Substance Abuse, Families, and Unified Family Courts: The Creation of a Caring Justice System

This article proposes an approach to family law decision-making tailored to assist families plagued by substance abuse. Substance abuse is linked to social, health, and economic problems facing Americans today and is a factor for a substantial number of family law litigants. By failing to address substance abuse issues, the family repeatedly may need to seek court intervention. The unified family court model is the concept of a single court that coordinates the work of independent agencies and tribunals, each with some limited role in resolving the problems incident to a family\u27s legal matters. Professor Babb has created an interdisciplinary framework for a unified family court, based on therapeutic jurisprudence and the ecology of human development, to help judges and other court professionals consider the many influences on human behavior and family life, thereby empowering the system to offer more pragmatic and effective solutions to contemporary family legal issues. The authors use the Family Division of the Circuit Court for Baltimore City, Maryland, as a case study to illustrate the proposed model. The authors describe the court structure, role of court personnel, and court services. Among the court services are substance abuse resources for litigants. If a judge and/or other court personnel are concerned about substance abuse, they may refer the litigant to a court clinical social worker, who evaluates litigants for substance abuse, prepares a court report, and refers family members to treatment as necessary. For this system to work, expertise in addiction and substance abuse is imperative. The authors conclude that all family justice systems must make a commitment to address substance abuse issues, both by understanding how these issues affect family law cases and by developing policies and procedures to effectively respond to the problem

Parent Education Programs: Review of the Literature and Annotated Bibliography

Court-connected parent education programs are an integral family service component in most of the nation’s family courts. These programs are implemented to enable the courts to respond efficiently and effectively to the proliferation of cases involving separation, divorce, and related issues such as child custody and access (Sigal, Sandler, Wolchik, and Braver, 2008; Pollet and Lombreglia, 2008; McIntosh and Deacon-Wood, 2003). Since 2007, parent education classes are mandatory in forty-six states (Pollet and Lombreglia, 2008). In Maryland, every court with jurisdiction over divorce and child custody matters utilizes some form of parent education. The findings discussed in this literature review indicate that divorce education is more effective in certain circumstances than in others. Divorce education is less successful in improving communication between parents who already are well into the divorce process, and it is more successful when introduced earlier in the divorce process (Pollet and Lombreglia, 2008; McIntosh and Deacon-Wood, 2003; Thoennes and Pearson, 1999). The literature also indicates that skills-based, interactive divorce education programs are more effective than divorce education programs that simply provide parents with information presented in a didactic format (Bacon and McKenzie 2004)

Supervised Visitation and Monitored Exchange: Review of the Literature and Annotated Bibliography

Though courts increasingly rely on supervised visitation services in custody disputes and child welfare cases (Salem, Kulak, & Deutsch, 2007), a search of the literature produces few studies reporting empirically validated aspects of supervised visitation programs. The current literature about supervised visitation extensively documents the rationale for providing the service and contains numerous descriptions of provider programs (Birnbaum & Alaggia, 2006). The next generation of research must focus on long-term outcomes that demonstrate effectiveness of supervised visitation programs (Birnbaum & Alaggia, 2006). This project involves a review of the literature concerning supervised visitation and child access services. The intent of the research is to summarize best practices supported by empirical evidence. It identifies emerging trends, issues, and gaps in the relevant literature. It also integrates the best practices analysis with recommendations for further consideration by the leadership of the Maryland Judiciary

Child Custody Evaluations: Review of the Literature and Annotated Bibliography

This review of custody evaluation literature encompasses a number of perspectives gleaned from the following: practitioners who perform the evaluations; the professional organizations that recognize the necessity to establish performance standards for practitioners; and the judges who depend on the findings and recommendations in the evaluations to assist with difficult custody decisions. General agreement exists among practitioners about the components of a comprehensive evaluation (interviews of adults responsible for child care, interviews of children and their preferences, life histories, observations, psychological testing, document review, and collateral source data), though little consensus exists about the details of performance concerning a given component. For instance, many authors recommend direct parent-child observations, but there is little agreement about observational protocols (Hynan, 2002). Choice of psychological test(s) is largely left to the discretion of the evaluator (Turkat, 2005), though evaluators are urged to choose tests that address issues of parenting capacity (AFCC Standards, 2006; DeWard, 2005). Stark differences of opinion exist concerning the suitability of using several commonly employed tests, including the Minnesota Multiphasic Personality Inventory (MMPI), the Thematic Apperception Test (TAT), Rorschach, and the Millon Clinical Multiaxial Inventory - III (MCMI-III). One author believes these tests were designed for other uses and should be excluded from the custody evaluation process (Ericson, 2007), while others assert that these tests are helpful to verify information reported by parents, children, and others in disputed custody cases (Jaffe & Mandeleew, 2008). Parent inventory tests designed for use in custody evaluations, such as the Parent-Child Relationship Inventory (Gerard, 2005) and the Parenting Stress Index (Abidin, 1995), are used more frequently since the inception of the American Psychological Association (APA) guidelines (1994) (Quinnell & Bow, 2001)