Forensic Psychology, Psychiatry and Psychotherapy Perspectives in Public Children Law.
Seminar Presentation by Dr Mark Fernando
Ladies and Gentlemen: (this is how the classical literature of talks and lectures usually begin on these subjects of: Psychology, Psychiatry and Psychotherapy.)
So, Ladies and Gentlemen: my first objective here is to begin by discussing the rather fashionable and popular topic at Universities both in the United Kingdom and in the USA. The topic is about creating “Safe Spaces.”
My initial intention here is to create a clearly defined: “Safe Space,” which is quintessential to all of our work and particularly so, regarding these very highly delicate and sensitive subject topics.
By us affirming that we are able to discuss all the ideas that are going to be presented both within, this abstract concept and also in real world situations of “Safe Spaces,” my hope and my very sincere wish is, that we are going to take these ideas away with us, when we need to professionally understand, to analyse and to process, very highly difficult and complicated situations, with very frequently traumatised and damaged people that are requiring our assistance. I would like to suggest that having “Safe Spaces,” is particularly significant and very important in conducting work about Public and Private Family and Children Law. The development of the both the concept and the actual reality of “Safe Spaces,” can thus give every reassurance and confidence to all potential vulnerable Clients who have been the Victims of any traumatic or violent episodes in their lives.
It can be emphasised that “Safe Spaces,” can also provide particularly vulnerable, sometimes traumatised and bruised people, with an axiom of humility that is devoid of super-egos and which is not arrogant at all, but a humble approach towards understanding their very practical problems.
This to some extent, can set out my very basic conceptual terms of reference. This is my own approach towards this entire subject field and this is what I try and do: 1. To be understanding and to empathise with the Victim. Which may mean to be Therapeutic, to what extent is possible. 2. To Forensically analyse the given situation, with as very much accuracy as is possible to obtain.
I would like to mention that the meaning of the word “Forensic,” is being used here by me to define a wide range of Forensic Psychology, Psychiatry and Psychotherapy perspectives and circumstances. All these perspectives and circumstances are relevant or related, to Family and Child Law.
Regarding the materials that I am including with this talk and as posted in the accompanying website, there are comparative examples from other countries, such as Iceland, Sweden, Australia, the USA, from mainland Europe and from some other regions of the world. These examples are given for comparative use, to discover the views from other nations of the world also, regarding some of these same topics.
I do need to warn you, that there are some aspects of the research and the materials that are included here, that you may find somewhat distressing, whilst you may also find some of the opinions and the views that are included here, controversial and that you may disagree with.
My attempts here and in this entire subject field, are to try and be Therapeutic whilst finding out what is True. Truth and Truth -Telling is quintessential. Honesty, Integrity, Veracity and the Reliability of Facts, if possible with Evidence, is what exactly is needed. I believe that this is also a contributory factor to a Healing process. Whereas, Falsehoods, Dishonesty, Planted Memories and what is Untrue, can only lead to the further damage of the Victim that is involved.
There are also very deep Moral, Ethical, Ontological, Epistemological and Philosophical implications regarding the need for seeking the Truth, rather than Fiction, for all the Cases involved.
In this talk, I am going to try and cover many different aspects and topics that are related to these subject fields, albeit rather briefly.
There are website hyperlinks that are included in the handout and on the seminar website given, that you may wish to read for more details.
About the social and clinical sciences theoretical position that I am taking, it is my own opinion, that it is practically possible to be both Forensic in perspective, whilst at the same time being Therapeutic and Healing, to whatever extent is possible.
The following books give the main themes to be discussed in this talk:
The Forensic Interviewing of Children
1.1. From “Barnahús – The Children´s House.” www.bvs.is: Child Forensic Interviews: Margrét Kristín Magnúsdóttir, Psychologist and Forensic Interviewer. Based on her forensic research and methodology from Iceland.
Click to access Barnahus,-an-overview.pdf
http://www.bvs.is/english
Click to access Child-Protection-Act-as-amended-2015.pdf
Click to access childrens-house-brocure.pdf
Click to access VidogborninokkarIslEn.pdf
1.2. Child Interviews: Forensic child interviews must be both formal and structured interviews. The highly skilled techniques that are used to investigate whether a child has experienced or witnessed physical or sexual abuse and if so, to get disclosure. The correct and truthful experience of the child.
1.3. If a child discloses, then to assist the child in providing a sufficient narrative and detailed information: on the nature and the extent of the abuse, including details of those responsible and to take sufficient details of the event to allow for appropriate action to be taken.
1.4. The goal of the child forensic interview is to get maximum information, from the child, whilst causing the minimum of stress and without the contamination of the evidence whatsoever. Including ensuring that no false memories are planted by anyone involved, even inadvertently.
1.5. The importance of “child friendly” settings. Ideally, a special well designed and suitable interview room. The specialised interviewer needs to be a forensic psychologist, a forensic psychotherapist, or a similar professional.
1.6. Expressions of emotions in a comfortable environment. The kind assessment of the child: to discover whether the child is telling the truth. Subjective interpretations regarding nonspecific accounts of abuse, can sometimes be sufficient. The credibility of the child can be found out by both Forensic and Therapeutic Interviewing. The goal and aim is discovering the truth, the facts from an objective standpoint. Alternative explanations can be explored in obtaining corroborating details. Whilst it is imperative to establish the child’s competency to tell the truth.
1.7. Interview Stages and Introduction Rapport: – developmental assessment – competence assessment – ground rules. Transitioning to a topic of concern. Detail gathering and corroboration: one event at a time.
Introduction: Interviewer introduce him-/or herself and people present. Explain the documentation (video/dvd recorded, notes taking). Have child introduce him-/or herself; name, age, where they live, with whom, school, grade, their friends, etc.
1.8. Rapport building: Developmental assessment – age dependent (time, date, soft/hard, smaller/bigger) – body parts inventory. Competence assessment – difference between truth and lies. Ground rules – if I ask you the same question more than once – if you don’t know the answer – if you don’t understand the question – correct me if I’m wrong. Transitioning to the topic of concern: “Tell me why you are here today talking to me ?” open-ended invitation use, the child words followed by focused follow-up questions, “… tell me all about that” “… tell me everything about that from the beginning to the end.”
1.9. Gather details and corroboration, “did (this) happen one time or more than one time ?” focus on one event at a time, (last, first, most memorable, worst, etc.) who, what, where, how,… when (young children can’t answer that) five senses what was said how it started, how it ended.
Corroboration: computers, cameras, phones, force or coercion, bribes, clothing, other things from the child’s narrative.
Once you have details on individual events… be sure to clarify details between different events, ask any follow up questions necessary for you to understand what happened. Ask the child if there is something you forgot to ask, or something else they want to talk about in transition to closure.
1.10. Closure of the Interview: maintain trust and rapport with the child, a neutral topic (cool down). Does the interviewer put the child at ease? Warm and friendly presence. Strong presence that shows: “you can tell me anything and I can handle it.“ “tell me …“ vs. “can you tell me …? “ “everything“ vs. “a little bit?“ Gentle persistence – knowing when to push for answers, as well as knowing when to stop. Pacing – allowing for silences. Use of developmentally appropriate language. There is no such thing as a perfect interview!
Forensic Interviewing of Traumatised Children
2.1. “Interviewing Traumatised Children” Based on research by: Karen Gabriel. LEGAL AID NSW CHILD REPESENTATION CONFERENCE, New South Wales, Australia.
On hope and opportunity for change for traumatised children: Dr Bruce Perry says: “The hallmarks of transforming therapeutic interaction are: safety, predictability and nurturance. Sometimes the most ‘therapeutic’ interactions often come from people who have no training (or interest) in psychological or psychiatric labels, theories or treatment and adult expectations of the child that go with these. In interacting with the child, respect, humour and flexibility, can allow the child to be valued as what they are”. Bruce.D Perry, MD, PHD in The Child Trauma Academy, “Understanding Traumatised and Maltreated Children: The Core Concepts.” www.childtrauma.org
2.2. Planning the interview: What information do you already have about the child/children’s experiences? Who else can you talk to about the child? Parents, carers, teachers, counsellors, caseworker, family GP/MD consultant. Do you need to interview the child? Will you interview the child on your own? Or with someone else? (counsellor, family GP/MD consultant). Place of interview: Privacy for the child. Child friendly interview room. Prepare yourself: Life for traumatised children is often chaotic and you need to be a calm adult. Allow sufficient time: you can’t rush the interview. Build rapport, engage and get to know the child. No set formula: playing with child dolls, drawing, talking. Use developmentally appropriate language, recognise potential for impaired cognitive functioning. Be clear about the purpose of your interview and explain to the child to some extent. Monitor the child’s behaviour and provide appropriate boundaries and limits for unsafe behaviour.
2.3. The interview: Know your limitations. You need to respect that some children will not want to talk to you. Listen to and reassure the child. Seek further advice if you need to. Be mindful of disclosure of new information from the child.
2.4. Ending the interview: Summarise for the child the main points of discussion. Check with the child that you have understood. Be clear about your future role? What happens next? Importantly, be truthful and make no false promises to the child.
3.1. Based upon: “Training of police officers in Sweden -the development of interview behaviour.” by Professor Ann-Christin Cederborg, Department of Child and Youth Studies, Stockholm University, Sweden. Ann-Christin Cederborg’s reasons for this are due to police officers in Sweden that have been criticized by judges, prosecutors, psychologists and social workers, for their undeveloped interview practice with children. Previous research findings mostly from Sweden, but also from studies of forensic interviewing in other countries, have influenced the Swedish Government’s ambition to financially support interview training of police officers. Police officers have also asked for further training in how to interview children.
3.2. In previous findings, police officers seldom used open questions when interviewing alleged child witnesses. Instead, they to a large extent, used option posing and suggestive questions. Even previously trained police officers in Sweden, relied heavily on option posing and suggestive questions. The need of a ”new” training program: The training program should enhance the quality of information provided by young victims. The new Swedish training program was inspired by NICHD protocol where the police officers are trained to structurally ask as many invitations as possible throughout the interview and the PEACE model specifically in terms of how to evaluate performances.
4.1. In the United Kingdom, a very helpful website for current guidelines regarding Forensic Child Law, can be found at:
https://www.ceop.police.uk/Documents/ACPOGuidance2009.pdf
Guidance on Investigating Child Abuse and Safeguarding Children, Second Edition, 2009 by The National Policing Improvement Agency.
4.2.
https://www.gov.uk/government/publications/working-together-to-safeguard-children–2
This is the current UK Government publication that is very helpful regarding this subject field and the wider topics within this subject area.
4.3.
https://www.gov.uk/topic/schools-colleges-childrens-services/looked-after-children
https://www.gov.uk/topic/schools-colleges-childrens-services/safeguarding-children
These are February 2017 additions and revisions to the UK Government Policy Guidelines about these subject fields.
4.4.
https://www.app.college.police.uk/?s=Interviewing+Children+
The United Kingdom College of Policing website also gives very highly detailed current guidance as to the interviewing of minors, as the Authorised Professional Practice, for all UK Police Forces.
4.5.
https://www.gov.uk/government/publications/child-sexual-exploitation-definition-and-guide-for-practitioners
http://www.workingtogetheronline.co.uk/index.html
http://www.reconstruct.co.uk/services/training.html
http://www.reconstruct.co.uk/research.html
These are also very helpful current 2017, websites that are either UK Government websites, or commissioned by the UK Government to publish on these subjects.
5.1. Based on the research work about, “Child Interviewing in Scotland,” by Deirdre Brown, Sonja Brubacher, Ann-Christin Cederborg, Coral Dando, Fiona Gabbert, John Halley, Carmit Katz, Michael Lamb, Amina Memon, Lindsay Malloy, Janice Murray, Annabelle Nicol, Robert O’Shea, Yael Orbach, Mel Pipe, Anne Ridley, Heather Stewart, Scottish Institute for Policing Research, UK North East Scotland Child Protection Committee, Children’s Memory Research Project at Otago University, NZ, and The National Institute of Child Health and Human Development, USA.
5.2. Scottish Guidelines emphasise using open prompts. Open prompts (Invitations) – “Tell me what happened” – “Tell me more about that” – “Tell me everything about that” – “Then what happened” – “What happened next”. Open prompts = research based recommendation – Open prompts elicit longer more detailed responses than closed and specific questions – Serve as evidence-in-chief – Information provided to open prompts is the most accurate (irrespective of age & delay) – Open prompts are non-suggestive – Difficult for defence to criticise the use of open prompts.
5.3. Specific/focused questions are less accurate. They cause contradictions. Children try to answer questions they don’t understand. Specific questions tap cued-recall memory. Children have difficulty with some concepts, e.g., – Behind/in front/over/under – Before/after – Times/dates/ages – Size/height/weight – Same/different – Neither/either – He/she/they. For example: “My dad puts fast petrol in the car so it goes bigger?” (4yo boy).
5.4. Open Prompts (frequency): Do you begin the main part of the interview by asking the child to provide a full account of what has happened?
Specific Questions (frequency): Do you follow-up what is said by the child by asking specific what, when, where type questions? E.g., “where were you when you played this game?”
Specific questions (effectiveness): If you do follow-up what is said by the child by asking specific questions, do you find this effective at finding out more about what happened?
5.5. Interviews conducted between November 2003 & February 2011: Interviews used as evidence in criminal and civil cases involving alleged abuse between April 2010 and April 2012. 37 interviews conducted with 25 children throughout Scotland Children aged 4 to 13 years 19 females & 6 males (2012). The percentage of each ground rule used in the interviews: Demonstrate ‘truth and lies’ “Don’t guess, say, ‘I don’t know’” “Correct me if I make a mistake” “If you don’t understand me say so” “It is important to tell the truth”. Percentage Joint Investigative Interviews with children between November 2003 and February 2011 (N=37). Ground rules remove pressure that the interviewee should provide answers if they are not sure about what happened.
5.6. Recommendation regarding ‘practice interview’ before allegations are discussed – e.g., ‘brain training’. Did interviewers use a practice interview? No practice interviews were conducted or recorded in the 37 interviews Joint Investigative Interviews with children between November 2003 and February 2011 (N=37).
Open-ended prompts Directives: Option posing & yes/no Suggestive 8%, 39%, 36%, 17%. The percentage of interviewer prompts and questions used in the substantive phase of the interviews (similar findings in other jurisdictions) Joint Investigative Interviews with children between November 2003 and February 2011 (N=37).
The percentage of interviewer prompts and questions used in the substantive phase of interviews with children (N=9). Preliminary field research (Tayside) (Nicol, La Rooy & Gabbert).
6.1. The NICHD Protocol (2000), Prof Michael Lamb Cambridge:
The NICHD Protocol (2000): Using the same standardized approach with all children has advantages – It gives every child an equal opportunity to disclose or not disclose alleged abuse – Personal biases are minimized – Assists in efforts to maintain desirable interview standards over time – reduces skill fade – 3 x number of open prompts compared to non-protocol – Results in 75% to 88% disclosure rate (4 to 13 yo) – 50% increase in chance that charges are filed – 94% guilty verdicts (vs. 46% for non-protocol interviews) – Validated in over 40,000 interviews worldwide – Not currently used in Scotland.
6.2.
http://nichdprotocol.com/
NICHD Protocol International Evidence-Based Investigative Interviewing of Children. National Institutes of Health, USA: National Institute of Child Health and Human Development.
http://nichdprotocol.com/wp-content/uploads/2013/03/Lamb-2014-Revised-Protocol.pdf
http://nichdprotocol.com/wp-content/uploads/2013/03/RevisedProtocolTMWH2final-1.pdf
7.1.
Based on the research in: “Allegation rates in forensic child abuse investigations: Comparing the Revised and Standard NICHD Protocols,” By Irit Hershkowitz, University of Haifa, Israel, Michael E. Lamb & Carmit Katz, University of Cambridge, United Kingdom.
7.2.
(n=426): 4- to 13-year-old suspected victims of intra-familial abuse were interviewed using either the NICHD Investigative Interview Standard Protocol (SP) or a Revised version of this Protocol (RP) designed to both enhance rapport between children and interviewers and provide additional non-suggestive support to suspected victims who might be reluctant to make allegations. All allegations were corroborated by independent evidence documenting that the alleged abuse had indeed taken place. Analyses revealed that children were significantly more likely to make allegations of abuse when the RP rather than the SP was employed. These results suggest that supportive forensic interviewing may facilitate valid reports of abuse by young victims who might otherwise be unwilling to make allegations.
7.3.
https://pure.royalholloway.ac.uk/portal/files/25583793/La_Rooy_TheNICHD_Protocol_Author_2015.pdf
“The NICHD protocol: a review of an internationally-used evidence-based tool for training child forensic interviewers.” David La Rooy, Sonja P. Brubacher, Anu Aromäki-Stratos, Mireille Cyr, Irit Hershkowitz, Julia Korkman, Trond Myklebust, Makiko Naka, Carlos E. Peixoto, Kim P. Roberts, Heather Stewart & Michael E. Lamb.
The Modified Stockholm Syndrome and the Modified Helsinki syndrome in Childrens Forensic Cases.
8.1.
Stockholm syndrome (sometimes referred to as Helsinki syndrome) is a condition that causes hostages to develop a psychological alliance with their captors as a survival strategy during captivity. These feelings, resulting from a bond formed between captor and captives during intimate time spent together, are generally considered irrational in light of the danger or risk endured by the victims. Generally speaking, Stockholm syndrome consists of strong emotional ties that develop between two persons where one person intermittently harasses, beats, threatens, abuses, or intimidates the other.
8.2.
Formally named in 1973 when four hostages were taken during a bank robbery in Stockholm, Sweden. Stockholm syndrome is also commonly known as “capture bonding”. The syndrome’s title was developed when the victims of the Stockholm bank robbery defended their captors after being released and would not agree to testify in court against them. Stockholm syndrome’s significance arises because it is based on a paradox, as captives’ sentiments for their captors are the opposite of the fear and disdain an onlooker may expect to see as a result of trauma.
8.3.
There are four key components that generally lead to the development of Stockholm syndrome:
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A hostage’s development of positive feelings towards their captor.
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No previous hostage-captor relationship.
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A refusal by hostages to cooperate with police forces and other government authorities.
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A hostage’s belief in the humanity of their captor, for the reason that when a victim holds the same values as the aggressor, they cease to be perceived as a threat.
The Modified Lima syndrome in Children’s Forensic Cases.
9.1. Lima syndrome: A similar form of Stockholm syndrome called Lima syndrome has been proposed, in which abductors develop sympathy for their hostages. There are many reasons why Lima syndrome can develop in abductors.Sometimes when there are multiple abductors, one or more of them will start to disagree with what they are doing and influence one another. An abductor may also have second thoughts or experience empathy towards their victims.
9.2. Symptoms and behaviours for Lima syndrome: Victims of the formal definition of Stockholm syndrome develop “positive feelings toward their captors and sympathy for their causes and goals, and negative feelings toward the police or authorities.”These symptoms often follow escaped victims back into their previously ordinary lives. For Lima syndrome, same affects abductors.
9.3. Coping mechanisms for Stockholm and Lima syndromes:From a psychoanalytic lens, it can be argued that Stockholm syndrome arises strictly as a result of survival instincts. Strentz states, “the victim’s need to survive is stronger than his impulse to hate the person who has created the dilemma.” A positive emotional bond between captor and captive is a “defence mechanism of the ego under stress”. These sentimental feelings are not strictly for show, however. Since captives often fear that their affection will be perceived as fake, they eventually begin to believe that their positive sentiments are genuine.
9.4. Stockholm syndrome is not merely a condition developed in victims of kidnappings or hostage instances. It can also be applied to a wider variety of situations, afflicting victims of domestic or child abuse, human trafficking, and incest. Prisoners of war, political terrorism, cult members, concentration camp prisoners, slaves and prostitutes, can also fall prey to Stockholm syndrome. Typically, Stockholm syndrome develops in captives when they engage in “face-to-face contact” with their captors, as well as when captors make captives doubt the likelihood of their survival by aggressively terrorizing them into “helpless, powerless, and submissive” states. This enables captors to appear to be nice people when captors perform acts of “kindness” upon, or fail to beat, abuse, or rape the victims.
Battered person syndrome (BPS)
10.1.Battered person syndrome (BPS) is a physical and psychological condition of a person who has suffered (usually persistent) emotional, physical or sexual abuse, from another person. The condition was first researched extensively by Lenore E. Walker, who used Martin Seligman’s research about: Learned Helplessness Theory, to explain why some abused spouses and children stay in destructive relationships.
10.2. When battered person syndrome (BPS) manifests as PTSD, it consists of the following symptoms: (a) re-experiencing the battering as if it were recurring even when it is not, (b) attempts to avoid the psychological impact of battering by avoiding activities, people, and emotions, (c) hyperarousal or hypervigilance, (d) disrupted interpersonal relationships, (e) body image distortion or other somatic concerns, and (f) sexuality and intimacy issues.
10.3.
Additionally, repeated cycles of violence and reconciliation can result in the following beliefs and attitudes:
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The abused thinks that the violence was his or her fault.
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The abused has an inability to place the responsibility for the violence elsewhere.
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The abused fears for her/his life, and/or, the lives of loved ones whom the abuser might or has threatened to harm (e.g., children-in-common, close relatives or friends).
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The abused has irrational beliefs about the abuser and about the power that the abuser holds over the victim/victims.
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Post traumatic stress disorder (PTSD)
11.1.
Post traumatic stress disorder (PTSD) is a mental disorder that can develop after a person is exposed to a traumatic event, such as sexual assault, warfare and other traumatic situations. These symptoms last for more than a month after the event. Young children are less likely to show distress but instead may express their memories through play. A person with PTSD is at a higher risk for suicide or and intentional self-harm.
11.2.
Most people who have experienced a traumatic event will not develop PTSD. People who experience interpersonal trauma, for example rape or child abuse, are more likely to develop PTSD, as compared to people who experience non-assault based trauma such as accidents and natural disasters. About half of people develop PTSD following rape. Children are less likely than adults to develop PTSD after trauma, especially if they are under ten years of age. Diagnosis is based on the presence of specific symptoms following a traumatic event.
11.3.
The research by Dr Susan A. Clancy at Harvard Medical School, Harvard University shows, a more complicated Child Forensic Psychology situation. Dr. Clancy argues that there is no initial Post Traumatic Stress at the time of the Child experiencing the abuse or violence. The concepts of the Modified Stockholm and the Modified Lima Syndrome can be noted from the research of Dr. Clancy. Where the Child does not experience initial PTSD, but may have reverse feelings, particularly if the situation is within a family circumstance.
11.4.
Dr Clancy’s more complicated and much more intricate Child Forensic research describes that, whilst there may not be initial Post Traumatic Stress at the time of the Child experiencing the abuse or violence, there can be effects that need Psychotherapy treatments at a future Adult stage of life, if these effects linger later in a person’s life. She does discuss in her research very explicit details of research topics such as: 1. What was it like when it happened? 2. The truth about sexual abuse. 3. The politics of sexual abuse. 4. Why the trauma myth damages the victims. 5. How the trauma myth silences victims.
Munchausen’s Syndrome, the making up of falsehoods and Munchausen Syndrome by Proxy.
12.1.
Munchausen’s syndrome is a psychological disorder where someone pretends to be ill, deliberately produces symptoms of illness in themselves or tells lies more generally. This is a very serious disorder and can have very serious effects upon the victims of such accusations.
Munchausen’s syndrome is named after a German aristocrat, Baron Munchausen, who became famous for telling wild, unbelievable tales about his exploits.
12.2.
Munchausen Syndrome by Proxy (MSBP) or Fabricated or induced illness (FII) can be a form of child abuse. It occurs when a parent or carer, usually the child’s biological mother, exaggerates or deliberately causes symptoms of illness in the child. Or others are accused by Proxy.
FII is also known as ‘Munchausen’s syndrome by proxy’.
The correct name for MSBP is now factitious disorder imposed on another (FDIA). If the person invents illness for themselves, this is factitious disorder imposed on self (FDIS).
Detailed current research that is helpful for Forensic Psychology, Psychiatry and Psychotherapy Perspectives in Public Children Law:
Introduction to the Special Issue on Adolescent and Young Adult Health: Why We Care, How Far We Have Come, and Where We Are Going Katie A. Devine, PhD Maureen Monaghan, PhD, CDE Lisa A. Schwartz, PhD
Journal of Pediatric Psychology, Volume 42, Issue 9, 1 October 2017, Pages 903–909,https://doi.org/10.1093/jpepsy/jsx101
This special issue on adolescent and young adult (AYA) health comprises 15 original articles. The special issue recognizes the importance of AYA-focused research, highlights unique issues across the AYA period, and showcases cutting-edge research focused on AYAs. We describe the rationale for focusing on the AYA population, themes of the special issue, and future directions.
Pediatric Consultations: Negative-Word Use and Parent Satisfaction
Published: 21 March 2017
Objective: This study investigates the impact of pediatricians’ negative-word use on parents’ affective quality and satisfaction judgements during the medical encounter. Methods: In total, 68 medical consultations were videotaped and pediatricians’ communication transcribed for analysis. We used the Linguistic Inquiry and Word Count application to measure the amount of negative words used by the pediatrician. Parents rated their momentary mood as well as their satisfaction at the end of the encounter.
Results: Pediatricians’ negative-word use was negatively linked to parents’ affect quality, but not with the satisfaction ratings after the medical visit. Although there was no direct effect, our results revealed an indirect effect of pediatricians’ negative-word use on parents’ satisfaction via parents’ mood. Conclusions: The results point to the negative impact that words used during the medical encounter can have on individuals in need of care. Consequently, this is relevant for clinical training and practice.
Child Executive Control as a Moderator of the Longitudinal Association Between Sleep Problems and Subsequent Attention-Deficit/Hyperactivity Disorder Symptoms
Katherine M. Kidwell, MA Maren Hankey, MA Jennifer Mize Nelson, PhDKimberly Andrews Espy, PhD Timothy D. Nelson, PhD
Journal of Pediatric Psychology, jsx071, https://doi.org/10.1093/jpepsy/jsx071
Published: 06 April 2017
Executive function and self-regulation skills are the mental processes that enable us to plan, focus attention, remember instructions, and juggle multiple tasks successfully. Just as an air traffic control system at a busy airport safely manages the arrivals and departures of many aircraft on multiple runways, the brain needs this skill set to filter distractions, prioritize tasks, set and achieve goals, and control impulses.
Objective: To examine the longitudinal associations among sleep, executive control (EC), and attention-deficit/hyperactivity disorder (ADHD) symptoms in childhood. Methods: In this longitudinal study (N = 271), parents answered questions about sleep problems when children were 3 years old, children completed a comprehensive EC task battery at 4.5 years, and teachers completed standardized measures of child ADHD symptoms in 4th grade.
Results: Latent moderated structural equation models demonstrated that sleep problems at 3 years and EC deficits at 4.5 years were associated with ADHD symptoms in 4th grade. EC moderated the relationship between sleep problems and hyperactivity/impulsivity, such that children with both sleep problems and poor EC were particularly at risk for hyperactivity/impulsivity. Conclusions: Sleep problems and EC deficits early in development were associated with increased risk for ADHD symptoms in elementary school. Early assessment and intervention to promote healthy sleep and EC development may be helpful in ADHD prevention.
Clinical trial registration in fertility trials – a case for improvement?
Cynthia M. Farquhar Marian G. Showell Emily A.E. Showell Penny BeethamNora Baak Selma Mourad Vanessa M.B. Jordan
Human Reproduction, Volume 32, Issue 9, 1 September 2017, Pages 1827–1834,https://doi.org/10.1093/humrep/dex251
Published:
28 July 2017
STUDY QUESTION:
What is the prevalence and source of prospectively and retrospectively registered and unregistered trials in fertility treatments?
SUMMARY ANSWER:
Trial registration is low and does not appear to be changing over the 5 years studied.
WHAT IS KNOWN ALREADY:
Trial registration is associated with lower risk of bias than in unregistered trials.
STUDY DESIGN, SIZE, DURATION:
The Cochrane Gynaecology and Fertility Group’s specialised register was searched on 5 November 2015 for randomised controlled trials (RCTs) published from January 2010 to December 2014.
PARTICIPANTS/MATERIALS, SETTING, METHODS:
Eligible trials included randomised women or men for fertility treatments, were published in full text, and written in English. Two reviewers independently assessed trial registration status for each trial, by searching the publication, trial registries, and by contacting the original authors.
MAIN RESULTS AND ROLE OF CHANCE:
Of 693 eligible RCTS, only 44% were registered trials. Of 309 registered trials, 21.7% were prospectively registered, 15.8% were registered within 6 months of first patient enrolment and 62.5% were retrospectively registered trials. Prospective trial registration by country varied from 0% to 100%. The highest frequency of prospective trial registration amongst the top 10 publishing countries was 31% in the Netherlands.
Image-Based Sexual Abuse Clare McGlynn Erika Rackley
Oxford Journal of Legal Studies, Volume 37, Issue 3, 1 September 2017, Pages 534–561, https://doi.org/10.1093/ojls/gqw033 Published: 31 January 2017
Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we conceptualise as ‘image-based sexual abuse’. This article delineates the scope of this new concept and identifies the individual and collective harms it engenders. We argue that the individual harms of physical and mental illness, together with the loss of dignity, privacy and sexual autonomy, combine to constitute a form of cultural harm that impacts directly on individuals, as well as on society as a whole. While recognising the limits of law, we conclude by considering the options for redress and the role of law, seeking to justify the deployment of the expressive and coercive powers of criminal and civil law as a means of encouraging cultural change.
The Provision of Healthcare to Young and Dependent Children: The Principles, Concepts, and Utility of the Children Act 1989
Jo Bridgeman
Medical Law Review, Volume 25, Issue 3, 1 August 2017, Pages 363–396,https://doi.org/10.1093/medlaw/fwx008
Published: 14 June 2017
This article undertakes a thorough analysis of the case law concerned with the provision of healthcare to young and dependent children. It demonstrates how, despite the procedural changes introduced by the Children Act 1989 at an early stage in this body of case law, cases have continued to be brought to court by way of applications for the court to exercise its inherent jurisdiction or in wardship rather than using the orders introduced by the Act.
In determining these cases, the court is focused upon its protective duty to the vulnerable but proceedings appear to be adversarial contests between the claims of adults to know what is best for the child in which the medical view normally prevails. Through consideration of the principles and concepts of the Children Act of parental responsibility, working together, the welfare principle and placing the child at the centre of care, this article demonstrates their utility, as yet to be fully realised, in relation to the responsibilities of parents, professionals, public authorities, and the courts concerned with the provision of healthcare to young and dependent children.
Seeking Certainty? Judicial Approaches to the (Non-)Treatment of Minimally Conscious Patients Richard Huxtable Giles Birchley
Medical Law Review, Volume 25, Issue 3, 1 August 2017, Pages 428–455, https://doi.org/10.1093/medlaw/fwx014
Published: 18 April 2017
A modest, but growing, body of case law is developing around the (non-)treatment of patients in the minimally conscious state. We sought to explore the approaches that the courts take to these decisions. Using the results of a qualitative analysis, we identify five key features of the rulings to date. First, the judges appear keen to frame the cases in such a way that these are rightly matters for judicial determination. Secondly, the judges appraise the types and forms of expertise that enter the courtroom, seeming to prefer the ‘objective’ and ‘scientific’, and particularly the views of the doctors.
Thirdly, the judges appear alert to the reasonableness of the evidence (and, indeed, the parties) and will look favourably on parties who are willing to co-operate. But the judges will not simply endorse any consensus reached by the parties; rather, the judges will reach their own decisions. Those decisions must be taken in the best interests of the patient. Fourthly, the judges approach this assessment in different ways. A balancing exercise is not consistently undertaken and, even in those cases in which it is, the weight accorded to particular factors varies. As we discuss, the consistency and predictability of the law in this area is open to question. Finally, however, we cautiously suggest that some consistent messages do begin to emerge: the courts’ apparent preference for certainty in diagnosis and prognosis provide pointers for how cases might be decided.
The courts are much inclined to speak of the welfare principle as an absolute standard and an unproblematic concept which can act as a panacea for all ills affecting children. This is not altogether surprising since it is they who get to define its content in any given situation … [I]t becomes apparent that the process fails to establish coherent and consistent principles to govern matters which … are important issues of public policy.1
1. A Bainham, ‘Handicapped Girls and Judicial Parents’ (1987) 103 L Quart Rev 334, 339.
Bainham’s remarks were made in 1987 and were directed specifically towards the judges’ approaches to determining the welfare or ‘best interests’ of children. Despite three decades of judicial and legislative developments, his comment appears no less pertinent today, and not only to judges’ decisions about minors.2 In this article, we explore judicial decisions about the best interests of incapacitated adults, specifically those in the minimally conscious state (MCS). Patients with this disorder of consciousness have increasingly come before the courts for a decision about their treatment and, in particular, non-treatment. We explored all of the rulings up to July 2016 we could find in English law involving these patients, with a view to identifying the courts’ approaches to these cases. This is not an arid critical exercise. There are estimated to be 12,000–48,000 patients in the MCS in the UK;3 treatment might well continue for many of these patients but there will be some for whom non-treatment is being contemplated, so the messages emanating from the English courts might have import for a great many patients, as well as their loved ones, healthcare professionals and others who are providing them with care and treatment.4
Our current understanding of disorders of consciousness can be traced back to the intensive efforts of medical scientists in the 1950s.5 Various types of disorder are nowadays recognised, of which three need explanation here. In coma, the patient is unresponsive, his or her eyes are closed and movement is limited to reflexive responses.6 Having been recognised by the Ancient Greeks, systematic diagnosis of coma developed from the mid-19th century.7 The vegetative state (VS) was first recognised in 1940,8 with the term ‘persistent vegetative state’ (PVS) following in 1972, to refer to those who remained in this state for long periods.9 In PVS, patients spontaneously open their eyes in the course of normal sleep and waking cycles, but show no signs of awareness. They show signs of arousal, which may manifest in laughing, crying or violent movement (for example), but this is not in response to external stimuli, so is not consistently reproducible. Nowadays, guidance from the Royal College of Physicians stipulates that VS is to be described as ‘continuing’ (rather than ‘persistent’) if it lasts more than 4 weeks, and ‘permanent’ if it lasts more than 6 months following head injury or 12 months when arising from another cause.10
By the 1990s, queries about the prognostic value of a PVS diagnosis and gathering evidence of awareness in some patients diagnosed with PVS was prompting disquiet amongst some of those working in neurological rehabilitation.11 The ‘minimally conscious state’ (MCS) emerged as the definitive term to describe some of these patients in a 2002 diagnostic guideline.12 Patients in MCS show limited, but consistent and reproducible, signs of awareness. These signs may include visually tracking objects, bodily movements, vocalisations and speech, and diagnosis is generally made using the Sensory Modality Assessment and Rehabilitation Technique (SMART) and the Wessex Head Injury Matrix (WHIM) tools. Given their limited consciousness and awareness, patients in the VS or MCS require support from professional, as well as unpaid or familial, carers. As they are unable safely to eat or drink by conventional means, patients will be reliant on clinically-assisted nutrition and hydration (CANH) ie some form of tube feeding. Feeding tubes will sometimes become displaced or need to be replaced, necessitating decisions about whether or not re-insertion should occur. And sometimes those close to the patient will seek to have tube-feeding withdrawn.
The law obviously has a stake in such life-or-death decisions. Indeed, medical law has a longstanding interest in disorders of consciousness and the dilemmas associated with treating patients with such disorders. The New Jersey Supreme Court ruling in Quinlan in 1976, which concerned the (non-)treatment of a patient in the PVS, is arguably one of the key starting points in the development of this distinct field of law.13 In the past two decades, decisions like these have increasingly come before the English courts, with numerous high-profile rulings addressing the treatment that such patients should (not) receive. English law first took a position on the withdrawal or withholding of life-support from patients in the PVS in the Bland ruling in 1993.14 Breaking legal ground in this jurisdiction, the Lords decided that the withdrawal of CANH was permissible in the ‘best interests’ of Anthony Bland. The Lords signalled that future such cases would require judicial determination, a requirement that remains in place,15 despite the misgivings of some commentators.16Indeed, Bland remains the leading ruling in this area, notwithstanding the changes effected by the Mental Capacity Act 2005,17 which came into force in 2007.
Of course, Bland concerned a patient in the (P)VS. MCS was first mentioned in court in 2002, in A v H,18 in which a neurologist posited a diagnosis of MCS in a PVS patient, due to the presence of features incompatible with the diagnostic guidelines for PVS. A declaration approving the removal of CANH was nevertheless issued. This is not the only case to have come before the courts in which some of the criteria for diagnosing PVS have not been met, but the diagnosis was nevertheless accepted, and treatment withdrawn.19 However, MCS has since been confronted squarely,20and further cases can be anticipated because, since 2007, the withdrawal of CANH from these patients must also be decided in court.21
The courts’ decisions in this area are nowadays governed by the Mental Capacity Act 2005. According to this Act, incapacity involves the inability to make or communicate a particular decision due to ‘an impairment of, or a disturbance in the functioning of, the mind or brain’.22
Capacity is to be presumed,23 but this may be found lacking where the individual is unable ‘(a) to understand the information relevant to the decision, (b) to retain that information, (c) to use or weigh that information as part of the process of making the decision, or (d) to communicate his decision’.24 A patient who lacks capacity can seek to determine (or at least influence) his or her future treatment by making an advance decision to refuse treatment or by conferring a lasting power of attorney.25 Recipients of the latter are, however, required to make their decisions in the patient’s best interests—and this is the standard that generally governs if the patient has not conferred such a power or issued an advance decision. The Mental Capacity Act sets out a checklist of factors to consider when determining the best interests of incapacitated adults, which requires reference to ‘the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity)’, ‘the beliefs and values that would be likely to influence his decision if he had capacity’, and ‘the other factors that he would be likely to consider if he were able to do so’.26
Medical Law Review, Volume 25, Issue 3, 1 August 2017, Pages 526,https://doi.org/10.1093/medlaw/fwx033
Published: 17 August 2017
S Huline-Dickens, A Clinician’s Brief Guide to Children’s Mental Health Law (Royal College of Psychiatrists, 2016).
A Kirkland, Vaccine Court: The Law and Politics of Injury (New York University Press, 2016).
J Laing, J McHale (eds), Principles of Medical Law 4th ed. (Oxford University Press, 2017).
Seeking Certainty? Judicial Approaches to the
(Non-)Treatment of Minimally Conscious Patients
Richard Huxtable Giles Birchley
Medical Law Review, Volume 25, Issue 3, 1 August 2017, Pages 428–455,https://doi.org/10.1093/medlaw/fwx014
Gemma Turton, Evidential Uncertainty in Causation in Negligence
2016, Hardback, 245pp., £54.99, ISBN 9781509900329.
Review by Craig Purshouse
Medical Law Review, Volume 25, Issue 3, 1 August 2017, Pages 511–515, https://doi.org/10.1093/medlaw/fwx006
Published: 10 March 2017.
Anyone who has glanced at the law reports recently will share Gemma Turton’s view that ‘the approaches of courts and academics to the doctrine of causation have become increasingly complicated and confused’ (p 1). Evidential Uncertainty in Causation in Negligence aims to rectify this and will, therefore, be of interest to readers of the Medical Law Review. After all, many of the leading appellate cases on causation have arisen in the clinical setting. Unlike in, say, a running-down case where a healthy person is left with a broken arm, the claimant in a clinical negligence case will usually already be ill before they have had any contact with a careless healthcare professional.
Psychiatric Injury Claims and Pregnancy: Re (a Minor) and Others v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 Jaime Lindsey Medical Law Review, fwx041, https://doi.org/10.1093/medlaw/fwx041
Published: 12 September 2017
RE and others concerned a clinical negligence claim against the Defendant NHS Trust by a baby injured during childbirth, as well by her mother and grandmother for psychiatric injury found to have been caused by those events. This commentary focuses on the claim for psychiatric injury by the mother and grandmother, both of which succeeded on the basis that the childbirth was a sufficiently shocking and horrifying event. This commentary urges caution about this development based on how it represents law’s view of childbirth and the growth of claims that might result from any expansion of liability in this area.
Using and Disclosing Confidential Patient Information and the English Common Law: What are the Information Requirements of a Valid Consent?
Victoria Chico and Mark J. Taylor
Medical Law Review, fwx038, https://doi.org/10.1093/medlaw/fwx038
Published: 17 August 2017
The National Health Service in England and Wales is dependent upon the flow of confidential patient data. In the context of consent to the use of patient health data, insistence on the requirements of an ‘informed’ consent that are difficult to achieve will drive reliance on alternatives to consent. Here we argue that one can obtain a valid consent to the disclosure of confidential patient data, such that this disclosure would not amount to a breach of the common law duty of confidentiality, having provided less information than would typically be associated with an ‘informed consent’. This position protects consent as a practicable legal basis for disclosure from debilitating uncertainty or impracticability and, perhaps counter-intuitively, promotes patient autonomy.
While a considerable literature has been generated around the subject of consent, there has been relatively little discussion of the informational requirements of a valid consent from the perspective of the common law duty of confidentiality. This is perhaps surprising. It is no exaggeration to say that the future of the National Health Service, along with other health systems across the world, is dependent upon the flow of confidential data. Confidential patient data1 must flow not only to support the delivery of individual care. Confidential data must also—at times—flow to enable a health system to operate and to learn: to establish what works, what does not work, what could be done more effectively, efficiently, and safely.
In England and Wales, guidance on legal responsibilities associated with handling confidential patient data will often provide a summary at some point similar to that provided in the 2003 NHS Confidentiality: Code of Practice:
information that can identify individual patients, must not be used or disclosed for purposes other than healthcare without the individual’s explicit consent, some other legal basis, or where there is a robust public interest or legal justification to do so.
Department of Health Confidentiality: NHS Code of Practice (November 2003)
See also GMC Confidentiality (2009).
The healthcare that is imagined in this guidance is the patient’s own. Identifiable patient data may flow to support a patient’s own care based on an implied consent. Any further use of identifiable patient data requires an explicit consent or some other legal justification. This responsibility to obtain explicit patient consent, or alternative legal justification, is attributed to the common law duty of confidentiality. Of course, the law of confidence sits within a broader complex of responsibilities4 but it is true to say that it is principally the common law duty, interpreted in the context of the Human Rights Act 1998 that is understood to drive the responsibility to obtain patient consent for the disclosure of confidential data.
The relative paucity of legal discussion of the informational requirements of a valid consent might be attributable to many of the leading cases on breach of confidence focusing on justifications other than consent. Furthermore, there may be an assumption that the law here simply mimics the requirements of a valid consent in other areas. However, because the legal informational requirements of a valid consent are not uniform across different areas of law, there needs to be some discussion of the most appropriate approach to informing a consent in the law of confidence. The value of doing so can be illustrated with reference to current and upcoming issues. In October 2016, the Association for Clinical Genetic Science (ACGS) and the Public Health Genomics (PHG) Foundation collaborated in delivery of an evidence session for the National Data Guardian (NDG). The session sought to engage the assistance of the NDG in addressing a challenge encountered within the field of genomic medicine. The challenge relates to inconsistent understanding of the legality of sharing health (including genetic) data about one person to aid the interpretation of clinical significance of gene test results returned to another. As noted above, traditionally consent has only been implied to disclosure for purposes relating to an individual’s own care.
Disclosure of identifiable data to a clinician with no responsibility for an individual’s care, in order to inform the care provided to another, falls outside that traditional understanding.
To assess the nature and scale of any challenge to bringing such disclosure within the scope of a valid consent one must understand the information requirements. Of course, that is not all that one would need to understand. One would also, for example, need to be clear on the requirements regarding the voluntariness of a consent, what might constitute valid communication, whether there are substantive constraints upon permissible breadth, etc. However, amongst these issues is the question of what information an individual would need to be provided with in order for any consent given to be valid. There is currently no clarity regarding the information provision requirements for a valid consent relevant to an action for breach of a duty of confidentiality.
Reason and Paradox in Medical and Family Law: Shaping Children’s Bodies
Brian D. Earp Jennifer Hendry Michael Thomson
Medical Law Review, fwx027, https://doi.org/10.1093/medlaw/fwx027
Published: 24 May 2017
A correction has been published: Medical Law Review, fwx034, https://doi.org/10.1093/medlaw/fwx034.
Keywords: Children, Genital cutting, Religion, Shaping surgeries, Systems theory,
Topic: child male circumcision genitalia judgment parent religion statutes and laws genital system self-mutilation by cutting. Legal outcomes often depend on the adjudication of what may appear to be straightforward distinctions. In this article, we consider two such distinctions that appear in medical and family law deliberations: the distinction between religion and culture and between therapeutic and non-therapeutic. These distinctions can impact what constitutes ‘reasonable parenting’ or a child’s ‘best interests’ and thus the limitations that may be placed on parental actions. Such distinctions are often imagined to be asocial facts, there for the judge to discover.
We challenge this view, however, by examining the controversial case of B and G [2015]. In this case, Sir James Munby stated that the cutting of both male and female children’s genitals for non-therapeutic reasons constituted ‘significant harm’ for the purposes of the Children Act 1989. He went on to conclude, however, that while it can never be reasonable parenting to inflict any form of non-therapeutic genital cutting on a female child, such cutting on male children was currently tolerated. We argue that the distinctions between religion/culture and therapeutic/non-therapeutic upon which Munby LJ relied in making this judgement cannot in fact ground categorically differential legal treatment of female and male children. We analyse these distinctions from a systems theoretical perspective—specifically with reference to local paradoxes—to call into question the current legal position. Our analysis suggests that conventional distinctions drawn between religion/culture and the therapeutic/non-therapeutic in other legal contexts require much greater scrutiny than they are usually afforded.
Catherine Stanton and Hannah Quirk (eds), Criminalising Contagion. Legal and Ethical Challenges of Disease Transmission and the Criminal Law, Cambridge University Press, 2016, Hardback, 241pp., £64.99, ISBN 9781107091825. Glenys Williams
Medical Law Review, fwx042, https://doi.org/10.1093/medlaw/fwx042
Published: 28 September 2017
This outstanding book is a must read for all those interested in this topic, and indeed beyond, as it raises issues fundamental to society as a whole, in the light of emerging diseases such as, for example, Ebola, SARS, and various new strains of influenza (p xiii).1 While its focus is mainly on criminalising contagion in the context of HIV/AIDS, it also extends to a chapter on leprosy,2and another on the possibility of criminalising non-sexually transmitted diseases (STDs).3 The different aspects of the topic covered in the book are impressive, and range from a novel approach to what it is to be human in relation to the notion of harm,4 to the viewpoint of a front line sexual health adviser5…
Medical Law Review, Vol. 25, No. 1, pp. 47–72 doi:10.1093/medlaw/fww029 Advance Access Publication: December 8, 2016
medlaw.oxfordjournals.org/content/early/2016/12/01/medlaw.fww029.full.pdf
LIMINALITY AND THE LIMITS OF LAW IN HEALTH RESEARCH REGULATION: WHAT ARE WE MISSING IN THE SPACES INBETWEEN? GRAEME LAURIE, School of Law, University of Edinburgh, Old College, South Bridge, Edinburgh, EH8 9YL, UK, graeme.laurie@ed.ac.uk This article fundamentally challenges the way in which law currently regulates human health research. It invokes the anthropological concept of liminality—the quality of in-between-ness—to suggest deeper ways of understanding ongoing challenges in delivering acceptable and effective regulation of research involving human participants. In stark contrast to the structural regulatory spaces constructed by law, the metaphor of the liminal space is explored to explain what is lost through our failure to see health research regulation as an inherently human experiential process, involving potentially profound transformative events for participants and researchers alike.
The implications for the future of health research regulation are then examined. In particular, the analysis calls into question key features of the current regulatory paradigm, and demands that we reconsider our own demands of law in this context. The argument is made that health research is a liminal process and that we fail to treat it as such. This requires a rethink of corollary regulation also in processual terms. Ultimately, the charge is to undertake a radical reimagining of regulatory space to accommodate and promote liminal regulatory spaces. KEYWORDS: Health research, Liminality, Regulation, Confidentiality, Consent. I. INTRODUCTION: UNDERSTANDING REGULATORY SPACE IN HEALTH RESEARCH The metaphor of the ‘regulatory space’1 is now commonly invoked to describe the metaphysical environment occupied by institutional actors and bounded by law. It delineates a sphere of influence and control over many human endeavours in a diverse range of contexts. This is equally true in the realm of health research regulation, where we have witnessed a burgeoning of legal and quasi-legal interventions in recent decades, nationally and internationally, and sadly too often driven by public scandals or moral panics.
To take the British and European context as an example, the UK was the first country anywhere to regulate the creation, storage, and use of human embryos through the introduction of the Human Fertilisation and Embryology (HFE) Act 19902 in the wake of the birth of the first so-called test-tube baby. This now represents the most comprehensive licensing and inspectorate regime in the world under the auspices of the HFE Authority. Importantly, it has also served as something of a template for regulatory regimes that followed. For example, the UK instituted the labyrinthine Human Tissue Act 2004 with its associated licensing Authority as a direct result of the Bristol and Alder Hey organ retention scandals that arose from suboptimal (or non-existent) consent practices relating to forensic and research uses of deceased children’s tissues. This regulatory endeavour replaced one legislative instrument of four sections with a new law 25 times its length.3 Arising in parallel have been European and other supranational influences.
Child Marriage – Acceptance By Association Arthur van Coller
International Journal of Law, Policy and the Family, ebx011,https://doi.org/10.1093/lawfam/ebx011
Published: 25 September 2017
The practice commonly referred to as ‘child marriage’ constitutes a human rights violation against a vulnerable person. Child marriage results in lifelong deleterious consequences for countless children. The child is placed in an environment whereby the parent/child relationship is prematurely terminated for an inappropriate purpose. This practice is an affront to childhood, marriage, and the family and should not be confused with adult marriage. This article argues that the effective elimination of child marriage requires, in part, that the practice be correctly named and defined and therefore that use of the term ‘marriage’ in ‘child marriage’ is misleading and inappropriate. A new term ‘paedogamy’ is proposed to accurately describe this practice. A definition of paedogamy is also presented to incorporate all the elements thereof and to reflect the inherent harmful nature of the practice.
Chapters from Forensic Child and Adolescent Mental Health Chapter 3 – Assessment of Young Offenders
from Section 2 – Assessment and Needs of Young Offenders: By Prathiba Chitsabesan, Lorraine Khan Edited by Susan Bailey, Paul Tarbuck, University of Central Lancashire, Preston, Prathiba Chitsabesan
-
Book: Forensic Child and Adolescent Mental Health. At:
https://www.cambridge.org/core/services/aop-cambridge-core/content/view/86C0A19BAE14A3A3F7EE7E339A7A89F6/9780511777127c3_p41-54_CBO.pdf/assessment_of_young_offenders.pdf
Young people who end up in the youth justice system have well-documented multiple vulnerabilities affecting their life chances (Centre for Mental Health, 2010), including a higher level of mental health need. Politicians and professionals have begun to recognise the importance of meeting the needs of offenders, as long-term costs to society become increasingly apparent. Studies to date suggest that one of the most common reasons for unmet need is lack of appropriate and timely assessment (Kroll et al., 2002; Harrington and Bailey, 2005; Centre for Mental Health, 2010).
A recent review by the Office of the Children’s Commissioner (Hughes et al., 2012) raised concerns about the significant number of young people within the secure estate who demonstrated symptoms indicating potential neurodisability that were undetected. However, assessment can be complicated by a number of factors including the non-clear-cut nature of emerging poor mental health in comparison to presentations in adults (Vikram et al., 2007), the minimisation of symptoms by young offenders and the disinclination of young people to engage with mental health services due to fear of stigma. Initial assessment is a key factor in the successful treatment of mental or physical health needs for young offenders. Early identification of mental health needs may also reduce the later risk of mental disorders and their related health costs (Knapp et al., 2011). Timely assessment may inform risk assessment processes as well as increasing engagement in offencerelated interventions. Learning disabilities and language disorders are also more common in this group of young people and are likely to affect many aspects of their life and functioning. However, identification of mental disorders in young children and adolescents can be complex.
A normal childhood may be hard to define and can be influenced by a number of different variables, including gender and culture. It is therefore unclear whether childhood psychopathology should be defined by categorical disorders or symptoms. Additionally, the developmental trajectory of psychopathology from childhood into adulthood is complex, as different pathways can lead to the same adult outcomes and vice versa. While a detailed assessment of every offender’s mental health would be helpful, it would be costly to implement given the number of young people in contact with the justice system and the pressures on the police and the courts to deliver justice expediently. Instead a two-tiered approach providing a universal screen to all juvenile offenders but a more detailed assessment of those highlighted in the initial screen is likely to be more cost-effective. There has been much confusion in the juvenile justice system between the terms ‘screening’ and ‘assessment’, and often the terms are used interchangeably. Grisso et al. (2005) attempt a clearer defi- nition. They argue that screening is a briefer process that helps to identify current needs or symptoms and should be applied to all offenders in the juvenile justice system at the point of entry. It helps to differentiate young people into two main categories: those at higher risk and requiring more detailed assessment, and those whose needs are more minor. Screening tools should ideally demonstrate good reliability and validity.
Reliability ensures that the screening tool produces consistent results irrespective of the person administering it, while validity ensures that the screening tool measures what it’s supposed to. Assessment involves a more comprehensive evaluation of symptoms identified in the initial screening process and facilitates a response which is more pertinent to the needs of that particular individual. For example, a young person may require a full physical examination, a more thorough mental health. The high rate of psychopathology in juvenile offenders may be the consequence of shared risk factors in the development of both antisocial behaviour and psychiatric disorders. The lives of these young people are often characterised by attachment difficulties, trauma, familial psychopathology and disadvantage (Loeber and Farrington, 2000; McCabe et al., 2002). Unsurprisingly rates of disruptive disorders such as conduct disorder are particularly high, ranging from 24% to 73% (Teplin et al., 2002; Vreugdenhil et al., 2004). Conduct disorder is also associated with high comorbidity for other psychiatric disorders, including Attention Deficit Hyperactivity Disorder (ADHD) and substance misuse. While studies consistently show high rates of psychiatric disorders among young offenders, prevalence rates are diverse due to differences in methodology between studies.
This includes differences in sampling techniques and assessment tools, as well as variations in sample sizes (see Table 3.1). The North West Juvenile Project (NWJP) attempted to address some of the limitations of previous studies by including a large random sample of offenders detained at Cook County Juvenile Temporary Detention Center (Teplin et al., 2002; Abram et al., 2003). Juvenile offenders (1172 males) were assessed using the Diagnosis Interview Schedule for Children–Version 2.3 (DISC-2.3). Excluding conduct disorder, 60% of offenders met the diagnostic criteria for one or more disorders. Affective (16%) and anxiety disorders (21%) were common, while 51% had a substance misuse disorder (Table 3.1). ADHD was found in 11% of young offenders. Comorbidity was frequent, with 17% of male offenders presenting with three or more types of disorders. Overlap between substance misuse disorders and ADHD or conduct disorder was particularly common (31%). Research findings have consistently shown that juvenile offenders are characterised by high comorbidity, contributing to complexity in both their assessment and treatment. Rates of comorbidity are especially high among offenders misusing substances (Domalanta et al., 2003). Within the remit of this chapter we have not explored substance misuse by juvenile offenders, as this is covered comprehensively elsewhere (please refer to Chapter 13 by Theodosiou).
The NWJP study also explored rates of trauma and Post-Traumatic Stress Disorder (PTSD) and found that the majority of young male offenders had experienced at least one trauma in their lifetime (93%), while 11% met the criteria for PTSD. However, rates of PTSD were found to be much higher in a study of 370 male juvenile offenders in custody in Russia (Ruchkin et al., 2002). Most offenders reported some post-traumatic stress symptoms, with 25% meeting full DSM-IV criteria. Higher PTSD scores were found to be related to higher scores of violence exposure. Autistic Spectrum Disorder (ASD) is used to describe a group of disorders, including autism and Asperger’s Syndrome. It is a lifelong condition affecting communication, relationships with others and how young people make sense of the world around them. Males are more likely to be affected by autism than females. Knowledge of the prevalence rate of ASD in the youth justice system is generally poor (please refer to Chapter 15 by Gralton and Baird). There is some concern that young people who experience autism may be over-represented among offending populations (Cashin and Newman, 2009). Howlin (1997) suggested that certain features of ASD could predispose some young people to offend in particular ways.
These include their social naivety which could lead to suggestibility and a tendency to be influenced by others, antisocial behaviour stemming from poor understanding or misinterpretation of social cues, and crimes reflecting obsessions. In response to these concerns, the National Autistic Society has developed information and guidance on autism for professionals working within the criminal justice system (The National Autistic Society, 2008). Self-harm is also under-investigated by many studies as research tools evaluating mental disorders primarily focus on psychiatric diagnoses. Studies have shown that self-harm is more prevalent among offenders as certain risk factors for self-harm are more common among this group (please refer to Chapter 10 by Trainor, Rothwell and Hales). Predictors of an increased risk include previous attempts, prolonged low mood, ADHD, having a bad temper (impulsive aggression) and substance use frequency (Putnins, 2005). The literature similarly demonstrates that suicide rates are much higher in the offender population compared with non-antisocial peers. This may be partially explained by their tendency to use violent methods, for example hanging and stabbing, rather than taking an overdose.
Lifetime risk of suicide attempts was found to be high at 12% (Wasserman et al., 2002) Studies suggest that risk factors for suicidal behaviour may be different for juvenile offenders compared with the wider population. Ruchkin et al. (2003) found that ADHD, but not depression, independently predicted suicidal behaviour. However, findings from studies are inconsistent and more research in this area is essential as suicide risk is a significant problem in this population. There have also been few longitudinal studies that have explored how mental health needs change over time, particularly for offenders as they move between custody and community settings. Kroll et al. (2002) followed a sample of 97 male juvenile offenders admitted to secure care using the Salford Needs Assessment Schedule for Adolescents (SNASA) (Kroll et al., 1999). Three months after admission, rates of depression, PTSD and anxiety disorders had increased. One explanation for the increase in mental health needs may be the use of alcohol and drugs by young offenders in the community to manage their mental health symptoms. These symptoms become increasingly apparent following admission to custody due to reduced access to these substances. The offenders were reassessed two years later when many offenders had been released back into the community (Harrington et al., 2005).
Rates of substance abuse increased to 31% on discharge compared with 21% following initial admission. Anxiety disorder including PTSD was also more common at followup in young people who remained in custody, although this may be partially attributed to the association with violent crime as high rates of PTSD have been found in violent offenders (Ruchkin et al., 2002). Mental Health Screening Mental health screening can focus on diagnostic labels or symptoms; it can focus on broader problem areas affecting a child’s well-being; or alternatively it can map risk and protective factors associated with mental health and emotional well-being. Ideally screening tools should have both high sensitivity (measure of true positives) and specificity (measure of true negatives), although this is difficult to achieve in practice. Instead, many screening tools often have low sensitivity (high false positives), but high specificity (low false negatives). Consequently, many young people may screen positive who have some mental health symptoms but who are below threshold to meet the criteria for a mental health diagnosis. However, this is essential to ensure that offenders with possible mental disorders are not missed. Internationally, there have been a number of mental health screening tools developed for use within the youth justice system. Any tool selected should be feasible for use and therefore administered relatively easily and quickly by juvenile justice staff.
Chapter 5, in: Forensic Child and Adolescent Mental Health,
The Influence of Neurodevelopmental Impairment on Youth Crime,
By Nathan Hughes , Huw Williams and Prathiba Chitsabesan
Edited by Susan Bailey, Paul Tarbuck, University of Central Lancashire, Preston.
Publisher: Cambridge University Press
https://doi.org/10.1017/9780511777127.008 pp 68-82.
University of Cambridge, October 2017.
https://www.cambridge.org/core/books/forensic-child-and-adolescent-mental-health/influence-of-neurodevelopmental-impairment-on-youth-crime/6DD72A92A3A1F7F0748D2239F1EE63A1/core-reader
Childhood neurodevelopmental impairments are physical, mental or sensory functional deficits caused by disruption in the development of the central nervous system – which consists of the brain, the spinal cord and a related set of neurons – or peripheral nervous system – which sends sensory information to the brain and controls the functioning of organs and muscles (Patel et al., 2011). Such disruptions are often the result of a complex mix of influences, including: genetics; pre-birth or birth trauma; illness or injury in childhood; or nutritional, educational or emotional deprivation; and might result in one or more of a wide range of physical, mental or sensory functional difficulties.
Common impairments include cognitive deficits; specific learning difficulties; communication difficulties; and emotional and behavioural problems (Patel et al., 2011; APA, 2013).
Such symptoms can occur in combination, as evidenced in a wide range of clinically defined disorders or conditions, including (though not restricted to): Attention Deficit Hyperactivity Disorder (ADHD);Autistic Spectrum Disorder (ASD); learning (or intellectual) disability; communication disorders; Foetal Alcohol Syndrome Disorders (FASDs) and Traumatic Brain Injury (TBI) (Patel et al., 2011; APA, 2013).
The particular symptoms associated with each of these conditions are briefly outlined in Table 5.1. While these descriptions utilise clinical definitions, it is important to acknowledge that the clinical presentation of many of these conditions can change over time. For example, social communication disorders may become more evident during periods of transition, such as in starting secondary school (NICE, 2011), while overt hyperactivity symptoms in young people with ADHD frequently diminish in adolescence (Schmidt and Petermann, 2009). Impairments associated with many of these conditions are frequently on a spectrum, with many young people presenting with subclinical levels of need that do not meet diagnostic criteria or threshold for individual disorders, though still significantly affected by multiple symptoms and complex expressions of impairment.
Similarly, given overlap in cause and expression, young people may experience various conditions in parallel. As such, a particular label or ‘disorder’ may not always adequately express the functional needs and difficulties experienced by a young person.
The Prevalence of Neurodevelopmental Impairment among Young People in Custody
A recent review of evidence across a range of international contexts reveals a consistently high incidence rate of neurodevelopmental impairment among incarcerated young people. Following an extensive, structured literature review of research, we have compared the rates of specific neurodevelopmental disorders and conditions amongst young people in custodial institutions to equivalent rates established in studies of young people in the general population (Hughes et al., 2012). In doing so, we demonstrate a disproportionate prevalence of a range of conditions amongst young people in custody.
Neurodevelopmental Condition |
Prevalence Rates amongst Young People in the General Population*(%) |
Prevalence Rates amongst Young People in Custody* (%) |
Attention Deficit Hyperactivity Disorder |
1.7–9 |
12 |
Autistic Spectrum Disorder |
0.6–1.2 |
15 |
Intellectual (or Learning) Disability |
2–4 |
23–32 |
Communication Disorders |
5–7 |
60–90 |
Foetal Alcohol Syndrome Disorder |
0.1–5 |
10.9–11.7 |
Traumatic Brain Injury |
24–31.6 |
65.1–72.1 |
* References are provided and studies summarised by Hughes et al. (2012).
These data clearly require careful interpretation given the methodological and analytical challenges in combining and comparing such a diverse range of research. Varying classifications or definitions of specific neurodevelopmental disorders are apparent, creating difficulties in the interpretation and direct comparison of findings. This variability is reflected in the numerous measures, tools and methods used to assess prevalence rates of specific disorders, which include: analyses of records of previous clinical diagnoses; self-report surveys of specific symptoms; qualitative interviews with young people and the use of validated instruments or clinical tests. These varied approaches can potentially lead to very different assessments of levels of prevalence (Fazel et al., 2008). Comparisons are also made difficult by the variation in samples and populations on which individual studies are focused. This includes variation in the age range considered, which is typically dependent on the age of young people within a particular custodial setting.
Child and Adolescent Mental Health
© Association for Child and Adolescent Mental Health
Vol. 22 Issue 3
Edited by: Jane Barlow, Kapil Sayal, Paul Harnett, Bernadka Dubicka and Nick Midgley
Impact Factor: 1.597
ISI Journal Citation Reports © Ranking: 2016: 61/121 (Pediatrics); 67/121 (Psychology Clinical); 75/139 (Psychiatry (Social Science)); 98/142 (Psychiatry)
Online ISSN: 1475-3588
Associated Title(s): Journal of Child Psychology and Psychiatry.
Maltreatment and trauma – the impact on development and implications for child mental health services.
There is now a broad consensus that maltreatment in childhood is one of the strongest predictors of poor mental health across the lifespan. Whether physical, emotional or sexual abuse, emotional or physical neglect, early experiences of maltreatment have been demonstrated to impact on a wide range of domains, including attachment relationships, academic achievement, physical development and key areas of neurobiological development. To give just one example, a study by McCrory et al. (2011), using functional MRI scans to investigate the impact of physical abuse and domestic violence on children, found changes in brain structure and functioning comparable to soldiers with post-traumatic stress disorder exposed to combat. It is no surprise, then, that a high proportion of both children and adults accessing mental health services have histories of maltreatment and trauma, although for young people this access is sometimes limited by the fact that children with histories of maltreatment do not always fit easily into existing psychiatric diagnostic systems (deJong, 2010).
Despite the importance of understanding the impact of maltreatment and trauma, and of developing more effective models of prevention and treatment, there are still major gaps in our knowledge. The nine articles in this virtual issue all offer responses to some of those identified gaps, whether in relation to understanding the impact of maltreatment, challenges concerning definitions and measurement, or regarding the development of effective interventions.
To set the stage, Fisher (2015) offers a valuable overview of the needs of looked after and adopted children, a group of children who often have histories of maltreatment and trauma, and whose long-term outcomes are generally much poorer than the general population. Fisher carefully reviews the impact of maltreatment on different domains of children’s well-being, whilst also recognising the importance of not seeing these children as a homogenous group. He identifies some important gaps in our knowledge, such as the relative lack of data on the long-term outcomes for adopted and fostered children; and he points out that many of the children in care show remarkable resilience in the face of adversity, reminding us that it is essential for us to understand what contributes to such resilience.
Other papers in this virtual issue focus on specific aspects of maltreatment, or consider its impact on particular aspects of children’s development. For instance, Mothes et al. (2015) take a close look at the impact of different forms of childhood maltreatment on executive functioning in adolescence, demonstrating the consequences of such experiences for domains such as cognitive flexibility and verbal processing speed; whilst Al-Krenawi and Graham (2012) focus specifically on the impact of political violence on the psychosocial development of adolescents. Their study, examining young people in the West Bank and Gaza Strip, documents the associations between exposure to high levels of political violence and a range of poor outcomes, including mental health problems (such as depression and PTSD), levels of aggression and social functioning. They also identify some of the features that appear to protect adolescents against this impact, including economic status and parental education levels.
Whilst developmental studies of this sort are crucial, many are hampered by issues related to assessment and measurement. The study by Leigh, Yule and Smith (2016) provides a careful review of the various measurement tools for assessing PTSD in children and young people, balancing psychometric properties with clinical utility. They highlight the important role of assessing trauma exposure across child mental health services, and identify specific self-report measures, which are easy to use, and have good psychometric properties. However they also make the case for the value of semi-structured interviews as part of the process of diagnosis and treatment planning, even if such instruments can be time-consuming to use; and recognise the risk that assessment and diagnosis may vary significantly depending on how maltreatment is investigated. Woolgar and Baldock (2015) compare community and expert assessments of attachment disorders in looked after and adopted children, and argue that there is a significant risk of over-diagnosis of attachment disorders in community services, leading to a heightened risk that more common disorders, such as conduct disorder and neurodevelopmental disorders, may go un-diagnosed, and hence un-treated.
Likewise, Pinto and Maia (2014), compare two sources of childhood adversity – official records and self-report – and explore degrees of discrepancy between these different sources of knowledge, as well as examining each of them as predictors of psychopathology in youths aged 14-23. Interestingly, despite the clear limitations of self-report, data from that source was strongly associated with psychopathology, with self-reported childhood sexual abuse having an independent association with increased risk for later depression. These issues related to measurement, assessment and diagnosis ultimately matter because they are likely to have implications for preventative and treatment services. Fisher’s (2015) review paper notes that rigorous research about interventions specifically targeted at looked after and adopted children is limited, making the need for research in this field even more of a priority. Saxe et al. (2012) outline preliminary evidence for a systems-oriented treatment model called Trauma Systems Therapy (TST) for young people with traumatized children.
They highlight the importance of family engagement, given the high levels of premature treatment dropout from child mental health treatments in general, but in particular from those focused on the impact of trauma. Likewise, Toth and Gravener (2012) provide a valuable review of relational interventions for maltreated children, with a particular focused on Child-Parent Psychotherapy (CPP), a model of working informed by attachment theory that has been found to be efficacious. Like Saxe et al., Toth and Gravener highlight that one of the greatest challenges is translating treatments from university-based laboratory settings to community settings. This gap is documented in the study by Czincz and Romano (2013), in which the majority of psychologists working in community-based services reported that they had never received any training in specific evidence-based treatment approaches for children and adolescents who had experienced childhood sexual abuse, such as trauma-focused cognitive behaviour therapy (TF-CBT). Whilst this study underlines the need for on-going training and education for those working in community services, Toth and Gravener (2012) highlight the importance of enduring commitment across systems if interventions with a laboratory-based evidence-base are going to be meaningfully translated into clinical practice.
Taken together, the papers in this virtual issue highlight many of the challenges faced by those trying to understand the impact of early maltreatment and trauma on the lives of children, as well as the difficulties facing those who are involved with assessment and diagnosis. But they also highlight the important progress made in this field, as academics and clinicians work together to both increase our understanding, but more importantly intervene effectively to improve the outcomes of those lives effected by the impact of early maltreatment and trauma.
The impact of political violence on psychosocial functioning of individuals and families: the case of palestinian adolescents
By Alean Al-Krenawi and John R. Graham
Childhood sexual abuse: community-based treatment practices and predictors of use of evidence-based practices, By Jennifer Czincz and Elisa Romano
Review: Adoption, fostering, and the needs of looked-after and adopted children
By Philip A. Fisher
Measurement Issues: Measurement of posttraumatic stress disorder in children and young people – lessons from research and practice,
By Eleanor Leigh, William Yule and Patrick Smith.
Childhood maltreatment and executive functions in adolescents,
By Luiza Mothes, Christian Haag Kristensen, Rodrigo Grassi-Oliveira, Rochele Paz Fonseca, Irani Iracema de Lima Argimon and Tatiana Quarti Irigaray.
Psychopathology among youths who were victims of documented childhood maltreatment,
By Ricardo J. Pinto and Ângela C. Maia.
Innovations in Practice: Preliminary evidence for effective family engagement in treatment for child traumatic stress– trauma systems therapy approach to preventing dropout, By Glenn N. Saxe, B. Heidi Ellis, Jason Fogler and Carryl P. Navalta.
Review: Bridging research and practice: relational interventions for maltreated children, By Sheree L. Toth and Julie Gravener.
Attachment disorders versus more common problems in looked after and adopted children: comparing community and expert assessments By Matt Woolgar and Emma Baldock
References:
deJong, M., (2010). Some reflections on the use of psychiatric diagnosis in the looked after or “in care” child population. Clinical Child Psychology and Psychiatry, 15, 4: 589-599. DOI: https://doi.org/10.1177/1359104510377705
McCrory, E., De Brito, S., Sebastian, C., Mechelli, A., Bird, G., Kelly, P. & Viding, E. (2011). Heightened neural reactivity to threat in child victims of family violence.
Current Biology, 21 (23): R947-R948 DOI:10.1016/j.cub.2011.10.015
Measurement Issues: Measurement of posttraumatic stress disorder in children and young people – lessons from research and practice
By Eleanor Leigh, William Yule and Patrick Smith
Version of Record online: 17 OCT 2015
DOI: 10.1111/camh.12124
© 2015 Association for Child and Adolescent Mental Health
Issue: Child and Adolescent Mental Health
Volume 21, Issue 2, pages 124–135, May 2016
Background:
Many young people are exposed to traumatic events and a significant minority of these individuals will go on to experience posttraumatic stress disorder (PTSD). Valid and reliable measurement tools for assessing PTSD are essential and can aid screening, clinical diagnosis, treatment planning and outcome monitoring.
Methods:
This article outlines the range of instruments available for these aspects of measurement, including assessment of PTSD in very young children, with a focus on those scales with good clinical utility and sound psychometric properties.
Findings:
This is a particularly challenging time for clinicians working with children and young people with PTSD: all instruments will need to be revised and updated in order to better reflect the recent revisions to the diagnostic criteria for PTSD with the publication of the DSM-5 and no doubt the anticipated ICD-11. Despite this, measurement tools can still play a vital role in assessing PTSD in children and young people.
Attachment disorders versus more common problems in looked after and adopted children: comparing community and expert assessments
Authors Matt Woolgar, Emma Baldock First published: 22 January 2014
DOI: 10.1111/camh.12052.
Background: Attachment disorders in adopted and fostered children may be overdiagnosed and could obscure more common disorders.
Methods: A case note review of 100 referrals to a specialist adoption and fostering service compared community referrals with the specialist assessments of attachment disorders.
Results: Attachment disorders were identified four times more often in community referrals versus the specialist service, but this only partly explained the significant under-identification of more common disorders in the community, especially for neurodevelopmental factors and conduct disorder by up to 10-fold.
Conclusions: The relevant practice parameters are discussed and implications for service models for adopted and fostered children reviewed.
1.Ferdinando Salamino, Elisa Gusmini, A shift in narratives: From ‘attachment’ to ‘belonging’ in therapeutic work with adoptive families. A single case study, European Journal of Psychotherapy & Counselling, 2017, 19, 1, 22 CrossRef
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Emma Gore Langton, Adopted and permanently placed children in education: from rainbows to reality,Educational Psychology in Practice, 2017, 33, 1, 16 CrossRef
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Neil W. Boris, Kimberly Renk, Beyond Reactive Attachment Disorder,Child and Adolescent Psychiatric Clinics of North America, 2017, 26, 3, 455 CrossRef
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Susan Dickerson Mayes, Susan L. Calhoun, Daniel A. Waschbusch, Rosanna P. Breaux, Raman Baweja, Reactive attachment/disinhibited social engagement disorders: Callous-unemotional traits and comorbid disorders, Research in Developmental Disabilities, 2017, 63, 28 CrossRef
1.Brian Allen, A RADical Idea: A Call to Eliminate “Attachment Disorder” and “Attachment Therapy” From the Clinical Lexicon, Evidence-Based Practice in Child and Adolescent Mental Health, 2016, 1, 1, 60 CrossRef
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Rebecca Anthony, Sarah Meakings, Julie Doughty, Heather Ottaway, Sally Holland, Katherine H. Shelton, Factors affecting adoption in Wales: Predictors of variation in time between entry to care and adoptive placement,Children and Youth Services Review, 2016, 67, 184 CrossRef
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Charles H. Zeanah, Tessa Chesher, Neil W. Boris, Heather J. Walter, Oscar G. Bukstein, Christopher Bellonci, R. Scott Benson, Regina Bussing, Allan Chrisman, John Hamilton, Munya Hayek, Helene Keable, Carol Rockhill, Matthew Siegel, Saundra Stock, Practice Parameter for the Assessment and Treatment of Children and Adolescents With Reactive Attachment Disorder and Disinhibited Social Engagement Disorder,Journal of the American Academy of Child & Adolescent Psychiatry, 2016, 55, 11, 990 CrossRef
1.Jocelyn E Finlay, Günther Fink, Dana Charles McCoy, L Carolina Tavárez, Jeanne Chai, Goodarz Danaei, Majid Ezzati, Wafaie Fawzi, Mary C Smith Fawzi, Stunting risk of orphans by caregiver and living arrangement in low-income and middle-income countries, Journal of Epidemiology and Community Health, 2016, 70, 8, 784 CrossRef
-
Carmen Pinto, Matt Woolgar, Introduction: Looked-after children,Child and Adolescent Mental Health, 2015, 20, 4, e1 Wiley Online Library
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John Simmonds, The potential for use of the Development and Well-Being Assessment (DAWBA) in adoption support assessments,Adoption & Fostering, 2015, 39, 4, 330 CrossRef
Psychopathology among youths who were victims of documented childhood maltreatment
Authors: Ricardo J. Pinto, Ângela C. Maia
First published: 11 February 2013
DOI: 10.1111/camh.12020.
Background:
There is an established relationship between childhood maltreatment and later psychopathology, but most studies have used self-reports and only consider a small number of experiences. The main aim of this study was to examine predictors of psychopathology by comparing two sources (official records vs. self-reports) of ten different childhood adversities among youths who were identified by Child Protective Services (CPS). We also used a comparison group that was not identified by CPS. This study also compared, in terms of psychopathology, three groups of respondents (under-report; agreement; and over-report) based on the discrepancy between the two sources of childhood adversity.
Method: The sample included 136 youths, ages 14–23 years, identified by CPS prior to age 12 as being maltreated and who lived with their family for at least 5 years. The comparison group included 80 youths.
Results: The identified youths were not different from the comparison group in global psychopathology. Psychopathology was associated only with the total amount of self-reported adverse experiences, with depressive symptoms being predicted by both documented and self-reported sexual abuse. Females reported and had more documented adversities, presenting an increased risk for psychopathology. The under-report group had a higher mean of documented experiences and a lower mean in psychopathology.
Conclusions: Despite the limitations of a self-report methodology, our findings attest to its contribution in predicting health outcomes. Professionals from CPS need to be thorough when assessing and documenting the multiple experiences that may co-occur in a household, paying particular attention when young girls are involved, as the experience of sexual abuse has been shown to be independently associated with later risk of developing depressive symptoms. This process may increase the appropriateness of the chosen interventions.
A Comparison Study between Official Records and Self-Reports of Childhood Adversity
Authors: Ricardo J. Pinto, Ângela C. Maia
Published Date: 13 November 2012
PREVALENCE AND RELATIONSHIP BETWEEN ADVERSE CHILDHOOD EXPERIENCES AND CHILD BEHAVIOR AMONG YOUNG CHILDREN
Authors: Pamela A. Clarkson Freeman
Published Date: 4 September 2014
The risk for persistent adult alcohol and nicotine dependence: the role of childhood maltreatment
Authors: Jennifer C. Elliott, Malka Stohl, Melanie M. Wall, Katherine M. Keyes, Renee D. Goodwin, Andrew E. Skodol, Robert F. Krueger, Bridget F. Grant, Deborah S. Hasin
Published Date: 16 February 2014.
Child Maltreatment and Household Dysfunction in a British Birth Cohort
Authors: Rachel Denholm, Chris Power, Claudia Thomas, Leah Li
Published Date: 27 February 2013
Associations between childhood maltreatment and non-medical use of prescription drugs among Chinese adolescents
Authors: Lan Guo, Yan Xu, Jianxiong Deng, Xue Gao, Guoliang Huang, Jinghui Huang, Xueqing Deng, Wei-Hong Zhang, Ciyong Lu
Published Date: 22 May 2017.
Exploration and Comparison of Adolescents With Autism Spectrum Disorder and Their Caregiver’s Perspectives on Transitioning to Adult Health Care and Adulthood
Nancy C Cheak-Zamora, PhD Michelle Teti, Dr PH Anna Maurer-Batjer, MSW, MPHErica Koegler, PhD, MSW
Journal of Pediatric Psychology, Volume 42, Issue 9, 1 October 2017, Pages 1028–1039, https://doi.org/10.1093/jpepsy/jsx075
Published: 04 May 2017
Background: Adolescents with autism spectrum disorder (ASD) experience challenges achieving independence. Few studies assess both adolescents and caregivers’ needs as adolescents transition to adult health care. Objective/Methods: This study explored and compared the health-related independence experiences of 27 adolescents with ASD and their caregivers. Caregivers participated in focus groups and adolescents participated in semi-structured interviews.
Results: Thematic analysis of dyads’ responses highlighted three common themes: (a) efforts toward independence, (b) low self-efficacy for adolescents’ independence, and (c) desire for independence. Nuances in responses indicated that although members of dyads shared many experiences, they were not communicating these experiences with each other. Conclusions: Results suggest both groups understand the importance of health-related independence and are motivated to achieve independence but lack skills and supports. Improved communication about experiences and goals between caregivers, adolescents, and the care team are needed. These findings can inform future interventions to better support adolescents’ transition to adult health care.
Integrated Primary Medical-Behavioral Health Care for Adolescent and Young Adult Depression: Predictors of Service Use in the Youth Partners in Care Trial
Amy M. Rapp, MA Denise A. Chavira, PhD Catherine A. Sugar, PhDJoan R. Asarnow, PhD Journal of Pediatric Psychology, Volume 42, Issue 9, 1 October 2017, Pages 1051–1064, https://doi.org/10.1093/jpepsy/jsx057
Published: 25 March 2017
Objectives Depression, a chronic and disabling condition, frequently has its first onset during adolescence, underscoring the value of early effective treatment and prevention. Integrated medical-behavioral health care provides one strategy for improving treatment access for adolescents and young adults (AYA).
Methods: This study examined predictors of accessing treatment in a multisite randomized controlled trial evaluating an integrated collaborative care intervention aimed at improving access to evidence-based depression treatment through primary health care, compared with usual care. Results: The integrated care intervention was able to overcome barriers to care associated with an initial reluctance to pursue active treatment and older age. Service use was low in both conditions among less acculturated/non-English-speaking families. Conclusions: Results support the value of integrated medical-behavioral health care for improving rates of care. Findings highlight mechanisms by which integrated care may lead to improved rates of care and outcomes for AYA, an underserved and understudied group.
Familial Risk and a Genome-Wide Supported DRD2 Variant for Schizophrenia Predict Lateral Prefrontal-Amygdala Effective Connectivity During Emotion Processing
Tiziana Quarto Isabella Paparella Davide De Tullio Giovanna Viscanti Leonardo FazioPaolo Taurisano Raffaella Romano Antonio Rampino Rita Masellis Teresa Popolizio …
Schizophrenia Bulletin, sbx128, https://doi.org/10.1093/schbul/sbx128
Published: 16 September 2017 The brain functional mechanisms translating genetic risk into emotional symptoms in schizophrenia (SCZ) may include abnormal functional integration between areas key for emotion processing, such as the amygdala and the lateral prefrontal cortex (LPFC). Indeed, investigation of these mechanisms is also complicated by emotion processing comprising different subcomponents and by disease-associated state variables. Here, our aim was to investigate the relationship between risk for SCZ and effective connectivity between the amygdala and the LPFC during different subcomponents of emotion processing.
Thus, we first characterized with dynamic causal modeling (DCM) physiological patterns of LPFC–amygdala effective connectivity in healthy controls (HC) during implicit and explicit emotion processing. Then, we compared DCM patterns in a subsample of HC, in patients with SCZ and in healthy siblings of patients (SIB), matched for demographics. Finally, we investigated in HC association of LPFC–amygdala effective connectivity with a genome-wide supported variant increasing genetic risk for SCZ and possibly relevant to emotion processing (DRD2rs2514218). In HC, we found that a “bottom-up” amygdala-to-LPFC pattern during implicit processing and a “top-down” LPFC-to-amygdala pattern during explicit processing were the most likely directional models of effective connectivity. Differently, implicit emotion processing in SIB, SCZ, and HC homozygous for the SCZ risk rs2514218 C allele was associated with decreased probability for the “bottom-up” as well as with increased probability for the “top-down” model. These findings suggest that task-specific anomaly in the directional flow of information or disconnection between the amygdala and the LPFC is a good candidate endophenotype of SCZ.
Psychiatry Research Volume 257, November 2017, Pages 34-39
Cognitive, affective, and social factors maintaining paranoia in adolescents with mental health problems: A longitudinal study
Author links open overlay panel Jessica C.Birda FelicityWaitea EleanorRowsellb Emma C.Fergussona DanielFreemana
A Department of Psychiatry, University of Oxford, Oxford, United Kingdom
B Buckinghamshire CAMHS, Oxford Health NHS Foundation Trust, The Sue Nicholls Centre, Bierton Road, Aylesbury, Buckinghamshire HP20 1EG, United Kingdom.
Highlights:
-
We examined the predictors of paranoia persistence in adolescents over three months.
-
Thirty four adolescents with mental health problems were assessed.
-
Cognitive processes, affective reactivity, and social stress maintained paranoia.
-
Cognitive treatment studies targeting paranoia mechanisms in adolescents are needed.
Paranoia may be a significant concern during adolescence, but there has been little research on excessive mistrust in young people. In this longitudinal study we set out to test the predictive ability of a number of cognitive, affective, and social factors in the early development of paranoia in a clinical adolescent population. Thirty four help-seeking adolescents, aged 11–16 years, reporting paranoid thoughts and attending mental health services were recruited. Self-report and interview assessments of paranoia were conducted at baseline. Measures relating to a cognitive model of persecutory delusions were completed. Paranoia was reassessed after three months with thirty three participants.
Significant predictors of paranoia persistence were anxiety, depression, worry, negative self-beliefs, perceptual anomalies, insomnia, affective reactivity, bullying, and cyber victimization. No effect was found for reasoning bias or negative perceptions of academic ability, social competence, and physical appearance. In conclusion, many of the maintenance factors implicated in adult paranoia are likely to prove important in the early development of paranoia in young people. Further experimental and treatment studies are now needed to examine the causal role of these factors in the occurrence of paranoia in adolescents.
The unique associations between rape acknowledgment and the DSM-5 PTSD symptom clusters. Authors: Laura C. Wilson Angela Scarpa
Department of Psychological Science, University of Mary Washington, 1301 College Ave, Fredericksburg, VA, USA Psychology Department, Virginia Tech, Blacksburg, VA, USA. It is well documented in the sexual assault literature that more than half of rape survivors do not label their experience as rape. This is called unacknowledged rape. Although this phenomenon is common and undoubtedly has huge implications for psychotherapy, the impact of acknowledgment status on psychological adjustment is unclear. The present study aimed to delineate the unique impact of rape acknowledgment on psychopathology by examining PTSD symptoms at the cluster level.
To examine this, 178 female college students who reported rape completed an online survey, including an assessment of PTSD symptoms in the past month. The results suggested that, after accounting for several covariates, acknowledged rape survivors reported significantly greater levels of intrusion and avoidance symptoms compared to unacknowledged rape survivors. The findings suggest that examining PTSD symptoms at the cluster level may provide more insight into the process of recovery following rape and therefore may better inform treatment decisions.
Keywords: Unacknowledged rape, Posttraumatic stress disorder, Label, Psychopathology.
Child Abuse & Neglect Volume 70, August 2017, Pages 210-221, Child Abuse & Neglect
Research article “Talking about child sexual abuse would have helped me”: Young people who sexually abused reflect on preventing harmful sexual behaviour.
Authors: Gemma McKibbin, Cathy Humphreys, Bridget Hamilton,
Melbourne School of Health Sciences, University of Melbourne, Melbourne, Australia.
https://doi.org/10.1016/j.chiabu.2017.06.017 Harmful sexual behavior carried out by children and young people accounts for about half of all child sexual abuse perpetration. The aim of this study was to draw on the insights of young people who had been sexually abusive to enhance the current prevention agenda. The study involved semi-structured interviews with 14 young people and six treatment-providing workers. Sampling was purposive and the young people had previously completed a treatment program for harmful sexual behaviour in Victoria, Australia.
The young people were approached as experts based on their previous experience of engaging in harmful sexual behavior. At the same time, their past abusive behavior was not condoned or minimised. Constructivist Grounded Theory was used to analyse the qualitative data. Opportunities for preventing harmful sexual behavior were the focus of the interviews with young people and workers. The research identified three opportunities for prevention, which involved acting on behalf of children and young people to: reform their sexuality education; redress their victimization experiences; and help their management of pornography. These opportunities could inform the design of initiatives to enhance the prevention agenda.
Keywords: Public health, Prevention, Child sexual abuse, Children and young people with harmful sexual behaviour, Problematic sexual behaviour, Sexually abusive behaviour.
Psychiatry Research
Volume 257, November 2017, Pages 361-366
Parental reflective functioning as a moderator of child internalizing difficulties in the context of child sexual abuse.
Authors Karin Ensinka Michaël Bégina Lina Normandina Peter Fonagyb
http://www.sciencedirect.com/science/journal/01651781/257?sdc=1
Highlights:
Parental mentalizing involves imagining the child’s experience and understand what their behavior communicates about this.
The findings show that better parental mentalizing is linked to fewer child internalizing and externalizing problems.
Parental mentalizing is a protective factor for sexually abused children.
The objective was to examine pathways from child sexual abuse(CSA) and maternal mentalizing to child internalizing and externalizing difficulties and to test a model of MRF as a moderator of the relationships between CSA and child difficulties. The sample was comprised of 154 mothers and children aged 2–12 where 64 children had experienced CSA. To assess parental mentalizing the Parental Development Interview was rated with the Parental Reflective Functioning Scale. Child internalizing and externalizing difficulties were assessed with the Child Behavior Checklist (CBCL). Results indicate that there were significant inverse relationships between maternal mentalizing and child internalizing and externalizing difficulties. When maternal mentalizing was considered together with CSA, only maternal mentalizing was a significant predictor of child difficulties. Furthermore, maternal mentalizing moderated the relationship between CSA and child internalizing difficulties. These findings provide evidence of the importance of the parents’ mentalizing stance for psychiatric symptoms of children aged 2–12, as well as children’s recovery from CSA. The clinical implications of the findings are discussed.
-
Introduction
Sexual abuse affects a sizable minority of children and a recent meta-analysis indicates that on average, 20% of girls and 8% of boys experience sexual abuse (Pereda et al., 2009b) although rates vary depending on country and context (0–60% of girls and 0–50% of boys; Pereda, et al., 2009a). Child sexual abuse (CSA) is associated with a range of short term and long term physical and mental health problems (Briere and Elliot, 2003; Collin-Vézina et al., 2013; Mathews et al., 2013; Pollio et al., 2011; Sadowski et al., 2003).
Up to 60% of sexually abused children develop moderate to severe symptoms of psychopathology (Maniglio, 2009; Putnam, 2003) and over one third of sexually abused children manifest clinically significant internalizing difficulties and 46–47% develop externalizing difficulties (Beaudoin et al., 2013; Mathews et al., 2013; McCrae et al., 2006; Paolucci et al., 2001). Furthermore, findings from a recent study indicate that sexually abused children showed significantly more internalizing and externalizing difficulties than children exposed to other forms of abuse (Lewis et al., 2016).
The increased risk of health and mental health problems can be understood in part by the fact that sexual abuse undermines the development of positive sense of self and trust in others (Hébert et al., 2016) and disrupts the development of emotional regulation through dysregulation of the HPA axis (Kuhlman et al., 2015). It is thus a priority to identify potential resilience processes and consider how they can be supported and enhanced. Parenting may be particularly important to modulate the impact of child sexual abuse (CSA).
https://academic.oup.com/medlaw/article/25/3/428/3738868/Seeking-Certainty-Judicial-Approaches-to-the
Seeking Certainty? Judicial Approaches to the (Non-)Treatment of Minimally Conscious Patients | Medical Law Review | Oxford Academic
academic.oup.com
A modest, but growing, body of case law is developing around the (non-)treatment of patients in the minimally conscious state. We sought to explore the approaches that the courts take to these decisions. Using the results of a qualitative analysis, we identify five key features of the rulings to date. First, the judges appear keen to frame the cases in such a way that these are rightly matters for judicial determination. Secondly, the judges appraise the types and forms of expertise that enter the courtroom, seeming to prefer the ‘objective’ and ‘scientific’, and particularly the views of the doctors.
https://academic.oup.com/medlaw/article/25/1/47/2623372/Liminality-and-the-Limits-of-Law-in-Health
Liminality and the Limits of Law in Health Research Regulation: What are we Missing in the Spaces in-Between? | Medical Law Review | Oxford Academic
academic.oup.com
This article fundamentally challenges the way in which law currently regulates human health research. It invokes the anthropological concept of liminality—the quality of in-between-ness—to suggest deeper ways of understanding ongoing challenges in delivering acceptable and effective regulation of research involving human participants. In stark contrast to the structural regulatory spaces constructed by law.
https://academic.oup.com/medlaw/article/4084306/Using-and-Disclosing-Confidential-Patient
Using and Disclosing Confidential Patient Information and the English Common Law: What are the Information Requirements of a Valid Consent? | Medical Law Review | Oxford Academic
academic.oup.com
The National Health Service in England and Wales is dependent upon the flow of confidential patient data. In the context of consent to the use of patient health data, insistence on the requirements of an ‘informed’ consent that are difficult to achieve will drive reliance on alternatives to consent. Here we argue that one can obtain a valid consent to the disclosure of confidential patient data, such that this disclosure would not amount to a breach of the common law duty of confidentiality, having provided less information than would typically be associated with an ‘informed consent’.
http://www.sciencedirect.com/science/article/pii/S0165178117302780
http://www.sciencedirect.com/science/journal/01651781/257?sdc=1
http://www.sciencedirect.com/science/article/pii/S016517811632159X
https://academic.oup.com/schizophreniabulletin/issue/43/5
https://academic.oup.com/schizophreniabulletin/article/43/5/937/3892422/Motor-Issues-in-the-Clinical-High-Risk-Phase-of
https://academic.oup.com/schizophreniabulletin/article/43/5/1002/3873533/Adherence-to-Antipsychotic-Medication-and-Criminal
https://academic.oup.com/schizophreniabulletin/article/43/5/1011/3859745/Neighborhood-Influences-on-Violent-Reoffending
http://ajp.psychiatryonline.org/doi/full/10.1176/appi.ajp.161.11.2021
Childhood Videotaped Social and Neuromotor Precursors of Schizophrenia: A Prospective Investigation
Jason Schiffman, Ph.D., Elaine Walker, Ph.D., Morten Ekstrom, M.D., Fini Schulsinger, M.D., Holger Sorensen, M.D., and Sarnoff Mednick, Ph.D., Dr.Med.
http://www.cps.gov.uk/victims_witnesses/resources/cps_victim_and_witness_survey_action_plan_sept_2015.pdf
http://www.cps.gov.uk/publications/prosecution/therapychild.html
http://www.cps.gov.uk/legal/v_to_z/safeguarding_children_as_victims_and_witnesses/
http://www.cps.gov.uk/victims_witnesses/children_policy.pdf
Thank you, Ladies and Gentlemen, for listening to this presentation and I hope that these materials can be helpful for your work also.
Connect on twitter: @markfernando
The talk’s literature review materials and web hyperlinks for further reading, are to be at:
www.markfernandoseminar.wordpress.com
Selected Bibliography for further reading:
Mark’s early education was in West London and North West London, then attending SOAS and LSE, graduated from the London School of Economics, University of London, with a BSc Honours Degree from LSE. Mark holds at postgraduate level, The Diploma in Psychology (Dip.Psych.) and The Advanced Diploma in Psychotherapy (Adv.Dip.Psych.), Doctoral Degree (PhD) that includes Psychotherapy and Psychology. Mark’s postdoctoral qualifications are from University of Oxford, Harvard Medical School at Harvard University, Christ Church College (CCCU) Canterbury and University of Kent. Mark is an Associate Faculty and Alumni member of the University of Oxford, serving on the University of Oxford Committee for East Kent. An Invited Guest Faculty of Harvard Medical School, an Invited Fellow of the University of Kent and was the lead for the Advanced Research Centre for Comparative Bioethics. Currently a member of the International Association for Forensic Psychotherapy, UK, a member of the Chartered College of Teaching, UK and serving as a member of NHS Healthcare Trusts in Kent, London, Oxford and Cambridge.