Your Honor Knows Best: The Parental Role of Virginia Courts in Facilitating Non-Custodial Parents’ Dominance Over Primary Custodians 'In the Best Interests of the Children'

2020 ◽  
Author(s):  
Eric Hagen
Keyword(s):  
Best Interests ◽  
Parental Role ◽  
Custodial Parents

Working Toward Recognition of the Rights of Migrant and Refugee Children

2020 ◽  
pp. 674-695
Author(s):  
Sarah Paoletti
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Best Interests ◽  
Refugee Children ◽  
Next Generation ◽  
Rights Of The Child

This chapter addresses the rights of migrant and refugee children who increasingly are forced into migration, either alone or with members of their family, due to violence, civil war, poverty, economic degradation, and other often-intersecting factors. While addressing the rights and obligations set forth in the Convention on the Rights of the Child and other international and regional human rights instruments, the chapter further seeks to bring attention to the complexity and fluidity of migration and the motives that spurn migration; the role of family in serving the child’s best interests; and the scope of considerations that must be accounted for in seeking to ensure that the next generation of immigrants is positioned to thrive.

scholarly journals The Use of Neuroscience and Psychological Measurement in England's Court of Protection

2020 ◽  
Vol 11 ◽  
Author(s):  
Andrew McWilliams ◽  
Stephen M. Fleming ◽  
Anthony S. David ◽  
Gareth Owen
Keyword(s):  
Brain Function ◽  
Mini Mental State Examination ◽  
Case Law ◽  
Mental Capacity ◽  
Best Interests ◽  
Quantitative Review ◽  
Mental Capacity Act ◽  
State Examination ◽  
Neuroscience Community

The 2005 Mental Capacity Act of England and Wales provides a description in statute law of a test determining if a person lacks “mental capacity” to take a particular decision and describes how the “best interests” of such a person should be determined. The Act established a new Court of Protection (CoP) to hear cases related to the Act and to rule on disputes over mental capacity. The court gathers a range of evidence, including reports from clinicians and experts. Human rights organisations and others have raised concerns about the nature of assessments for incapacity, including the role of brain investigations and psychometric tests.Aim: Describe use and interpretation of structured measures of psychological and brain function in CoP cases, to facilitate standardisation and improvement of practices, both in the courtroom and in non-legal settings.Method: Quantitative review of case law using all CoP judgments published until 2019. The judgments (n = 408) were read to generate a subset referring to structured testing (n = 50). These were then examined in detail to extract the nature of the measurements, circumstances of their use and features of interpretation by the court.Results: The 408 judgments contained 146 references to structured measurement of psychological or brain function, spread over 50 cases. 120/146 (82.2%) referred to “impairment of mind or brain,” with this being part of assessment for incapacity in 58/146 (39.7%). Measurement referred on 25/146 (17.1%) occasions to “functional decision-making abilities.” Structured measures were used most commonly by psychiatrists and psychologists. Psychological measurements comprised 66.4% of measures. Neuroimaging and electrophysiology were presented for diagnostic purposes only. A small number of behavioural measures were used for people with disorders of consciousness. When assessing incapacity, IQ and the Mini-Mental-State Examination were the commonest measures. A standardised measure of mental capacity itself was employed just once. Judges rarely integrated measurements in their capacity determinations.Conclusion: Structured testing of brain and psychological function is used in limited ways in the Court of Protection. Whilst there are challenges in creating measures of capacity, we highlight an opportunity for the neuroscience community to improve objectivity in assessment, inside and outside the courtroom.

scholarly journals Access and the non-custodial parent in the Republic of Ireland

2020 ◽  
Vol 62 (2) ◽  
pp. 199-215
Author(s):  
Anne Egan
Keyword(s):  
Best Interests ◽  
Family Court ◽  
Rights Of The Child ◽  
Parents And Children ◽  
Custodial Parent ◽  
Bona Fide ◽  
United Nations Convention ◽  
The Republic ◽  
Custodial Parents ◽  
The Right

Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.

Terapia Centrada En Soluciones Como Tratamiento En La Conducta Infantil Y En El Rol Parental Ejercido Por Abuelos en Ausencia De Los Padres: Análisis De Caso

Xihmai ◽  
2018 ◽  
Vol 12 (24) ◽  
Author(s):  
Alina Amairany Dorantes Rodrí­guez [1]
Keyword(s):  
Parental Role ◽  
Palabras Clave ◽  
Therapy Model ◽  
Investigación Cualitativa ◽  
Estudio De Caso

ResumenEsta investigación cualitativa es un estudio de caso basado en registros y observaciones. Su carácter no experimental se debe a que se investigaron las interacciones sin modificar variable alguna. Se basa en la intervención con una familia cuyos roles no son claros y sus lí­mites son difusos; en el que Marí­a desea con la terapia aprender estrategias propias del rol de madre que le delega su hija para mejorar la conducta de sus nietas. Le fue útil la técnica de escalas de avance del Modelo de Terapia Centrada en Soluciones para medir cuantitativamente sus progresos asignándoles una cifra. Los resultados conductuales fueron favorables y aportaron tranquilidad a la abuela. Esta investigación culmina el 5 de noviembre de 2015.Palabras clave: roles, Modelo de Terapia Centrada en Soluciones, escalas de avances, rol parental, abuelos. AbstractThis research is qualitative about case study based on records and observations. Its non-experimental character is due to the fact that interactions were investigated without modifying any variable. It is based on intervention with a family whose roles are unclear and their boundaries are diffuse; where Maria wants with the therapy to learn strategies of the role of mother that her daughter delegates to improve the behavior of her granddaughters. Was useful for her the technique of scales of advance of the Model of Therapy Centered in Solutions to quantitatively measure girls’ progress assigning a number to their advances. Behavioral results were favorable and provided reassurance to the grandmother. This research culminates on November 5, 2015.Keywords: Roles, Solution-Centered Therapy Model, progress scales, parental role, grandparents. [1] Licenciada en Psicologí­a por Universidad La Salle Pachuca. Egresada de Maestrí­a en Psicoterapia Familiar,Universidad La Salle Pachuca.

Planning with people and their families

2018 ◽  
pp. 263-306
Author(s):  
Owen Barr ◽  
Bob Gates
Keyword(s):  
Action Planning ◽  
Direct Care ◽  
Best Interests ◽  
Nursing Interventions ◽  
Care Plans ◽  
Life Planning ◽  
Health Action ◽  
The Republic ◽  
The Uk

This chapter builds on the information within Chapter 4 and gives more in-depth consideration to the practicalities of accurate nursing assessments and writing outcome-focused care plans. It provides detailed information on important considerations when planning nursing interventions with people with intellectual disabilities and their carer/carers, including the role of advocacy, life planning, client health records, consent process, making best interests decisions, vulnerability, and safeguarding children and adults. It adds to this practical information by providing information on the necessary wider considerations for effective nursing and collaborative interdisciplinary and inter-agency working across the UK and the Republic of Ireland, including care pathways, health action planning, health facilitation, case management, and direct care payments.

Clinician Activism and Ethical Restraints in Providing Treatment: Preventive as Opposed to Reconstructive Approaches

1992 ◽  
Vol 29 (6) ◽  
pp. 571-574
Author(s):  
Howard M. Saal
Keyword(s):  
Health Professionals ◽  
Birth Defect ◽  
Treatment Decisions ◽  
Best Interests ◽  
Guidance And Counseling ◽  
Best Interest

There is seldom controversy when faced with treatment decisions for a child born with a birth defect. Occasionally, the situation arises in which a decision to withhold treatment must be made. Under most circumstances the responsibility for making such decisions rests with the child's parents or guardians, since it is generally felt that these individuals are the best advocates for the child's best interests. In order to make such difficult decisions, the parents are dependent upon the guidance and counseling of health professionals, especially the physicians most closely involved in each case. The ultimate decisions made by parents are dependent upon open and unambiguous communication with their children's clinicians as well as open communications among the caregivers themselves. The role of the clinician as an advocate for treatment and nontreatment of children is dependent upon clear unbiased communication and the desire to do what is in the best interest for each patient.

Claims of Forgotten Trauma

1996 ◽  
Vol 24 (3) ◽  
pp. 401-419
Author(s):  
G. Christian Harris
Keyword(s):  
Treatment Plan ◽  
Psychological Impact ◽  
Well Being ◽  
Mental Illnesses ◽  
Best Interests ◽  
Recovered Memory ◽  
Case Histories ◽  
Repressed Memory ◽  
Psychiatric Case

Background: A review of the literature was made concerning repressed memory phenomena and recovered memory therapy, and data from six psychiatric case histories were examined specifically with regard to repressed memory phenomena. The ramifications of repressed memory phenomena were examined regarding cultural origins and legal consequences, the role of the therapists in such cases, and the effects of repressed memory claims on the patients. Methods: A discussion of the literature regarding repressed memory phenomena and their cultural significance and legal applications precedes an examination of six cases involving repressed memory claims—three clinical psychiatric case histories and three forensic psychiatric case histories. Each case was evaluated with regard to its ultimate forensic resolution and/or its psychological impact on the patients and their families. Results: Repressed memory claims have gained cultural ascendancy during the last decade and have proliferated within the legal system, beginning with the late 1980s. Claims of repressed memory phenomena and methods of recovered memory therapy at the present time have shown little regard for substantiated proof or sound critical thinking in the pursuit of assigning blame for a wide array of adult mental illnesses and disorders. Conclusions: A method must be developed as a standard for repressed memory cases that will preserve the best interests of the patient and the integrity of the therapist's treatment plan. Recommendations are made for safeguarding the well-being of the patient and for defining the objective and credible role of the therapist in repressed memory cases.

Substituting a Judgment of Best Interests: Dignity and the Application of Objective Principles to PVS Cases in the U.K.

2005 ◽  
Vol 12 (4) ◽  
pp. 335-345 ◽  
Author(s):  
Geoffrey Pradella
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Best Interests ◽  
Substituted Judgment ◽  
Abortion Debate ◽  
The United Kingdom ◽  
National Legislatures

AbstractThe mêlée that surrounded the last days of Terri Schiavo's life was reminiscent of a classical Greek tragedy. Much like Antigone, Ms. Schiavo became enmeshed in irresistible and opposite forces, resolved to use her situation as an arena for the determination of political and legal issues as diverse as the exercise of states' rights, the extent of individual rights, the role of the judiciary, the re-opening of the abortion debate, and the regulation of stem cell research. As Europeans watched the drama unfold, the forces at play in the United States clashed head-on, in a rhetorically inflammatory spectacle which, on this side of the Atlantic, left many aghast. Most unsettling was the prospect of individuals wielding the power of state and national legislatures in what was, ultimately, an intensely personal affair.In the United Kingdom, the struggle was a stark reminder of the differences, not only between British and American political culture, but between our approaches to legal issues which present themselves at the end of life. The existence of well-established procedures and principles, and the extensive involvement of neutral third parties and the courts in pursuit of an objective determination of an individual patient's 'best interests', are key to the conclusion that Terri Schiavo's case would have been handled at least as effectively and efficiently as it was by the courts in Florida and the United States. That issues of consent and capacity can be determined by British courts on the basis of generally applicable principles leads to the subsequent conclusion that a 'best interests' determination leaves significantly less scope for conflict than the individualistic, much more personal and determinative construct of the 'substituted judgment' test in the United States.

Development of mound-building in Australian brush-turkeys (Alectura lathami): the role of learning, testosterone and body mass

2006 ◽  
Vol 54 (2) ◽  
pp. 71 ◽  
Author(s):  
Ann Göth ◽  
Lee Astheimer
Keyword(s):  
Life History ◽  
Body Mass ◽  
Social Dominance ◽  
Role Models ◽  
Early Age ◽  
Parental Role ◽  
Behavioural Development ◽  
Dominance Status ◽  
Alectura Lathami

Australian brush-turkeys (Alectura lathami) hatch in incubation mounds of organic material and have no parental role models to learn from. When raised in outdoor aviaries, without adults, four of six males built incubation mounds at an early age of 4.5–9 months. The two males without mounds were the only ones without detectable levels of testosterone (T) at 4.5 months, whereas body mass did not explain the presence or absence of mound building. At the age of 11 months, all males had detectable T, including those without mounds. This study also investigated the development of social dominance in males kept in mixed-sex groups for 4.5 months. At this latter age, higher-ranked males tended to have higher T levels (P = 0.076), whereas dominance ranks at 4.5 months were not correlated with body mass or size, either at this age or at hatching. Overall, these results suggest that mound building develops without learning, and there is a relationship between T levels and dominance status as well as the absence or presence of mound building. These findings contribute to discussions on the role of learning in behavioural development and the role of T and body mass in avian life history.

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