See discussions, stats, and author profiles for this publication at: http://www.researchgate.net/publication/281115565 Invisible children? Professional bricolage in child protection RESEARCH · AUGUST 2015 2 AUTHORS: Lars Alberth Leibniz Universität Hannover 10 PUBLICATIONS 0 CITATIONS SEE PROFILE Doris Bühler-Niederberger Bergische Universität Wuppertal 28 PUBLICATIONS 23 CITATIONS SEE PROFILE Available from: Lars Alberth Retrieved on: 28 August 2015
44
Embed
Invisible children? Professional bricolage in child protection
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Received date: 5 February 2015Revised date: 13 August 2015Accepted date: 13 August 2015
Please cite this article as: Alberth, L. & Buhler-Niederberger, D., Invisible children?Professional bricolage in child protection, Children and Youth Services Review (2015), doi:10.1016/j.childyouth.2015.08.008
This is a PDF file of an unedited manuscript that has been accepted for publication.As a service to our customers we are providing this early version of the manuscript.The manuscript will undergo copyediting, typesetting, and review of the resulting proofbefore it is published in its final form. Please note that during the production processerrors may be discovered which could affect the content, and all legal disclaimers thatapply to the journal pertain.
While the reconstruction of such fatal cases may be seen as an important approach among
others to the quality management in child protection, it cannot be the approach to make valid
judgments on the quality of child protection as a whole, its overall strengths or weaknesses
(Parton, 2014). Firstly, the goal to guarantee the child’s safety in each and every case will
never be realized; the privacy of the family is all in all the most violent realm of society,
1 To mention some examples: Speech of the Education Secretary in UK, the Rt Hon Michael Gove MP,
https://www.gov.uk/government/people/michael-gove; The American Statesman analysis of child fatality reports in 2015: http://projects.statesman.com/news/cps-missed-signs/main.html 2 For a position in between these two stances, see Corby, Shemmings, and Wilkin (2012).
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
4
especially young children becoming victims (Finkelhor, 2008). Secondly, these often
atrocious cases of child abuse and neglect which are discussed to give evidence of child
protection’s “failure” may result from exceptional case constellations.
However, there are quite some studies analyzing and criticizing processes of child protection
beyond dramatic cases and based on a larger data basis. They give evidence of systematic
biases in decisions of child protection agencies, compromising the quality of child protection.
These studies focus on the process of substantiation of reported cases. They show that most of
the cases reported to child protection agencies do not become registered at all. Such
calculations are only possible for US, Canada, Australia, and England, as these are the only
countries where the necessary data are collected systematically. Only about twenty percent of
referred cases are substantiated and this percentage is even smaller in England (Creighton,
2004; English & the Longscan Investigators, 1997; Gilbert et al., 2009). Often, such decisions
to discharge referrals – which in about fifty percent are made by other professionals – or to
end child protection measures turn out to be fatal. Jonson-Reid, Chance, and Drake (2007) in
a longitudinal study of children who were reported to child protection agencies found a
mortality rate which was twice as high as for a control group of not referred children living in
comparable social circumstances. The median time between first referral and death was only
nine months, however, only a very small number of children who deceased had still been
under the control of the agency or even benefitting from a child protection measure at the time
of death. Using information from 4,515 children from a national probability study of children
investigated for maltreatment, Cross and Casanueva (2009) analyzed the process of
substantiation more thoroughly. In almost ten percent of the cases there was no substantiation
despite caseworkers’ judgement that there was middle or severe harm and risk given in this
case. The study concludes that substantiation is a ‘flawed measure’ of child maltreatment and
needs a “fresh appraisal by state child welfare service agencies” (p. 38).
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
5
Taken together, the studies mentioned above give evidence, that decisions in child protection
exclude too many reported cases from protective measures. This insight – if interpreted in
isolation – might simply be attributed to a shortage of resources and therefore correspond
partly to the critique from within. But, there is some evidence for a second bias: The
substantiation process is influenced by considerations other than the judgements of risk and
harm to which the child is exposed. Several studies shed light onto something which might be
called a “proper family-bias”, a stronger importance given to a well-functioning family than
to the sufferings of the child in assessing and handling the case.
King and Scott (2014) found that cases of child maltreatment reported by school professionals
are much less often substantiated in the subsequent investigation of child protective services
than cases reported by other professionals. However, the cases the schools reported were
severe, but contained more child risk factors (e.g., child emotional and behavioral problems)
and fewer caregiver and family risk factors than the cases reported by other professionals.
Corby (2003) re-analyzed case histories in UK and found that in about ten percent of cases
there had been too much concentration for too long a time on giving help to the family instead
of using authority to protect the child, what would have been indicated in certain cases. His
judgment was validated by negative outcomes in these cases; meanwhile a premature
authoritarian intervention was extremely rare. Holland (2001) found a minimal range of child
related documentation in British assessment centers, mostly copying standard textbook
phrases compared to a rich and lively vocabulary on the parents. This does not change, even if
practitioners commit to learning about children’s lives: the vocabulary in which the child is
displayed then turns to rather negative aspects of children’s identities (Thomas & Holland,
2010). Several ethnographic studies from Finland reported a minor role of children in child
protection practices (Forsberg, 1998), and a lack of documentation (Törrönen & Mäenpää,
1995). Pösö (2001) found that the problems of children were constantly framed as deviancy
by the Finnish welfare state, taking to the concept of the child as a trouble maker or
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
6
‘rebellious child’ (Best, 1994). Another evidence of the family as the key object of concern is
given by Eriksson and Näsman (2008). They found in interviews with children who had
participated in family law proceedings on parental custody that they were actively persuaded
by the professionals to keep in contact with the violent father, even if the child declared to
feel sick after meeting him.
Several studies of mostly North American origin offer evidence that professional practices are
influenced by the everyday knowledge the professional shares with any member of society,
and in this way the “folk concept” of a “proper family” is intertwined with categories of
stigmatization, mainly race and class. Jenny, Hymel, Ritzen, Reinert, and Hay (1999) found in
an analysis of hospital files that about one third of cases of head trauma were mistakenly not
diagnosed as due to maltreatment. Missed cases were significantly more frequent in the group
of white children from two-parent families. Wood et al. (2010) conducted a study in 39
hospitals where they analyzed the data of infants who were admitted from 2004 to 2008. They
found considerable biases in the evaluation for abusive head trauma eliciting concern for
over-evaluation in some infants (black or publicly insured/uninsured) or under-evaluation in
others (white or privately insured). Biases of race and class were found in many studies and
several countries (Benbenishty et al., 2014; Drake, Lee, & Jonson-Reid, 2009; Gelles, 1996;
Lau et al., 2006; McRoy, 2002; Rhee, Chang, Weavere, & Wong, 2008, Roberts, 2003; van
Krieken, 2010).
For Germany there is no data available giving insight into the substantiation process and its
biases. Until 2012, there was not even a national statistic on cases existing. But, very much
like in other countries, German social services had been under attack for providing ineffective
work and this was due to fatal cases: young children coming to death due to maltreatment and
neglect although the family had been under close supervision of child protection services.
Among others, the death of two year old boy “Kevin” in Bremen revealed a tremendous
imbalance between the administrative efforts and protective outcomes (Büchner, 2011).
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
7
Media presented a series of fatal cases, in which social services were unable to prevent the
worst. Several political consequences were found. They mainly consisted of involving new
professional groups more strongly into the child protection processes. This article on child
protection in Germany is based on an empirical study of how these different professional
groups routinely perform in cases of (suspected) child neglect or maltreatment, of how their
work is coordinated and in how far this assemblage of different professional programs might
cope with the biases of child protection processes.
2. Child protection in Germany – history and recent revisions
To contextualize the empirical study, we will provide a short historical development of the
child protection system in Germany, which is embedded in the German welfare system, as
well as recent political and legal developments.
2.1 Rise and dominance of social work – from parents as offenders to parents as clients
Historically, public child protection in Germany is closely tied to welfare services delivered to
poor families and by that a form of policing and normalizing families. From 1922 on, the task
to exercise the state’s control on families which were considered improper and therefore
offending the social order (Müller, 2013) was delegated to the “Jugendamt” (youth welfare
office). The main rationale of interventions was to discipline families in order to prevent
young people from showing deviant behavior in public, such as drinking, loitering, smoking,
violence or theft. There was a clear focus on social order: to generate self-reliant, future
oriented and morally responsible and productive citizens (Donzelot, 1979; Kessl, 2005).
To achieve these goals, the youth welfare office started to incorporate social workers as
assisting workforce (Sachße, 2002). Their number was steadily rising. Recent statistics on the
professional composition of the workforce employed in Germany’s 658 youth welfare offices
give evidence on that: out of the 34,797 pedagogical and administrative staffers counted on
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
8
December 31st, 2010, 18,651 employees held a university degree in social work or social
pedagogy, while the second largest group, clerks of public administration comprised 4,117
persons (Statistisches Bundesamt, 2012). Although psychologists, members of several
therapeutic occupations, attorneys and even two physicians can be found on the youth welfare
offices’ rosters, social work has managed to establish itself as the dominant profession at the
center of this organization.
And it is the youth welfare office, where the different threads of public responses to child
abuse and neglect come together: it is the social workers who record allegations of abuse and
neglect, manage and carry out risk assessments and protective responses, decide on and
supervise services (usually carried out by further public and private organizations), prepare
court hearings on parental rights, and hold the general steering function and responsibility for
case management as laid down in Book VIII of the German Social Code (SGB VIII).
Establishing the youth welfare office as child protection’s central body of authority and social
work as its dominant profession may be seen as the latter’s main success.
This success is reflected in the law. In the late 19th
and early 20th
century law allowed the
punishment of parents when a child was “neglected” or visibly maltreated, it assumed a clear
perpetrator-victim-constellation. Katz and Hetherington (2006) call this a (dualistic) child-
focused model (see Richter, 2011). The newer model of social work turned towards a client-,
hence adult-centered model, in which services to and preservation of families became of
utmost concern for the social workers. From 1980 on, § 1666 of the German Civil Code
(Bürgerliches Gesetzbuch, BGB) highlights the parents’ responsibility to avert dangers to the
child’s weal, subsuming parental violence under the notion of the parents’ inability or missing
will to protect their children from harm, which are now the legitimate reasons for
interventions in cases of child maltreatment and neglect. In its current version, §1666 I BGB
states: “If the physical or mental weal or the wealth of the child is threatened, and the parents
are unwilling or unable to avert such threat, the family court has to take the measures
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
9
necessary to avert the threat” (Deutscher Bundestag, 2008, p. 1188). In this legal definition, it
is assumed that child abuse and neglect are rather omissions than commissions.
2.2 Involvement of pediatricians and midwives: recent political revisions
Parallel and in response to the reported public debates on the efficiency of the German child
protection system, legal responses started to regulate the professional responsibilities in two
ways: Firstly, already established professions delivering services according to Book VIII of
the Social Code (e.g., social workers, kindergarten teachers, and pedagogues) faced specific
rules for proceeding suspicions of abuse and neglect. And secondly, further professions were
included for diagnostic purposes and low-threshold services. In effect, this led to a stronger
involvement of pediatricians and midwives.
In 2005, the new §8a of the Book VIII of the Social Code established a mandatory
two-man-rule for both social workers at the youth welfare office and further social
services when confronted with a case of suspected maltreatment and neglect. Now,
every case has to be scrutinized by at least two professionals. The same paragraph also
obliged kindergarten teachers, social workers at centers for counseling and school
teachers to seek counsel with an external expert before reporting any suspicions
directly to the youth welfare office (Deutscher Bundestag, 2005, p. 3134).
Since the discovery of the child-battered syndrome in the 1960s, pediatricians have
been consulted to identify physical and sexual abuse. But there is neither a mandatory
reporting for pediatricians nor any involvement beyond diagnostics. However, a law
from 2012 (Deutscher Bundestag, 2011, p. 2975) loosened the doctor-patient-
confidentiality for suspicions of abuse and neglect, which is considered to ease
probable conflicts of conscience (Bundesärztekammer, n.d.). Also, efforts were made
to use the pediatricians’ developmental screenings to systematically detect further
incidences of maltreatment and neglect. Such screenings are due to fixed dates in the
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
10
child’s growth and are financed by public health insurances. Since 2005, 12 of the 14
federal states (the so-called “Bundesländer”) oblige pediatricians to report every single
screening to a control agency, which is often the public health department. If families
recurrently fail to meet their appointments, they will be reported to the local youth
welfare office. In this way, the involvement of pediatricians may be considered an
indirect reporting system.
The very same law from 2012 sought to strengthen a multi-professional approach.
Following the buzzword of “early intervention” – and building on already running
programs –, new “early intervention networks” are established as well as provided
with a regular funding of 51 million Euro p.a. from 2015 onwards. Central to this new
approach are midwives, who already became valorized as a professional group in child
protection. Equipped with a new extended vocational training, midwives are now paid
for up to one year after the child’s birth (instead of eight weeks) to accompany very
young mothers or mothers in “multi-problematic” families. However, this
occupational group is tied to the youth welfare office which decides on the midwives’
installment. Even if a midwife suspects maltreatment or neglect, she has no power to
intervene, but instead reports her suspicion to her principal: the youth welfare office.
The recent legal developments aimed at a multi-professional restructuring of the child
protection system in Germany with a new weight given to medical professions. However,
these revisions refrained from touching the central position of the youth welfare office and its
social workers, even with the introduction of the two-man-principle.
3. Empirical study on child protection in Germany
3.1 Study questions and theoretical base
Our study raises the question how the child protection system in Germany works after these
revisions. What are the approaches of the members of different professional groups now being
involved in child protection, that is, social workers, pediatricians, and midwives, how are
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
11
these approaches integrated and what about (remaining) biases and blind spots due to which
some children might be insufficiently protected?
The theoretical framework for our empirical study takes the specific situation in Germany into
account, which may be characterized as a weakly coordinated addition of occupational
groups. A theory of professions is indicated, giving weight to the specific ways in which
occupational groups define the social world. We refer to the interactionist tradition of the
sociology of professions. In the sociological approach of symbolic interactionism actors give
meaning to objects, to processes, and to themselves and such interpretations are orienting and
re-orienting interactions. The concepts of “mandate” and “licence”, which Hughes (1958)
developed for the sociology of professions, were coined in this theoretical perspective.
Mandate refers to the members’ shared definition of “proper conduct” towards a problem at
hand and in general: the mandate determines what to do and how to do it (Hughes, 1958, p.
78). The mandate is, therefore, the self-perception of the members and it may be publicly and
legally recognized to different degrees. Such recognition is not simply grounded in a
superiority of the occupational group or an effective technology – and by no means
automatically results from such superiority. It is rather grounded in a successful professional
project, a skillful or solitary appearance on a “market” of occupational groups, where they
acquire a licence, a monopoly to solve a problem by delivering their services, acknowledged
by political elites and employers (Hughes, 1971; Johnson, 1972; Larson, 1977).
Furthermore, an interpretative perspective towards professions makes aware that professional
groups do not just process social problems as they are defined by public opinion, by
politicians or even by law. They actually define social problems they gained responsibility for
or for which they claim responsibility (Blumer, 1971; Spector & Kitsuse, 1973): they can
make the public aware of the existence of a problem in the first place (e.g., the battered-child
syndrome by the pediatric radiologist Henry Kempe in 1962, see Pfohl (1977)), but it
generally implies that they apply patterns of interpretation specific to their occupation.
ACC
EPTE
D M
ANU
SCR
IPT
ACCEPTED MANUSCRIPT
12
While professionals apply these patterns on the level of their everyday work they engage in
social problems work (Holstein & Miller, 2003). This includes the ascription of a client status
to persons (Hall, Juhili, Parton, & Pösö, 2003), whose problems have to be identified
individually and sorted along existing categories at the discretion of the professional in street-
level bureaucracies (Lipsky, 1980). However, street level determination of the actual clients
and their needs may range considerably – for child protection, this may either be the child,
one or both parents, or the family (Vesneski, 2009) – and may be deeply grounded in the
everyday routines and the professional’s belief of who is worthy of services to be delivered
(Maynard-Moody & Musheno, 2003). Križ and Skivenez (2014) found that practitioners adapt
selectively to the normative aims of their national child welfare systems, for example,
preferring family reunification over stable foster home placement when aiming at stability and
Marinetto (2011) argues that this might also lead to child protection failures.
All these case-by-case definitions and hence decisions are closely tied to the profession’s
mandate as it may even be officially declared. But, we have to be mindful that a professional
group is not a monolithic block. Some of its members are on an academic level, doing
research and teaching, and some are doing the front-line case work, with many graduations in
between. Similar to Lipsky’s organizational concept of street-level bureaucracy, but better
fitting into a consistent framework of an interactionist theory of professions, Freidson’s
concept of “transformation of knowledge” (1986) takes such differences into account.
Freidson shows, that the knowledge as produced by academic professionals regularly
undergoes a further transformation when handed down to and applied by practitioners of the
same profession. In general, this transformation of knowledge caters to the employers,
administration, political elites, but to everyday exigencies of the practitioner as well. The
problem of knowledge transformation lies at the heart of debates on the knowledge base of