Journal article
Therapeutic Jurisprudence and Preventive Law in Child Welfare Proceedings: A Family Systems Approach
Psychology, Public Policy and Law, Vol.5, pp.951-1173
01 Dec 1999
Abstract
I. Introduction Child welfare law 1 provides a rich context for exploring the application of therapeutic jurisprudence 2 (TJ) and preventive law principles. 3 This area of law touts itself as being informed by substantive knowledge about what is good for children. 4 Tragically, however, current child welfare law and practice is woefully antitherapeutic for children and families, and fails to promote preventive law principles. This gap exists because the law has failed to embrace contemporary mental health theory about what is good for children and families, which may be referred to as a family systems approach . 5 The reasons child welfare law has failed to embrace a family systems approach have historical, social, and political dimensions. One significant factor is that there is not an easy fit between the structure of the U.S. legal system as it relates to child welfare cases and a family systems approach. Current laws and practices tend to focus on individuals and to follow an outmoded psychoanalytic, medical model. Another important factor is that judges and lawyers are uninformed about mental health theories, especially family systems theory, and often act simply on their gut feelings. I begin with an argument supporting the unique potential for TJ and preventive law principles to be applied in the child welfare field. Next, I discuss the gap between current child welfare law and practice and the principles of TJ preventive law and provide examples of how today's system is problematic from this standpoint, both at the ...
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Details
- Title
- Therapeutic Jurisprudence and Preventive Law in Child Welfare Proceedings: A Family Systems Approach
- Creators
- Susan L. BrooksVanderbilt University Law School
- Publication Details
- Psychology, Public Policy and Law, Vol.5, pp.951-1173
- Publisher
- American Psychological Association Psychology, Public Policy and Law
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020547441404721