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A court file analysis of child protection cases

  • Children's participation in legal proceedings affecting them personally has been gaining importance. So far, a primary research concern has been how children experience their participation in court proceedings. However, little is known about the child's voice itself: Are children able to clearly express their wishes, and if so, what do they say in child protection cases? In this study, we extracted information about children's statements from court file data of 220 child protection cases in Germany. We found 182 children were asked about their wishes. The majority of the statements found came either from reports of the guardians ad litem or from judicial records of the child hearings. Using content analysis, three main aspects of the statements were extracted: wishes concerning main place of residence, wishes about whom to have or not contact with, and children granting decision-making authority to someone else. Children's main focus was on their parents, but others (e.g., relatives and foster care providers) were also mentioned.Children's participation in legal proceedings affecting them personally has been gaining importance. So far, a primary research concern has been how children experience their participation in court proceedings. However, little is known about the child's voice itself: Are children able to clearly express their wishes, and if so, what do they say in child protection cases? In this study, we extracted information about children's statements from court file data of 220 child protection cases in Germany. We found 182 children were asked about their wishes. The majority of the statements found came either from reports of the guardians ad litem or from judicial records of the child hearings. Using content analysis, three main aspects of the statements were extracted: wishes concerning main place of residence, wishes about whom to have or not contact with, and children granting decision-making authority to someone else. Children's main focus was on their parents, but others (e.g., relatives and foster care providers) were also mentioned. Intercoder agreement was substantial. Making sure that child hearings are as informative as possible is in the child's best interest. Therefore, the categories developed herein might help professionals to ask questions more precisely relevant to the child.show moreshow less

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Metadaten
Author details:Nicole KratkyORCiDGND, Michela Schröder-AbéORCiDGND
DOI:https://doi.org/10.1111/cfs.12744
ISSN:1356-7500
ISSN:1365-2206
Title of parent work (English):Child & family social work
Subtitle (English):what do children say?
Publisher:Wiley-Blackwell
Place of publishing:Oxford
Publication type:Article
Language:English
Date of first publication:2020/02/06
Publication year:2020
Release date:2023/03/28
Tag:child; child protection; child's voice; children's participation; court files; family court; welfare
Volume:25
Issue:S1
Number of pages:9
First page:169
Last Page:177
Organizational units:Humanwissenschaftliche Fakultät / Strukturbereich Kognitionswissenschaften / Department Psychologie
DDC classification:3 Sozialwissenschaften / 30 Sozialwissenschaften, Soziologie / 300 Sozialwissenschaften
Peer review:Referiert
Publishing method:Open Access / Hybrid Open-Access
License (German):License LogoCC-BY - Namensnennung 4.0 International
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