Adversarialism in informal, collaborative, and 'soft' inquisitorial settings : lawyer roles in child welfare legal environments

This article explores the challenges and benefits of increased legal representation in child welfare hearings, with reference to the Scottish Children’s Hearings System. We look at the role and impact of adversarial behaviours within legal environments intended to follow an informal, collaborative approach. We analyse the views of 66 individuals involved in the Hearings System, including reporters, social workers, panel members and lawyers, collected through four focus groups and 12 interviews held in 2015. We place this analysis in the context of previous research. Our findings identify concern about adversarialism, inter-professional tensions and various challenges associated with burgeoning legal representation. Difficulties stem from disparate professional values and perceived threats to the ethos of hearings. We conclude it is difficult, but possible, to incorporate an adversarial element into such forums. Doing so may help to protect rights and potentially improve decision-making for children and families. The article concludes by considering implications for the practice of lawyers and others

Toward an Ethical Reflective Practice of a Theory in the Flesh: Embodied Subjectivities in a Youth Participatory Action Research Mural Project

The focus of this paper is to demonstrate how embodied subjectivities shape research experiences. Through an autoethnography of my involvement in a Youth Participatory Action Research (YPAR) after-school program with low-income and working-class youth of Color from predominantly Latinx communities I examined my embodied subjectivities, via an ethical reflective practice, as these surfaced in the research context. Autoethnography is presented as a tool to facilitate an ethical reflective practice that aligns with heart-centered work. Drawing from an epistemology of a theory in the flesh (Anzaldúa & Moraga, 1981), embodied subjectivities are defined by the lived experiences felt and expressed through the body, identities, and positionalities of the researcher. The article concludes with implications for the development of community psychology competencies that attend to the researcher\u27s embodied subjectivities

‘The lion's den’: Social workers' understandings of risk to infants

Recent research has highlighted the increasing trends in newborn and very young children entering child welfare processes and care proceedings in a number of countries. Furthermore, differential responses to risk within young families across different geographical locations and communities in the same child protection system have been found. Safe care arrangements for newborn babies may include placement with kinship carers, or with foster carers not previously known to the family. The distinctive needs of the increasing population of infants in the care system are only beginning to be fully recognised. The short and long term impact of contested infant removals on birth mothers has been powerfully highlighted, although the impact on fathers remains under-reported. There has been limited research evidence available on how decisions about the care arrangements for newborn babies are reached. In this paper, the author draws on data from an ethnographic study of pre-birth child protection in order to explore how social workers understand and frame risk to infants when assessing families during pregnancy. Data from interviews with practitioners reveal the extent to which their conceptualisations of and anxiety about risks to unborn babies, shape plans for the future care of infants