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Minnesota Center Against Violence and Abuse

SW 5483: Child abuse prevention III Skill building I: Cultural and legal issues

Monica Bogucki, BSW, JD and Alice O. Lynch

Publication Date: Fall Semester 2001


Table of Contents


Contact Information

Instructor: Monica Bogucki, BSW, JD
Phone: Work phone:(612) 827-3774 Home phone:(612) 724-9248 Fax Number: (612) 827-7890
Office: Legal Aid Society of Minneapolis
2929 4th Ave.S. Minneapolis, MN 55408
Email: mbogucki@midmnlegal.org
Class: Wednesdays, 5:10pm-8:00pm in 155 Peters Hall
Office Hours: Available before or after class period and also by appointment

Instructor: Alice O. Lynch
Phone: Work phone:(612)521-2986 Home phone:(612) 521-5012 Fax number:(612)529-6745
Office: BIHA Women in Action 122 W Franklin Ave. Suite Minneapolis, MN 55404
Email: aolynch@biha.org
Class: Wednesdays, 5:10pm-8:00pm in 155 Peters Hall
Office Hours: Available before or after class period and also by appointment

Teaching assistant: Cara Presley
Phone: Work phone:(612) 624-8796
Email: cpresley@che.umn.edu
CAPS office: 140 Peters Hall
1404 Gortner Ave
St Paul, MN 55108
(612) 624-0721

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Course description

This course is a comprehensive, systemic examination of the legal and cultural issues involving child abuse and neglect. The course considers current legal and judicial policies to protect children from violence and abuse and the legal system's potential to prevent this widespread phenomenon. The course also focuses on the child protection system and the judicial system's effect on families of color.

Course objectives and outcomes

In this course the students will:

  1. Identify issues in the legal and child protection system which interfere with the prevention of child abuse and neglect.
  2. Develop critical thinking in addressing issues in the legal and child protection system which interfere with the prevention of child abuse and neglect.
  3. Develop skills in problem solving legal, social work and ethical issues with a focus on the prevention of child abuse and neglect.
  4. Learn about family dynamics in other cultural groups.
  5. Learn methods of self-analysis of self evaluation.
  6. Learn how to make appropriate judgements about intervention and prevention within cultural groups.
  7. Learn impact of violence on children in communities of color.
  8. Understand macro and micro levels in cross cultural practice with other cultural groups.
  9. Learn to recognize and utilize natural support systems within each cultural group.

Reading assignments All of the following reading materials are required readings.
Textbook in bookstore
Sagatun, I. and Edwards, L. Child abuse and the legal system.: Nelson-Hall Publishers.

Reading packet in bookstore - Professor Monica Bogucki:
Fetal alcohol syndrome and fetal alcohol effect: Guidelines of care for children with special health care needs. [Brochure].

Feller, J., Davidson, H., Hardin, M. and Horowitz, R. (1992). Working with the courts in child protection. National Center on Child Abuse and Neglect, U.S. Dept. of Health and Human Services, Administration for Children and Families.

DePanfilis, D. and Salus, M. (1992). A coordinated response to child abuse and neglect: A basic manual. National Center on Child Abuse and Neglect. U.S. Dept. of Health and Human Services, Administration for Children and Families.

The following are suggested but not required readings and are on reserve at Wilson library:
Minnesota supreme court foster care and adoption task force, final report. (January 1997).

Hanson, L. Kinship caregiver's manual. Minneapolis, MN: Legal Aid Society of Minneapolis; Dept. of Human Services.

Grading

Grades will be determined as follows:

Four papers @ 22.5% each = 90%
Class Participation and Attendance = 10%
Total = 100%

Grading Scale

  1. 93-100 . . .A
  2. 90-92. . . .A-
  3. 87-89. . . .B+
  4. 83-86. . . .B
  5. 80-82. . . .B-
  6. 77-79. . . .C+
  7. 73-76. . . .C
  8. 70-72. . . .C-
  9. 67-69. . . .D+
  10. 63-66. . . .D

About grades: The grade of A denotes superior performance that is both consistent and outstanding. This student demonstrates an ability to master the key course concepts and critically analyze the prevention implications; the grade B denotes good, steady adequate performance with excellent understanding of key concepts and implications for prevention; the grade C denotes a performance that is acceptable but likely inadequate to continue to next course; the grade of D denotes unacceptable work and student will not be able to complete the next course; the grade F denotes failure, an unacceptable performance and inability to demonstrate understanding of the material; P denotes a grade of A-C.

Students may be able to access grades by going to the OneStop website: http://onestop.umn.edu You will need to have your X500 Login and Password to gain access to the records. Click Grades under Advising and Academic Services, then follow the directions on screen. Otherwise, you may call the CAPS office for your grade (612) 624-0721. Grades will be sent if student provides stamped, self-addressed envelope at the last class.

Criteria: The criteria for doing these assignments are generally those of any Graduate level course. Organization, clarity of ideas, ideas supported by data, creativity and evidence of an ability to apply course learning are some of the criteria for grading.

Submission of work, which is not one's own, will result automatically in no credit for the course.

School policies School of social work scent policy: Some persons employed or studying in the School of Social Work report sensitivities to various chemical-based or scented products. We ask for everyone's cooperation in our efforts to accommodate their health concerns. For more information contact the Director of Graduate Studies at (612) 624-3779.

Policy on Disabilities:Students who have disabilities which affect their participation in the course may notify the instructor if they wish to have any special accommodations considered in the instructional or examination format. Also, the University of Minnesota has a Disabilities Service Office at (612) 624-8281.

Policy on use of student papers:At times, the instructor may ask students for a copy of their paper to use as a sample paper for students in future classes. If asked, students have the right to decline without fear of reprisal. They will be asked to sign a form indicating that they have freely given the instructor permission to use their paper as a sample.

Class participation:Students are expected to participate actively in class discussions, drawing upon readings, assignments, etc. Informed participation necessitates that you complete required readings before class so that you can use class sessions to link your learning from readings, assignments and experiences. You are expected to listen to the ideas and views of others, which will sometimes include learning to understand and appreciate viewpoints and experiences which are very different from your own. You are also expected to articulate your own viewpoints in a clear and respectful fashion so your peers may have the benefit of your perspectives.

Late assignments:Late assignments will not be accepted except under the most extreme circumstances, and then only with the prior approval of the professor. Points will be deducted from total earned points on late assignments. Incomplete grades will not be considered in this course except in the most extreme circumstances. If circumstances do arise which prevent a student from completing the requirements of this course on time, he or she must contact the professor immediately to discuss an appropriate resolution of the situation. Pursuant to School of Social Work policy, the student must develop a contract with the instructor that will describe the work, which remains to be completed, and the date by which the work must be submitted to the instructor. A copy of the incomplete contract can be found in the M.S.W. Student Handbook. Copies of the contract are to be filed with the Director of Graduate Studies. In addition, you are to be advised that incomplete course grades will be converted to an F grade if not completed within two semesters or 9 months, including summer, after receiving the incomplete.

Philosophy

This class will operate with the following values:

Written papers (4 Total) (each 18% of grade)

A. Child maltreatment and the law (1 paper)

For this written paper, the student or professor will identify a problem in the child protection system, court system or other law related to child maltreatment. The student will then analyze that problem in the following framework:

Identify problem or issue in child protection system, court system or other law related to child maltreatment.

  1. Find current law on the topic
  2. Find current research and studies on the topic
  3. Propose changes that would improve on 1 or more of the following:
  1. Discuss advantages and disadvantages of current law
  2. Discuss advantages and disadvantages of proposed changes
  3. Conclusion

Each paper should address each of the above listed categories. The paper should be double-spaced and be a maximum of ten (10) pages plus references.

The student can decide which format to use.

Ethno-cultural heritage and theories papers (3)

Paper #1 - Students must explore their own cultural heritage which includes the following:

  1. Exploring its main features and how if affects your values;
  2. Their world view and how such a world view influences your behavior

Paper #2 - Students must explore an ethnic group within communities of color and include the following:

  1. Exploring their main features and how if affects their values;
  2. Their world view and how such a world view influences their behavior

Both of these papers require interviews with family members (Paper #1), interviews with individuals from the ethnic group selected (attempt to interview other members from the same family in order to get a well rounded perspective; this is done to determine cultural history, attitude and behavior), and library research about the particular culture you have chosen. Both papers should contain citations, which must be listed in a Bibliography.

Paper #3 - Students will compare their own heritage to that of the selected ethnic group and identify the values and views that may or may not create conflicts when providing services to communities of color.

Each paper should be five to ten (5-10) pages, typed and double-spaced.

Please make copies of all papers since they may be needed for your next assignment before they are graded.

We will be available to provide feedback and guidance on your papers. We can set up conferences to discuss your papers. At the conferences we can discuss possible topics, sources, resources, and other necessary topics to help you in completing your paper. You can consult with other students regarding your projects. However, each student should turn in her/his own written paper.

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Course schedule

Introduction:The instructor may vary the course content and reading assignments to accommodate class discussion and address the students' needs. The following is a guide:

Class 1: September 5, 2001

Speaker: Stephen Schaefer

Cultural competence self evaluation
Risk factors and protective factors within African American, Native American, Asian American and Hispanic families and communities

Class 2: September 12, 2001

Overview of the course
Overview of the court system
Introduction to juvenile law
Hearing process
Appeal process
Alternatives to juvenile court
a.) Restorative justice and family Circles
History of oppression
Statistics: children of color in the system

Readings: Textbooks:
Sagatun, I. and Edwards, L. (). Child abuse and the legal system. (pp. 65-88; pp. 139-153). Nelson-Hall Publishers.

Readings: Student Packets
Nusbaum-Feller, J., Davidson, H.A., Hardin, M. and Horowitz, R.M. (1992). Working with the courts in child protection (pp. 11-21). U.S. Department of Health and Human Services Administration for Children and Families: Administration on Children, Youth and Families.

Mentzos, J. (1992, March/April). Multicultural work: Misguided movement, or movement misnamed. Colors, 10-13.

Mentzos, J. (1994, September/October). Hypocrisy at the heart. Colors, 14-17.

Cross, T. L. (1998, Fall). Services to minority populations, cultural competence continuum. Focal Point, 3 (1), 3-7.

Class 3: September 19, 2001

Decision to intervene
Intervention
Process for county to take custody of children
Different paths to services
Types of abuse and neglect covered
Assessment tools
Different models for child protection intervention
Bases for CHIPS
Cultural and ethnic views regarding judicial and legal intervention

Readings:
Sagatun, I. and Edwards, L. (). Child abuse and the legal system. Pp. 35-64. Nelson-Hall Publishers

Wayman, Richard and Bogucki, Monica. (August 2000). Mandated services and protections for homeless youth under federal and Minnesota law: This much I know is true.

(1998, June). Southern Hennepin regional planning services; Proposal model for community based services. (Class Handout)

Minnesota statute section 260C.007. (Class Handout)

Exercise - Small groups. (Class Handout)

Class 4: September 26, 2001

First heritage theories paper due

Speaker: Barbara Rogers, Sexual Violence Center, Violence Coordinator
Working with African American Families

Cross cultural communication
Cultural diversity
Power
Values
Pre-judgements
Traditional and nontraditional counseling
The culturally emancipated counselor
Time out for groups to meet

Speaker: Stephen Schafer: Leveling the Playing Field: How to Manage Diversity

Readings from Student Packet:
Iglehart, Alfreda P. and Becerra, Rosina M. (1995). Social services and the ethnic community: (Chapter 2, pps. 16-49). Needham Heights, MA: Simon and Schuster.

Schaefer, Stephen. Leveling the Playing Field: How to Manage Diversity. (Class Handout)

LaRue, Allen and Majidi-Abi. (1989). Black american children. In Shayda, Taylor-Gibbs, Jewelle. (1st Ed.), Children of Color: Psychological interventions with minority youth. (pps. 148-178). San Francisco, CA: Jossey-Bass.

Elsie M.J. Smith. (1985). Counseling black women. In Pederson, Paul (Ed). Handbook of cross cultural counseling and therapy (pp. 181-187). New York, NY: Praeger.

Jones, Enrico E. (1985). Psychotherapy and counseling with black clients. In Paul Pedersen (Ed.) Handbook of cross cultural counseling and therapy (pp. 173-179). New York, NY: Praeger.

Daly, Alfrieda, Jennings, Jeanette, Beckett, Joyce O. and Leashore, Bogart R. (1996). Effective coping strategies of African Americans. In Pataricia L Ewalt, Edith M. Freeman, Stuart A. Kirk, andDennis L. Poole (Eds.), Multicultural issues in social work. Chapter 12, pps. 189-200). United States of America.

Class 5: October 3, 2001

Issues in child protection
Definitions of abuse and neglect
Parents' rights
Children's rights
Role of the: lawyer, judge, child protection worker, child protection agency, guardian ad litem and the parties
Mandatory reporting requirements
Licensing rules and professional responsibility Rules
Issues for communities of color
Data and statistics of child maltreatment within various cultural and ethnic groups

Readings:
Sagatun, I. and Edwards, L. ( ). Child abuse and the legal system (pp. 35-64). Nelson-Hall Publishers.

Lipsky, S. Internalized Oppression (Class Handout)

The Cage of Oppression (Class Handout)

A coordinated response to child abuse and neglect: A basic manual. (pp. 1-9; 17-21; 31-38)

Children in need of protection and services: Minnesota statutes sections 260C et. seq

Minnesota statutes sections 626, et. seq

Child in need of protection or services petition

Issues affecting homeless youth

Open hearings

More to be assigned.

Class 6: October 10, 2000

Second heritage theories paper due

Speaker: To be Assigned

Understanding violence in communities of color
Overview of Native American community

Readings from Student Packet:
Barnes, Arnold and Ephross, Paul H. (1996). The impact of hate violence on victims: Emotional and behavioral responses to attacks. In Patricia L. Ewalt, Edith M. Freeman, Stuart A. Kirk, and Dennis L. Poole. Multicultural issues in social work. (Chapter 12, pps. 153-161).

Attneave, Carolyn L. (1987). Practical counseling with american indian and alaska native clients. In Paul Pedersen (Ed), Handbook of cross cultural counseling and therapy (pp.135-140). Westport Conneticut: Greenwood Press.

Trimble, Joseph E. and LaFromboise, Teresa. (1987). American and the counseling process: Culture, adaptation and style. In Paul Pedersen (Ed), Handbook of cross cultural counseling and therapy (pp.127-133). Westport Conneticut: Greenwood Press.

Class 7: October 17, 2001

Decision to intervene-cont'd
Traditional options for children who are abused and neglected
Nontraditional options
Assessment and investigation-ways to improve
State vs. county funded system
Federal funds
Dispositions
Case plans
Concurrent planning
Permanency planning

Readings:
(1998, January). Child protective services, program evaluation division, office of the Legislative auditor. State of Minnesota. (Class Handout)

Grimm, B. Youth law news (Nov./Dec. 1997). Minnesota statute section 260.191: Adoption and safe families act brings big changes in child welfare, (pp 1-6)

Exercise - Small groups. (Class Handout)

Minnesota statutes sections 518B., et. seq

Order for protection

Emancipation letter

(2000, July) Overview of the New ASFA regulations: Part II, Center on children and the law. (Vol. 4, Issue 2).

(1996, September) Hanson, Laurie and Opsahl, Irene. Clearinghouse review. Kinship caregiving: Law and policy. (pp 488-501)

(2001 May) Child law practice. Reasonable efforts to finalize a permanency plan for reunification. (Vol. 20, No. 3)

(2001 April) Child law practice. Reasonable efforts under ASFA: The judge's role in determining the permanency plan. (Vol. 20, No. 2)

Class 8: October 24, 2001

Substance abuse during pregnancy
Fetal alcohol syndrome and fetal alcohol exposure
Early intervention
Civil process
Criminal process
Model projects

Financial implications of permanency planning
Impact on communities of color: to be assigned
Handouts
Legal complexities of fetal alcohol syndrome
FAS - communities of color

Readings:
Fetal alcohol syndrome and fetal alcohol effect: Guidelines of care for children with special health care needs. (Brochure)

Sandt, Claire. (1997, April). Interdisciplinary exchange: Understanding fetal alcohol syndrome, a conversation with Dr. Arbata Morse. American Bar Association, from: Child Law ractice, 16 (2), 1, 18, 22, 23.

Pearson, Jessica and Thoennes, Nancy (1997, Fall) What happens to pregnant substance abusers and their babies. National Council on Juvenile and Family Court Judges from: Juvenile and Family Court Journal, 47, (2), 15-28.

The preventable tragedy of fetal alcohol syndrome: Suffer the children.

Class 9: October 31, 2001

Speaker: Rochelle Mercado, Community Organizer; Volunteer, BIHA
Working within the Hispanic Community

Understanding institutional racism
Working with the Hispanic community
Time Out for groups to meet

Readings from Student Packet:
Lee, Courtland C. and Richardson, Bernard L. (Ed.) (1991) Multicultural Issues in Counseling: New Approaches to Diversity. (Chapter 11) (pp. 111-156) and (Chapter 12). (pp. 157-168).

Knowles, Louis L. and Prewitt, Kenneth. (1969). Institutional Racism in America. (Chapter 1). (pp. 1-14)

Class 10: November 7, 2001

Third heritage theories paper due

Speaker: Paeying Lyfong, Executive Director, Asian Women United
Understanding the Asian American community

Working with Asian Americans
Cultural diversity within the work place

Readings from Student Packet:
Ponterotto, Joseph G., Casas, J. Manuel, Suzuki, Lisa A. and Alexander, Charlene J. (Eds.) Handbook of Multicultural Counseling. (Chapter 27) (pp. 549-566).

Class 11: November 14, 2001

Written paper on child maltreatment and the law due

Accountability cont'd
Effective case plans-Offering services that are effective methods for making change
Permanency planning
Critical issues in permanency planning
Balancing children's rights with parents' rights
Preventing revictimization of children
Long term foster care
Relative foster care
Transfer of legal custody
Termination of parental rights
Subsidized adoption
Improving cultural competency
New federal legislation

Readings:
Ratterman-Baker, Debra (1993, Summer/Fall). Permanency planning hearing. Children's Legal Rights Journal, 14. 11.

Ratterman-Baker, Debra. (1997, Fall). On the horizon: Kinship care and permanency planning. ABA Center on Children and the Law from: Children's Legal Rights Journal. 32-34.

Beeman, S. and Boisen, L. (1997, April). When foster parents are kin. CURA Reporter, 27 (1), 11-16.

Grimm, B. (1997, November/December). Adoption and safe families act brings big changes in child welfare. Youth Law News, XVII, (6), 1-6.

Class 12: November 21, 2001

The effect of poverty on child maltreatment
Poverty law and policy affecting child protection
Poverty law and policy affecting child protection in communities of color
Temporary assistance for needy families
Minnesota family investment program-statewide
Supplemental security income
General assistance
Food stamps
Child support collection and enforcement
Welfare system effects on families of color
Time limits-effects on families and communities of color

Readings:
Handouts to be provided in class.

J. Hopfensperger. (1998, June 14). More homeless, less hope. Metro/State: Star Tribune. (pp. B1 and B6).

Guide to public assistance program in Minnesota.

Class 13: November 28, 2001

Speaker: Laurie Hanson, Staff Attorney, Legal Aid Society of Minneapolis
a.) Relative caregivers
b.) Issues for seniors or elders
c.) Issues for communities of color

Continue discussion on substance abuse during pregnancy
Accountability-open hearings
Open hearing impact on communities of color

Readings:
Walsh, J. (1998, June 21). Open juvenile court raises concern. Metro/State: Star Tribune, pp. B1, B4.

Walsh, J. (1998, June 16). Open courts create positive change for kids. Star Tribune, pp. A1, A10.

Walsh, J. (1998, June 15). Pilot project will let public see struggles of child protection. Star Tribune. A1, A8.

Snow, M. (1998, June 15). The economy's up, but society's valuation of children is down. Marian Wright Edelman, their formidable champion, sees a crisis on the horizon. News with a view: Star Tribune. A9.

Class 14: December 5, 2001

Group presentations

Class 15: December 12, 2001

Group presentations

Bibliography

Internet and organizational resource references:

American Humane Association (Children's Division)
http://www.americanhumane.org
63 Inverness Dr. E
Englewood, Colorado 80112-5117
Tel: 303-792-9900

American Professional Society on the Abuse of Children (APSA)
http://www.apsac.org
407 S. Dearborn St. Suite 1300
Chicago, Illinois 60605
Tel: 312-554-0166
Fax: 312-554-0919

Child Abuse Prevention Network
http://child.cornell.edu

Child Welfare League of America
http://www.cwla.org
440 First St. NW 3rd Floor
Washington, DC 20001-2085
Tel: 202-638-2952
Fax: 202-638-4004

Children's Defense Fund

http://www.childrensdefense.org
State Headquarters
550 Rice St. Suite 205
St Paul, Minnesota 55103
Tel: 615-227-6121
Fax: 651-227-2553

National Headquarters
25 E St. NW
Washington, DC 20001
Tel: 202-628-8787

David and Lucile Packard Foundation
Center for the Future of Children
http://www.futureofchildren.com
300 2nd St. Suite 102
Los Altos, California 94022
Tel: 650-948-7658

Kempe Childrens Center
http://kempecenter.org
1825 Marion St.
Denver, Colorado 80218
Tel: 303-864-5252
Fax: 303-864-5779

National Center on Child Abuse and Neglect (NCCAN)
Administration on Children, Youth and Families
http://www.calib.com/nccanch
P.O. Box 1182
Washington, D.C. 20013
Tel: 202-205-8586
NCCAN is the home of:
Clearinghouse of Child Abuse and Neglect Information
http://www.calib.com/nccanch
Tel: 703-385-7565 or 800-394-3366

National Committee for Prevention of Child Abuse
http://www.childabuse.org
200 S Michigan Ave. 17th Floor
Chicago, Illinois 60604-4357
Tel: 312-663-3520 or 800-CHILDREN

Search Institute
http://www.Search-Institute.org
700 S 3rd St. Suite 210
Minneapolis, MN 55415-1138
Tel: 612-376-8955 or 800-888-7828

Children Youth and Family Consortium
http://www.cyfc.umn.edu
201 Coffey Hall
1420 Eckles Ave.
St. Paul, Minnesota 55108
Tel: 612-626-1212
Fax: 612-624-5891
e-mail: cyfc@tc.umn.edu

Minnesota Center Against Violence and Abuse
http://www.mincava.umn.edu
105 Peters Hall
1404 Gortner Ave
St. Paul, Minnesota 55108
Tel: 612-624-0721 or 800-646-2282
Fax: 612-625-4288
e-mail: mincava@umn.edu

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The following projects are a part of the Minnesota Center Against Violence and Abuse (MINCAVA):

MINCAVA Electronic Clearinghouse | The Link Research Project | Violence Against Women Online Resources
VAWnet (Applied Research Forum) | Minnesota Rural Project for Women and Child Safety

MINCAVA is directed by Jeffrey L. Edleson, PhD.

File Last Modified: Tue May 25 11:29:23 2004. Copyright © 1995 - 2005 Minnesota Center Against Violence and Abuse