereotyped,same-sex role models in storybooks on the self-esteem of children in grade three

This study examined the effect of nonstereotyped, same-sex role models on the self-esteem of children in Grade Three. There were 346 subjects: 315 white Australian, 15 Asian, 3 Aboriginal, 2 African, 5 Middle Eastern, and 6 European. Five groups were formed from these 346 children. Four of the groups were exposed to 12 nongender-role stereotyped stories over 4 weeks that varied from each other according to the sex of the story reader and the sex of the main character. The fifth group was a control group that was used to calculate stability and reliability. A self-concept measure was administered in a pre- and posttest format to all children. A three-way analysis of variance and subsequent analyses revealed that both girls' and boys' self-esteem increased more with same-sex role models than with the other-sex role models. In addition, girls responded better to a male role model than boys did with a female role model. The sex of the reader was irrelevant in all cases. It is concluded that since same-sex characters in storybooks can positively affect children's self-esteem, it is important for both girls and boys to have equal access to strong same-sex characters.     

'Fairness and reasonableness of the child's decision:' a proposed legal standard for children's participation in medical decision making.

Using as illustration the case of Nikolas E., a six-year-old child with HIV/AIDS, this article considers the competing rights of children, parents, and state in cases involving pediatric medical disputes. The article outlines arguments in favor of and against children's participation in medical decisions and describes legal standards currently used in resolving pediatric medical disputes. The article then proposes adoption of a new legal standard described as the 'fairness and reasonableness of the child's decision,' and articulates advantages and disadvantages of such an approach, as well as the factors that should be considered in implementing the standard. Finally, the article argues for a methodology for including children's wishes in pediatric medical decision making that is based upon Monahan and Walker's model for including social science evidence in legal contexts and evaluates alternative strategies for including children meaningfully in the process of making medical decisions that affect them.     

An evaluative study of the role of the grandparent in the best interests of the child

Abstract

Most custody decisions are made in courts hewing to the concept “the best interests of the child. “Most professionals agree that children suffer from a fractured family situation; they disagree on the degree to which children suffer at various stages of growth and development. There is a lack of agreement as to what constitutes a child's best interests. Recent research suggests that grandparents may play a very significant role in the entire life cycle of children. The legal position of grandparents in custodial matters remains somewhat ambiguous. Recently legislation has granted grandparents the right to seek visitation. This represents an awareness on the part of the court that grandparents and grandparenting may be a significant factor in actualizing the best interests of the child.     

Same-sex unions in Islam

The objective of this paper was to streamline the case for Muslim same-sex unions that was comprehensively made in Jahangir and Abdullatif (2016). Additionally, we try to address same-sex unions on the basis of non-binary gender, gender expression and sexual orientation. Based on our work, we argue that the case for Muslim same-sex unions can be made on the basis of broad principles of human dignity and affection and therefore through marriage or through the specific arguments of repelling harm and legal authority. In this regard, going beyond the overarching Islamic value of human dignity, we specifically argue that the case for same-sex unions can be anchored on verse 4:28 on facilitating a legal outlet for sexual expression.     

Children Change Their Answers in Response to Neutral Follow-Up Questions by a Knowledgeable Asker

Burgeoning evidence suggests that when children observe data, they use knowledge of the demonstrator's intent to augment learning. We propose that the effects of social learning may go beyond cases where children observe data, to cases where they receive no new information at all. We present a model of how simply asking a question a second time may lead to belief revision, when the questioner is expected to know the correct answer. We provide an analysis of the CHILDES corpus to show that these neutral follow-up questions are used in parent–child conversations. We then present three experiments investigating 4- and 5-year-old children's reactions to neutral follow-up questions posed by ignorant or knowledgeable questioners. Children were more likely to change their answers in response to a neutral follow-up question from a knowledgeable questioner than an ignorant one. We discuss the implications of these results in the context of common practices in legal, educational, and experimental psychological settings.     

Legal recognition of same-sex relationships in the United States: a social science perspective

Whether and how civil society should recognize committed relationships between same-sex partners has become a prominent, often divisive, policy issue. The present article reviews relevant behavioral and social science research to assess the validity of key factual claims in this debate. The data indicate that same-sex and heterosexual relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to her or his ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. It is concluded that same-sex couples and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Trends in public opinion toward greater support for legal recognition of same-sex couples are discussed.     

Conflict Between Religious Commitment and Same-Sex Attraction: Possibilities for a Virtuous Response

This article addresses the treatment of individuals who experience conflict between their religious convictions and their same-sex attraction. Recently, attention has been drawn to the ethical issues involved in the practice of sexual reorientation therapy (SRT) with such conflicted individuals. This article reviews the ethical arguments for and against SRT through the lens of the general ethical principles of the American Psychological Association's (2002) ethics code. Practitioners are then challenged to think about how they might respond virtuously (Meara, Schmidt, & Day, 1996) when presented with such a client. Thought questions are presented to assist therapists to develop in virtue while working with religious clients who are conflicted about same-sex desire.     

Preschool Children's Collaborative Problem-Solving Interactions: The Role of Gender,Pair Type,and Task

The purpose of this study was to investigate gender differences in problem-solving and conflict-resolution skills in preschool children. Children between 4 and 5 years of age completed 3 problem-solving tasks with either a same-sex or a different-sex peer. Children's verbal and nonverbal interactions were analyzed. Girls used mitigation more often than did boys. Mixed-sex dyads engaged in controlling verbal interactions more often than same-sex dyads. There were relationships between verbal and nonverbal behaviors and task success; these relationships also differed across pair types. The results of the study demonstrate that the gender differences in types of verbal interactions previously observed in preschool children's free play are also present in their problem-solving interactions and that children are able to alter the types of behaviors they use depending upon both partner gender and the type of task involved.     

The Quality of the Childrearing Environment of Refugee or Asylum‐Seeking Children and the Best Interests of the Child: Reliability and Validity of the BIC‐Q

The Best Interest of the Child Questionnaire (BIC‐Q) has been designed as an instrument for screening the quality of the rearing situation of asylum‐seeking or refugee children. It is intended to aid legal decisions in asylum procedures. The aim of this study was to determine the reliability and the construct validity of the BIC‐Q. Based on a study sample of refugee or asylum‐seeking children in the Netherlands (N = 74), the psychometric quality of the BIC‐Q was investigated using Cohen's kappa for the inter‐ and intrarater reliability and a nonparametric item response model for the construct validity. The interrater and intrarater reliabilities of the BIC‐Q were good (kappa = .65 and .74 respectively). The results of the item response model revealed that the 14 pedagogical environmental conditions formed a strong and valid measurement scale for the quality of the childrearing environment (H = .55; rho = .94). Preliminary results indicate that the BIC‐Q may be applied to support decisions on where the asylum‐seeking or refugee child has the best opportunities for development. Copyright © 2012 John Wiley & Sons, Ltd.     

Creative Collaboration in Young Children’s Playful Group Drawing

Collaborations that lead to creative outputs occur within different group contexts and with diverse populations, including young children. Two cases of collaborative drawing are presented in this article to consider how young children engage in creative collaboration by negotiating meaning with others through open-ended group drawing. We conceptualize group drawing as a form of social play where children can advance personal creative abilities through interactions and shared understandings with others. The two cases derive from a study that examined young children's group play through drawing. A preschool class of 16 children (aged 4–5) was observed during free play over eight 1-hour sessions. Children were free to come and go as they pleased from an art station consisting of large drawing surfaces and a variety of drawing materials. Findings from the two selected cases suggest the development of shared meaning supports creative collaboration in group drawing situations, as children use a variety of verbal and non-verbal strategies to communicate their ideas. Implications are offered for early childhood educators and environments seeking to promote creative collaboration.     

The Facets of Law: Appropriating Wittgenstein's Methods

In response to arguments made by Professors Levvis, Patterson and Eisele, I attempt to clarify a few of the main themes of my book, Law's Premises, Law's Promise. Professor Levvis’ paper gives me the opportunity to contrast the status of propositions held true by disputants in legal debate with propositions held fast as bedrock convictions about the nature of reality and experience. Professor Patterson's arguments allow me to show how legal decision making as a deliberative or interpretative practice rests, as all practices do, on a foundation of shared understanding (of mutually “knowing one's way about”). And Professor Eisele's remarks stimulate a discussion of the relation of conceptual analysis and the analysis of practices.     

Extended School Year Services for Handicapped Children: Leadership Issues and Actions

This article addresses issues that leaders should consider when determining an exceptional child's need for extended school year services. An examination of the legal issues that emerged as a result of Pennsylvania's extended school year court cases is presented, and a broader range of educational issues that were not considered in the litigation is discussed. The authors take the position that decisions to implement extended school experiences for exceptional children should be based on educational determinants exceeding those presented in Armstrong vs. Kline and the more recent court cases. In addition, specific recommendations are made regarding policy development for extended school year programs serving exceptional children.     

A General Structure for Legal Arguments About Evidence Using Bayesian Networks

A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs have been widely discussed and recently used in the context of legal arguments, there is no systematic, repeatable method for modeling legal arguments as BNs. Hence, where BNs have been used in the legal context, they are presented as completed pieces of work, with no insights into the reasoning and working that must have gone into their construction. This means the process of building BNs for legal arguments is ad hoc, with little possibility for learning and process improvement. This article directly addresses this problem by describing a method for building useful legal arguments in a consistent and repeatable way. The method complements and extends recent work by Hepler, Dawid, and Leucari (2007) on object‐oriented BNs for complex legal arguments and is based on the recognition that such arguments can be built up from a small number of basic causal structures (referred to as idioms). We present a number of examples that demonstrate the practicality and usefulness of the method.