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Children, Social Science, and the Law

An Introduction to ti,e Issues .Bette L. Bottoms, Margaret Bull Kovera, and Bradley D. McAuliff

As noted by Goodman, Emery, and Haugaard (1998), "there are few other areas of law where the courts rely as heavily on social science data' as they do for decisions about children's welfare" (p. 775). The primary goal of C/lildren, Social Science, and ti,e Law is to facilitate that reliance. We believe researchers in this field have an obligation to understand child-relevant law and policy so that they are pre'ra red' to cond uct researeh tha t is usefu I to cou rts, policy rna kers, and pr!,.ctitioners. Legal professionals and practitioners must then understand and use that research. We designed our book specifically to help both groups of professionals meet these critical responsibilities and, in turn, improve children's quality of life under the laws and policies of the United States. Children, Social Science, and ti,e Law broadens the field's conceptualization of the topic "children and the law" in ways not attempted previously, raising consciousness about a wide-ranging set of issues in great need of theoretical, empirical, and legislative attention. Some chapters address the newest research in subfields that fortunately have burgeoned over the last decade (e.g., children's eyewitness testimony, child abuse and neglect). Other chapters are in-depth considerations of novel issues that have received far less attention than they deserve (e.g., the impact of welfare policies on children, law and policy related to gay and lesbian parenting). Many difficult questions are confronted: Are the rights that our nation's laws ascribe to children commensurate with their capabilities and

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.. (1987). Reforming till' law: Impact ofchild development research. New York: Guilford. Melton, G. B., & Barry, F. D. (t994). Protecting cWdren from abuse alld neglect: FOIllldations for a new lIational strategy. New York: Guilford. Patterson, C. J. (1992). Children of lesbian and gay parents. Cllild Development, 63, 1025-1042. Patterson, C. J. (t995). Lesbian mothers, gay fathers, and their children. In A. R. 0' Augelli & C. J. Patterson (Eds.), Lesbiall, gay, alld bisexllal identities across the lifespan: Psyc/wlogical perspectives (pp. 262-290). New York: Oxford University Press. Schwartz-Kenney, B. M., McCauley, M., & Epstein, M. A. (Eds.). (2001). Child abllse: A global view. Westport, CT: Greenwood. United Nations General Assembly (1989, November 17), Adoption of a convention on the rigllts of the child. U.N. Doc. A/Res/44/25. U.S. Advisory Board on Child Abuse and Neglect (t991). Creating caring

comlllllllities: Bllleprillt for an effectil't' federal policy o/r ellI'ld all/lse and neglect. Washington, DC: U.s. Government Printing Office.

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Westcott, H. L, Davies, G. M., & Bull, R. H. C (in press). Children's testimony: A handbook ofI'sycllOlogifal rescarch alld forellsic practice. Chichester, UK: Wiley. Whitebread, C, & Ifeilman, ,. (198B). An overview of the law of juvenile delinquency. Bellallioral Sciences and the Law, 6, 285-3°5.



Children, Social Science, and the Law

PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGB

The Pill Building, Trnmpington Street, Cambridge, United Kingdom CAMBRIDGE UNIVERSITY PRESS

.. The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York, NY 10011-4211, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Ruiz de Alarc6n 13,28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa

Edited by BETTE L. BOTTOMS Ullil1m;i/y of Wi/lOis a/ C"icago

hllp: II www.cambridge.org © Belle L. Bolloms, Margaret Bull Kovera, Bradley D. McAuliff 2002

MARGARET BULL KOVERA Florida Illtema/iollal U"iversity

This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the wrillen permission of Cambridge University Press.

BRADLEY D. McAULIFF Ulliversity of Nebraska-Lillcolll "

. First published 2002 Printed in the United Kingdom at the University Press, Cambridge

Typeface Palatino 10.25/13.5 pt.

Systelll le-TEX 2f: [181

A catalog record for tll;s book ;s ami/ablefrolll fllC 8r;t;sl, Library. Library of Congress Cataloging ill P,/bUcatioll Data Children, social science, and the law I edited by Belle L. Bolloms, Margaret ~ull Kovera, Bradley D. McAuliff. p. cm. Includes bibliographical references and index. ISBN 0-521-66298-2 (hardback) - ISBN 0-521-66406-3 (pbk.) 1. Children - Legal status, laws, etc. - United States. 2. Social case work with children - United States. 3. Child welfare - United States. I. Bolloms, Belle L. 1964II. Kovera, Margaret Bull, 1966-- III. McAuliff, Bradley D., 1971KF3735 .q8 2(Xl2 346.7301'35 - dC21

UCAMBRIDGE

2(X1J041219

ISBN 0 521 6629R 2 hardback ISBN () 521 664063 paperback

. . . UNIVERSITY PRESS

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