In the Best Interest of the Child
Anyone considering HLS for whom the allure of law school is sweetened by the promise of never having to endure Science again might be advised to consider the number of fields in which scientific research is altering the way law is administered. Take child advocacy work, for instance. A recent panel of experts including Charles Nelson, the Richard David Scott Chair in Pediatric Developmental Research at Harvard Medical School, and Cindy Lederman, a judge of the Miami/Dade County Juvenile Court joined HLS Professors Charles Ogletree, Martha Minow, and CAP Director Elizabeth Bartholet in exploring the short and long-term effects of toxic stress related to child abuse and neglect, parental substance abuse, maternal depression, and exposure to violence.
To frame the issue, Dr. Nelson provided the clinical background for examining maltreatment and neglect. “Early experiences have a particularly strong influence,” said Nelson, “Timing of abuse, the nature of it, and one’s genetic predisposition can be long-lasting due to fundamental changes in mental circuitry.” To illustrate his point, Nelson explained the findings of the Bucharest Early Intervention Project, a randomized trial of foster care as intervention for social deprivation associated with the institutionalization of nearly 200 children in Romania. “Due to negative experiences as infants, many of the children had stunted growth, anxiety disorders, and reductions in brain activity.” Nelson stressed that we must improve our understanding of the neurobiology of early adversity to improve the court’s understanding of neural plasticity… we must translate science to policy.”
Judge Lederman agreed with Nelson and admitted that the cases she sees involve, by and large, parents unengaged with and apathetic to their babies. “Mothers that come before me are there as a last resort; they don’t understand why their children have been taken away from them,” she explained. “We’re forced to make clinical and mental health decisions all the time. Dealing with the deterioration is not something they teach you in law school.” Judge Lederman insisted that to properly attend to the needs of children jurists must become students of the science of early childhood development.
Presented with the clinical side of child maltreatment, Professors Bartholet and Minow weighed in. “I see two very important policy implications arising from these social science findings,” said Bartholet. “It involves enabling as many parents as possible to be able to nurture and support their kids… and it further involves intervening early and coercively to place abused children under foster care.”
“We know that when the phrase ‘in the best interest of the child’ is uttered with a lawyer in the room that it’s already too late for these kids,” explained Minow. “We’re looking now for the least worst thing that can happen…time matters when you’re talking about kids, and new brain research can help us facilitate their well being.”
Jen
May 22, 2008 @ 4:34 pm
I am extraordinarily fascinated by the impact of parental behavior on children when children’s brains are most malleable – not only when they are younger than two, but again when they are adolescents. I am particularly interested in studying the impact of parental depression on their children. What is the role of a jurist when a parent’s negligence or abuse is the by-product of mental illness? How accountable is the parent for behavior that could be biologically unavoidable?
As I have considered these questions, I often find myself searching for science-related studies. I loved your blog entry because I always had claimed to hate the study of science – but now I can’t get enough of it. How true it is that the study of law often leads to the study of…well, everything!
Thank you for the informative post.
Erin Calkins
May 22, 2008 @ 5:35 pm
Also…does the standard of “neglect” or “abuse” change as the science improves…and if so, are caregivers responsible for being up-to-date on the latest standards of neglect? If not, to what extent will they be held accountable in criminal court? Whether or not they are responsible, is it in the public interest to start an awareness campaign? If so, how many concurring studies will suffice to initiate same?
Aissatou
May 22, 2008 @ 10:38 pm
Ha! Funny enough I had a similar conversation with a business-techie guy on a grey hound bus last night. We were talking about business and technology when I let it slip that I may be interested in exploring the field of intellectual property. His first question? “Oh , do you have an engineering background?”
Me: ~sigh~
Techie- oh it just seems like a lot of those lawyers are certified in one science field or the other
Me: oh that’s interesting- subtext: you don’t know what you are talking about
I guess I was wrong on many levels. Thanks for ruining the allure Toby.
*scrambling to pick up “science” where I left her in High School*