Evaluation of child witnesses for confrontation by criminal defendants.

States have passed legislation governing the procedures by which children may testify in cases of child abuse. In Maryland v. Craig (1990), the US Supreme Court reviewed the constitutionality of these procedures. As a result, psychologists may be asked to perform evaluations regarding the potential trauma a child faces in confronting a defendant in a criminal case. Specifically, opinions of psychologists may be sought as to the potential trauma a child may endure as a result of a face-to-face confrontation with a defendant. Research relevant to this assessment is reviewed, and it is suggested that psychologists may be of most help in preparing children to testify. Careful attention should be given to ethical and legal issues, and psychologists should be careful not to overstep the limits of their expertise. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Psychologists' current practices and procedures in child custody evaluations: Five years after American Psychological Association guidelines.

What is the current state of professional practice among child custody evaluators, and how congruent is current practice with the 1994 American Psychological Association (APA) "Guidelines for Child Custody Evaluations in Divorce Proceedings" (APA Guidelines; APA, 1994)? A national survey of 198 psychologists revealed a high degree of training and experience among respondents and an increased understanding of procedural issues. Evaluators reported using multiple sources of data collection, critical decision-making skills, and knowledge of ethical, legal, and risk management issues. Overall, child custody evaluations appear to have become more sophisticated and comprehensive during the past 15 years, with current practices and procedures adhering to APA Guidelines. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

"Clinical child psychology: A practice specialty serving children, adolescents, and their families": Correction to Jackson et al (2010).

Reports an error in "Clinical child psychology: A practice specialty serving children, adolescents, and their families" by Yo Jackson, Fred L. Alberts Jr. and Michael C. Roberts (Professional Psychology: Research and Practice, 2010[Feb], Vol 41[1], 75-81). The following sentence on page 79 is incorrect: “As evidence of the growing recognition of board certification, many institutions providing services to children, adolescents, and families are requiring their psychologists to become certified by ABPP (e.g., Mayo Clinic) and some insurance companies now mandate this for their panels (e.g., Group Health in Seattle).” In fact Group Health in Seattle does not mandate ABPP certification for psychologists. The sentence should not contain the example in the second set of parentheses. (The following abstract of the original article appeared in record 2010-02467-010.) Clinical child psychology is a growing and vibrant field of practice and research within professional psychology. The purpose of this article is to contribute to the recent series of articles on specialties in Professional Psychology Research and Practice and delineate the development, design, and purpose of clinical child psychology. The article describes the current trends in the specialty and the challenges clinical child psychologists face in tending to the mental health needs of youth and their families. The need for the specialty and the definition of the scope of the work of clinical child psychologists is described. The parameters of training are also discussed, with a focus on the distinctiveness of the role of the clinical child psychologist. Outlined are applications of the work with children, adolescents, and their families including types of professional practice and collaborations with other professionals. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Notification of purpose in custody evaluation: Informing the parties and their counsel.

The process of alerting child custody and access litigants to the purposes, procedures, and ramifications of the child custody or parenting examination invokes both psychological and legal considerations. A full and complete notification of purpose can be accomplished only by a coordinated effort between the examiner and counsel. In light of the range of potential variations in examiner approach, this notification may be individualized to reflect the examiner's style and the case needs. Because of the abundance of information to be included and the importance of the inclusion of counsel in the process, written notification, provided in advance of the examination, is useful. The basic elements of a notification are discussed, to be adapted to the parameters of the examiner's practice. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Silence is not golden.

Suggests that psychologists should testify in court concerning psychological research on eyewitness testimony. This recommendation contradicts that of M. McCloskey and H. E. Egeth (see record 1984-06612-001). Documented cases of convictions of innocent people based on faulty eyewitness accounts indicate a need for improvement in legal procedures. One improvement is to educate jurors through expert testimony. Research on the psychological factors that influence the accuracy and completeness of eyewitness accounts could be useful in clarifying commonly held misconceptions. (37 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Sexual abuse victimization and the child witness in Canada: Legal, ethical, and professional issues for psychologists.

The Canadian legal system has made a number of significant reforms in the last few decades regarding the rights of child witnesses and, in particular, the rights of those who have disclosed sexual abuse. This paper provides an overview of the law in Canada as it pertains to child sexual abuse victims and witnesses, and reflects on the role and responsibilities of psychologists who work with child witnesses. It reviews the effects of protection reforms and preparation programs on children who must testify, examines some of the current major issues in the research literature in the area of interviewing and assessing sexually abused children, and considers the role of the psychologists as expert witness in court. In addition, it discusses potential ethical dilemmas for psychologists who work with child witnesses, and proposes recommendations for research and clinical practice. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Informed consent in capital sentencing evaluations: Targets and content.

Far-reaching implications are associated with psychological evaluation procedures in capital cases. The gravity and complexity of evaluations in a death penalty context call for an expanded perspective on informed consent disclosures from psychologists who perform capital sentencing assessments. A rationale is presented for making defense counsel the primary target for these expanded informed consent procedures. Informed consent obligations of prosecution-retained psychologists primarily involve issues of notice, with a proposal for proactive acknowledgement of limitations in the evaluation procedures. Issues for informed consent discussion between defense-contacted psychologists and defense counsel include attitudes, theoretical perspectives, and professional history of the psychologist; logistics of the evaluation; and parameters and procedures of the evaluation. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Introduction to special section on clinical intervention in child sexual abuse.

The purpose of this special section is to further research, clinical practice, and teaching in the area of child sexual abuse. Although most of the articles are written by psychologists and are relevant to research, practice, and teaching by psychologists, the articles have relevance to other professionals as well. The special section is composed of seven articles. The first focuses on the effects of child sexual abuse. The next five articles have relevance for assessment and treatment. The last article focuses on teaching clinical intervention in child sexual abuse. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Assessing mental retardation in death penalty cases: Critical issues for psychology and psychological practice.

In 2002, the United States Supreme Court decided the Atkins case, which held that mentally retarded defendants could not be executed. The opinion gave no guidance on the definition of mental retardation, preferring to leave to individual states the task of determining not only the definition of mental retardation but also the assessment procedures to be used in making the diagnosis. This lack of guidance has resulted in many issues, including varying definitions of what constitutes mental retardation across states, use of different assessment procedures to make the determination that a person has mental retardation, and numerous psychometric concerns regarding the provision of psychological assessment services to the courts in capital cases that involve a defendant who may have mental retardation. This article examines these latter issues in detail from both psychological and legal perspectives and makes recommendations for practicing psychologists. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The psychologist as general family practitioner.

Responses from 1,412 psychologists in United States, who indicated that private practice is their full-time occupation, showed that over 90% of them have been seeing different members of families for different reasons at different times over a period of years. Initially a child may have been seen for poor school adjustment; a year later one of the parents may have sought therapy for depression, and some years later a child may have come for college counseling. Such psychologists are functioning as general family practitioners or family psychologists. A review of theoretical orientation and geographical locations, as well as length of time in practice, suggests that this type of functioning is quite widespread among private practitioners. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Clinician Variation in Rates of Legal Sanity Opinions: Implications for Self-Monitoring.

How often do forensic psychologists find that a defendant meets criteria for legal sanity? Do clinicians vary in terms of how frequently they offer opinions supportive of insanity? If so, how might a conscientious clinician determine whether unusually high or low rates of insanity opinions reflect bias? The authors present the first available data regarding how individual clinicians vary in rates of insanity opinions, drawing from 59 clinicians who conducted 4,498 evaluations. Most clinicians found 5%-25% of defendants met criteria for legal insanity. However, some clinicians opined that no defendants met criteria for legal insanity, whereas others opined that as many as 50% of defendants did. The authors (a) provide suggestions to help practicing clinical-forensic psychologists monitor their patterns of psycho-legal opinions and (b) examine carefully whether unusual rates may reflect clinician bias. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Evaluation of mentally retarded persons for sterilization: Contributions and limits of psychological consultation.

As a result of recent changes in legal standards governing sterilization of mentally retarded persons, psychologists may be asked to perform evaluations regarding petitions for sterilization. Specifically, according to the standard established by the In re Hayes decision, opinions of psychologists may be sought regarding the mentally retarded individual's competence to consent to sterilization, the association of a given syndrome with sterility, the likelihood of the individual's becoming sexually active, his/her parental competence and competence in use of contraceptives, trainability in menstrual hygiene, and the probability of scientific advances that might render the need for sterilization moot. Research relevant to these questions is reviewed, and it is suggested that psychologists may be of most help in consulting on alternatives to sterilization. Careful attention should be given to the moral and legal dimensions of the problem, and psychologists should be careful not to overstep the limits of their expertise. (42 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

"Manual of Child Psychology": Erratum.

Reports an error in the review by Roger G. Barker of the L. Carmichael edited book, Manual of Child Psychology (Psychological Bulletin, 1955, Vol 52[3], 263-267). The sentence on page 266, right-hand column, should read "However, this reader found intriguing the world view so boldly sketched." (The following abstract of this article originally appeared in record 2005-10141-002). This book is a good picture of child psychology in 1954. The weaknesses of the Manual are largely the weaknesses of the science it surveys. A good manual of child psychology awaits a more mature science of child behavior. In the meantime this book and, it is to be hoped, its future editions provide an important aid in achieving this maturity. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Liability issues in child abuse and neglect reporting statutes.

For nearly 30 years, psychologists have relied almost exclusively on child abuse and neglect reporting statutes to understand the legal duty to report child maltreatment. Although these statutes go far in delineating the contours of reporting requirements, mandated reporters may further their understandings of their duties through knowledge of judicial interpretation of these statutes. Accordingly, this article reviews the liability provisions found in the 50 states' child abuse and neglect reporting statutes and summarizes relevant court findings. Courts seem motivated by 2 key considerations, namely, that statutes should be interpreted broadly and that states' interests in such reporting is compelling. These opinions offer practical guidance as well as information relevant to the debate on how these reporting statutes should be reformed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Judges' and Psychologists' Assessments of Legal and Clinical Factors in Competence for Execution.

A historical-legal survey of competency for execution (CFE) identified the major factors that led up to and followed the 1986 Supreme Court decision in Ford v. Wainwright. A survey was conducted of 113 judges authorized to give death penalty sentences. Four content areas were identified: understanding and appreciation of punishment, understanding and appreciation of death, working with counsel, and clinical considerations. Items were then utilized to form the Competency for Execution Research Rating Scales (CERRS). Ninety forensic-clinical psychologists made CFE assessments based on 9 fictional vignettes, with approximately half of the participants receiving the CERRS. Significant main effects were found for CERRS availability, for how many legal criteria were met, and for level of diagnostic symptomatology. Significant differences between the psychologists given the CERRS and those not given the CERRS were also found when the embedded legal criteria were "uncertain." This research is discussed in the context of assessing the perspectives of both judges and psychologists, and subsequently developing an instrument to assist in CFE evaluations. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Guidelines for psychological evaluations in child protection matters.

Presents the American Psychological Association's (APA's) guidelines for desirable professional practice in child protection matters. The guidelines were developed primarily for psychologists conducting psychological evaluations in child protection matters. The guidelines build on the APA's Ethical Principals of Psychologists and Code of Conduct (APA, 1992) and are aspirational in intent. The term guidelines refers to pronouncements, statements, or declarations that suggest or recommend specific professional behavior, endeavor, or conduct for psychologists (APA, 1992). The guidelines are not intended to be either mandatory or exhaustive and may not always be applicable to legal matters. Their aspirational intent is to facilitate the continued systematic development of the profession and to help assure a high level of professional practice by psychologists. The specific goal of the guidelines is to promote proficiency in using psychological expertise in conducting psychological evaluations in child protection matters. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Wailing Babies in Her Wake.

The scientific study of child witnesses has influenced both developmental science and jurisprudence concerning children. Focusing on the author's own studies, 4 categories of research are briefly reviewed: (a) children's eyewitness memory and suggestibility; (b) memory for traumatic events in childhood; (c) disclosure of child sexual abuse; and (d) experiences of child victim/witnesses within the legal system. Implications for psychology and for legal practice are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Mothers' attitudes toward seeking help for their children from school and private psychologists.

What inhibits parents from seeking psychological help for their children? This study examined the attitudes of mothers of school-age children toward seeking psychological help from school psychological services and from private psychologists. Mothers express greater and more intense worries in relation to seeking help from school psychological services as compared to private psychologists. Hypothetical vignettes about a problematic child also showed that mothers prefer to refer both their own child and that of a friend to a private psychologist. Reducing the threat aroused by public sector psychologists should increase the utilization of psychological help for children. (PsycINFO Database Record (c) 2010 APA, all rights reserved)