Authors: Joseph Goldstein, Albert J. Solnit, Anna Freud, Anna Freud, Sonja Goldstein
ISBN-13: 9780684835464, ISBN-10: 0684835460
Format: Paperback
Publisher: Simon & Schuster Adult Publishing Group
Date Published: February 1998
Edition: Revised and Updated
What principles should guide the courts in deciding the fate of hundreds of thousands of children involved every year in parental divorces and family breakdowns? What should justify state intrusion on the privacy of family relationships? How should professionals - judges, lawyers, social workers, psychiatrists, and psychologists - conduct themselves in pursuing "the best interests" of children who have been abandoned, neglected, or abused? The agonizing dilemmas posed by these three questions were the subject of one of the seminal publishing events in the history of The Free press. The result has been a set of historic guidelines which forms the basis of their landmark trilogy Beyond the Best Interests of the Child, Before the Best Interests of the Child, and In the Best Interests of the Child, published between 1973 and 1986. The authors speak in one voice in concluding that the continuity of care - continuity of a child's relationship with his or her adult caregiver - is a universal essential to the child's well-being. To this end, they stress that minimizing intrusions by the law is paramount to safeguarding the child's growth and development. "The least detrimental alternative" - the authors overarching guideline for assuring the continuity of the psychological parent-child relationship - has been cited in more than a thousand child custody cases since 1973.
This consolidation of a classic trilogy (Beyond the Best Interests of the Child, 1980; Before the Best Interests of the Child, 1984; and In the Best Interests of the Child, 1986) that first appeared 23 years ago concerns the welfare of children in contested relationships. Rather than the familiar legal "best interests of the child" doctrine, this work is grounded in the more realistic standard of finding the "least detrimental alternative." The eminent authors, including Yale law professor Goldstein and the late Anna Freud, discuss the needs of "Baby Richard" and other children forced into the legal system, the conditions that warrant state intervention, and the ethical conduct of professionals who function in the system. Their analysis combines psychoanalytic theories with legal examinations. Because laws vary by jurisdiction, the book serves as a general guide for those involved in placement decisions. Many conclusions, including rejections of custodial arrangements involving forced visitation and the unquestioned primacy of birth parents, are controversial. Still, the book is tightly argued and well presented, and the updated references are very useful. For family law collections; libraries that hold only some of the earlier editions should consider this economic consolidation.-Antoinette Brinkman, Southwest Indiana Mental Health Ctr. Lib., Evansville
Preface | ||
Acknowledgments | ||
Introduction | ||
Pt. 1 | The Problem and Our Premises | 3 |
Pt. 2 | Guidelines and Their Implications for the Laws of Child Placement | 17 |
Pt. 3 | The Guidelines Applied | 63 |
Pt. 4 | Examining Our Premises | 79 |
Pt. 5 | The Problem, Our Convictions, and a Framework for Examining State Decisions to Intrude on Parent-Child Relationships | 85 |
Pt. 6 | Ground for Intervention | 99 |
Pt. 7 | The Professional and Child Placement | 151 |
Pt. 8 | The Ambit of Professional Competence | 163 |
Pt. 9 | The Compleat Professional | 223 |
Reflections | 225 | |
"We Want Our Children Back": Transcript of ABC News 20/20 (August 18, 1995) | 229 | |
Preface to Beyond the Best Interests of the Child | 235 | |
Preface to Before the Best Interests of the Child | 237 | |
Preface to In the Best Interests of the Child | 238 | |
Acknowledgments to Earlier Volumes | 240 | |
Notes | 243 | |
Index | 297 |