Terminating parental rights: the relation of judicial experience and expectancy-related factors to risk perceptions in child protection cases

Abstract

This study examined the impact of judicial experience and expectancy-related case factors on perceptions of risk in decisions to terminate parental rights. One hundred and thirty-three child abuse and neglect court judges read a simulated child protection case and decided whether to terminate parental rights. Three expectancy-related case factors (sibling presence, parent support, and information regarding the child's potential adoptability) were varied across eight experimental conditions. Data regarding judges' experience, emotion, cognitive style, and certain demographic variables were analyzed in relation to their perceptions of risk for the child returning home and the child remaining in foster care. Expectancy-related case factors predicted risk perception for experienced judges only. In contrast, emotion, cognitive style, and demographic variables predicted less experienced judges' decisions.

The decision of out-of-home placement in residential care after parental neglect: Empirically testing a psychosocial model

“…the more positive the emotions that the worker anticipates to experience following the decision, the more favorable the evaluation of that decision and the higher the intention to defend it. Thus, this result not only supports the presence of an emotional dimension within the decisional process in child protection (Summers et al, 2012;Taylor et al, 2008), but it also builds on Summers et al (2012) study: (1) it shows the specific effect of positive and negative Emotions; and (2) it shows the effect of emotions that are not immediately experienced at the time of the decision making, but that are anticipated to be experience once the decision is made (Loewenstein et al, 2001). Regarding the factors that predict the workers' emotions, this study proves the effect of socio-normative and behavioral factors.…”

“…Also, the recognition that worker's judgment, assessments and actions are determined both by their legal, theoretical and organizational knowledge and by their personal and professional experiences raised the hypothesis of the effect of emotional, experiential and valueladen variables in risk assessment and out-of-home placement decision (e.g., Davidson-Arad et al, 2003;Summers et al, 2012;Taylor, Beckett, & McKeigue, 2008).…”

“…In fact, it has been designated as Theory of Planned Behavior's efficacy and Sufficiency Measure as the direct effect between past and future behavior points to the lack of important variables in the model (Ajzen, 1991). The impact of behavior experience in child protection literature -mostly operationalized in term of years of experience (e.g., Davidson-Arad et al, 2003) -has been linked in decision making to the influence it may have in: (1) worker's perceptions and practical knowledge of barriers toward residential care placement and worker's beliefs about its consequences for the child (Davidson-Arad et al, 2003;Summers et al, 2012); as well as (2) a better worker's consciousness over institutional and social criticism and pressures that may follow a residential care placement decision (Dickens, 2007;Kanani et al, 2002;Lachman & Bernard, 2006;Munro, 2005).…”

“…The choice of those variables was based on their pertinence for out-of-home placement decision (e.g., Davidson-Arad et al, 2003;Summers et al, 2012;Taylor et al, 2008) and also on empirical evidence that demonstrates its effects and added-value in explaining other ethical behavior (Conner & Armitage, 1998;Ajzen, 1991;Ajzen & Fishbein, 2005;Weber & Johnson, 2009;Oreg & Katz-Gerro, 2006;Milfont, Duckitt, & Wagner, 2010;Eagly & Chaiken, 1993;Conner & Armitage, 1998). Therefore, the proposed model also considers the, direct or indirect, effect of worker's value-laden, affective (Emotions) and experiential variables (Behavior Experience), as well as risk-danger assessment.…”

Improving decision-making agreement in child protection cases by using information regarding parents' response to an intervention: A vignette study

“…In addition to the previously mentioned limitations of decisionmaking in child protection cases, several studies have indicated differences in decision-making between different groups of professionals (Britner & Mossler, 2002;Fleming, Biggart, & Beckett, 2015;Summers, Gatowski, & Dobbin, 2012). For example, a previous study revealed differences between social workers and judges with respect to the information they used to determine whether an out-of-home placement would be necessary: Social workers focused more on the severity of the abuse and the outcome of previous care than judges, who focused more on the likelihood that child maltreatment would reoccur and whether the child would be able to recount being abused (Britner & Mossler, 2002).…”