LEGAL%ISSUES%AND%FAMILY%INTERVENTIONS% … · 9/9/14 1 LEGAL%ISSUES%AND%FAMILY%INTERVENTIONS%...
Transcript of LEGAL%ISSUES%AND%FAMILY%INTERVENTIONS% … · 9/9/14 1 LEGAL%ISSUES%AND%FAMILY%INTERVENTIONS%...
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LEGAL ISSUES AND FAMILY INTERVENTIONS WHEN CHILDREN RESIST CONTACT WITH A
PARENT
September 13, 2014 San Francisco
Rebecca Bailey Marge Slabach Ma? Sullivan
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Old Problems & New Concepts Resistance of children to visitaJon, especially in high conflict separaJons has always been an issue c.1900 concern about “poisoned minds”
1987: Richard Gardner -‐ “parental alienaJon syndrome” (PAS) important concept but original arJculaJon was inadequate and does
not meet Daubert standard (rule of evidence regarding admissibility)
2001: The Marin Group Not a “syndrome”
DSM 5 rejected PAS Not “mental disorder” of the child O\en not all fault of one parent
Focus on the “alienated child” and consider Conduct of both parents Vulnerability of child
Age Temperament Anxiety, dependency
Parent-‐child “fit”
Normal Development
Parenting Problems
Affinity
Alignment
Alienating
Self-centered
Enmeshment
Intrusive
Too Lax/Too Rigid
Misattuned
What Causes a Child to Reject a Parent?
Abuse
Child AbuseIntimate Partner
Violence [IPV]
Estrangement
Identification with the aggressor
Substance Abuse
Child’s Reaction Parent’s Behavior
Sabotaging by either parent
Leslie Drozd, Ph.D. Nancy Olesen, Ph.D.
[email protected] [email protected]
What Causes a Child to Reject or Resist Contact with a Parent?
2013
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Concepts • Kelly & Johnston (2001): Alienated Child: “child who freely and
persistently expresses unreasonable negaJve feelings and beliefs (such as anger, hatred, rejecJon, and/or fear) toward a parent that are disproporJonate to their actual experience of that parent.”
• AlienaJon vs. JusJfied RejecJon [“estrangement”] – Need to determine whether child’s conduct is jusJfied (e.g. abuse, inJmate partner violence, poor parenJng, step parent rejecJon etc.)
• Many cases are “mixed” with both parents engaging in alienaJng conduct or having some responsibility for break-‐down in relaJonship with one parent.
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• In high conflict cases, alienaJng parental behavior is common – Disparaging comments about other parent are common
– May escalate to acJve undermining of relaJonship to other parent
– O\en both parents are engaging in poor parenJng, but one parent has primary responsibility for contact problems
• Despite alienaJng conduct by one or both parents, most children not alienated (approximately 80%, Johnston, 2003)
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AlienaJon o\en starts as child ages & they can hold onto their anger and remember their script (e.g. 7-‐12yrs). Children may be less socially competent and more emoJonally troubled (Johnston, 2003) Cases may change over Jme – someJmes quickly
AlienaJon may start a considerable Jme a\er separaJon
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NegaJve Effects Of AlienaJon Most kids want contact with both parents (even if abuse)
AlienaJon is emoJonally harmful to children Loss of contact with parent & extended family Guilt, self hatred, self-‐esteem issues ConJnued unconscious idenJficaJon with rejected parent
Child may come to believe unfounded abuse allegaJons
Behavioral disturbances in alienated children Aggression & conduct disorders Poor impulse control
Research suggests long term negaJve effects into adulthood
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Developmental Consequences
• Younger children exposed to alienaJon dynamics in family: confusion and anger – O\en leads to alienaJon later
• Enmeshment with a parent interferes with normal developmental autonomy and development of separate idenJty-‐ may affect social, peer relaJonships
• What is real? Problems with reality tesJng – Problems of mispercepJon, misinterpretaJon, misa?ribuJon
• Depression, low self-‐esteem, substance abuse
All Cases are nuanced and on ConJnuum
• Conflict • Abuse • A?achment • AlienaJon • ParenJng • Child Vulnerability
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Abuse ConJnuum: from puniJve to abusive parenJng
• Put children in the middle, use the children as messengers, tell the children negaJve things about other parent
• PuniJve in response to child’s rejecJon • Physically force compliance • Harm to other parent, threaten pets • Child neglect, emoJonal abuse • Child physical abuse, sexual abuse • Violence to other parent
Mild -‐ -‐ -‐ Moderate -‐ -‐ -‐ Severe
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ParenJng ConJnuum
Good Enough Parents (warm, empathic, a?uned, involved, authoritaJve, can contain negaJve feelings about other parent)
Compromised Parents (who with help can become good enough, harsh, self-‐centered, criJcal, non-‐empathic)
Impaired Parents (mental Illness, substance abuse, personality disorders, with more help can become good enough parents)
Neglecqul or Abusive Parents (who need higher level of intervenJon)
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Disciplinary Styles
• Authoritarian: conform to expectaJon, child should accept parent’s word and rules, puniJve measures used
• AuthoritaJve: facilitate change in child’s behavior and sense of self through reason, encourage independence and normaJve values
• Permissive: few restraints, opposed to authority, accepJng
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AlienaJon ConJnuum -‐ Parent
PosiJve support for Involvement with other parent Excludes other parent Induces Loyalty Conflicts AcJvely Interferes with contact with rejected parent Exposes Child to NegaJve Beliefs about rejected parent Communicates rejected parent is Neglecqul Communicates rejected parent is dangerous
Johnston 2004/2010 Child AlienaJon Project
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GATEKEEPING CONTINUUM
• Ranges in ADtudes/Behavior • from FacilitaNve Gatekeeping (FG) to RestricNve Gatekeeping (RG)
• Very FacilitaNve →CooperaNve→Disengaged→ RestricNve → Very RestricNve • ProacNve Toward Other Parent → Severely AlienaNng Behaviors • Inclusive of Other Parent → Marginalizes Other Parent • Boosts Image of Other Parent → Derogates Other Parent • Ongoing Efforts at CommunicaNon → Refuses to Communicate • Flexible Time-‐sharing → Rigid Adherence to ParenNng • Time Schedule • Ensures Child’s Opportunity to • Develop RelaNonship with Other Parent → Severe Child AlienaNon • • © William G. AusNn, Linda Fieldstone, Marsha K. Prue`, 2012. •
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AlienaJng Behavior of Parents -‐ Examples DenigraJng other parent, extended family & even pets
Asking child to carry hosJle messages
Asking child intrusive quesJons about other parent (“spying”) CreaJng a need for child to hide informaJon & conceal posiJve feelings
about other parent
Providing warm involvement in return for loyalty; rejecJon for own point of view
Inappropriate empowerment “You can decide whether you want to see your Dad” [but not whether
you go to school.]
CreaJng fears False allegaJons of abuse
Borrowed or exaggerated stories: “My Dad beat my Mom when I was in her tummy”
Arranging fun events that conflict with visits
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Just Remember Son, it doesn‘t ma?er whether you win or lose – unless you want Daddy’s love
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AlienaJon ConJnuum -‐Child
Child ambivalent, statements made over short Jme, child can take two perspecJves about family, negaJve statements made only to other parent
Child more entrenched, tell more people complaints extended to whole extended family, child resistant to contact but sJll going and engaging, some pleasant Jmes, able to express love for other parent, able to remember good Jmes
Child refusal to see parent, no ambivalence, feelings and behavior not match other parents acJons, overt scorn and denigraJon, freely discusses dislike of other parent with others, reasons for lack of contact vague and non specific, states desire to terminate relaJonship with one parent
Mild -‐ -‐ -‐ Moderate -‐ -‐ -‐ Severe
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Resistance to Contact: A ConJnuum
• Child has contact with both parent • Child has an affinity toward one parent because of temperament, gender, age, familiarity, greater Jme spent, shared interests (normal)
• Child is aligned with one parent due to non-‐preferred parent’s minimal involvement in parenJng, inexperience, poor parenJng or because a child is angry or upset with a parent who leaves, angry or upset with the parental conflict
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Child Vulnerability
Temperament (high acJvity, li?le regularity, avoidance, intense reacJons and moods, distracJble, not adaptable)
EmoJonal: Anxious, avoidant, fearful, withdrawn A?achment: Insecure (anxious-‐resistant, anxious avoidant), Disorganized
Parent-‐Child Fit not “good enough” for child’s needs
Child special academic, social, emoJon needs Family isolated, li?le supports in place
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Other reasons for child’s rejecJng behavior
• JusJfiable estrangement from abusive parent • Pathological a?achment to abusive parent (idenJficaJon with aggressor); o\en child has PTSD and avoids conflict situaJons
• Child enmeshed with emoJonally dependent needy parent-‐ role reversal
• Folie-‐a-‐deux: shared delusional belief about other parent with very disturbed, thought disordered and powerful parent
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RealisJc Estrangement: Abuse (can someJmes co-‐exist with alienaJon)
Child’s resistance/ refusal may be result of:
Witness to domesJc violence
Experience of their own abuse (physical, sexual, emoJonal)
Exposure to significantly inept or neglecqul parenJng
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Complexity of High Conflict Cases: Looking at Conflict, Abuse and AlienaJon
• Causes • Dynamics • DifferenJaJon of various types of parent – child problems (from abuse to alienaJon)
• Significant porJon of cases in which alienaJon is alleged are not alienaJon cases
• When alienaJon is determined to be present intervenJons vary depending on degree of alienaJon
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Cycle of fear and anxiety
• ParenJng flaw or pracJce repeated and exaggerated by favored parent
• Child exposed to this story and begins to shi\ view of rejected parent to abusive or unworthy
• Child becomes increasingly anxious
• AnJcipatory anxiety reinforces avoidance and rejecJon
• Child’s distress triggers more protecJon, concern, a?enJon from in parent
ConJnued Key Elements in Cycle of EscalaJon
Child’s relaJonship with the rejected parent is not supported by the alienaJng parent (not encouraged to see good and bad in other parent)
Child not required to sort out or resolve difficulJes or conflicts (as would happen in other situaJons/ friend/ teacher/ coach)
RelaJonship improvement with other people seen by child as more important to deal with than relaJonship with other parent
Parent “leaves decision to child” and DOES NOT help child see things from another’s perspecJve, resolve/not avoid conflict/ model compassion empathy and forgiveness as would with other relaJonships
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INTERVENTION WITH CASES OF VISITATION RESISTANCE: IF, WHEN,
AND HOW DOES IT WORK?
Child’s resistance: Legal Adversarial Context
PeJJoner -‐-‐-‐-‐-‐-‐-‐Child’s response-‐-‐-‐-‐-‐-‐Respondent
CausaJon/Fault
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• Out beyond ideas of wrongdoing and rightdoing, there is a field…
Meet me there.
Rumi
Child’s Response
Intense Marital Conflict
Divorce Conflict and Litigation
Personality of Rejected Parent
Personality of Aligned Parent
Humiliating Separation
Child’s Vulnerability
Aligned Parent’s Negative Beliefs, Behaviors
Rejected Parent’s Reactions
Sibling Relationships
Factors contribuNng to & sustaining parent-‐child contact problems
Adapted from Kelly & Johnston, 2001
Lack of/Inefficient Co-parenting
Extended Families Aligned Professionals (Education, Health, Legal)
IntervenNons
• Internet survey of 1172 Mental Health and Legal professionals indicates most frequently recommended intervenJon for alienated child is individual therapy for child and for parents (Bow, Gould & Flens, 2006).
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A Family Systems Model:
• Family-‐focused intervenJon presented in Johnston, Walters & Friedlander (2001) and Sullivan & Kelly (2001) – Careful assessment
– SJpulaJon or Court Order – TherapeuJc work with Aligned Parent (AP) – TherapeuJc work with the Rejected Parent (RP) – TherapeuJc work with the Alienated Child (AC) – TherapeuJc work with selected combinaJons of family members
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Intensive IntervenJons
• Intensive residenJal – Rand & Warshak (2006)
• Family Bridges
– Sullivan, Ward, Deutsch (2010) • Overcoming Barriers
– Bailey • TransiJoning Families
Lessons Learned: The IntervenNon
• More complex even than the complex model we outlined in 2001
• Reinforce: – Importance of comprehensive understanding and formulaJon
– Importance of including all relevant individuals in the intervenJon
– Importance of Coordinated intervenJon CollaboraJve Team and Team Leader
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Lessons Learned: Reality
• IntervenJons are o\en neither pracJcal nor realisJc – Time, money, human resources – IntervenJon with and without the benefit of a Custody EvaluaJon
– IntervenJon with and without the benefit of the “Case Management” legal structure, accountability and support afforded by Court Orders
Lessons Learned: Outcomes
• Results have been disappoinJng from various perspecJves – Amount of Jme required for the treatment – Progress and outcomes not quickly achieved
• Or not achieved period – Need for pa+ence when most other factors miJgate against paJence
– Especially true for RP and the goal of “reunificaJon”
Lessons Learned: Reminder
• reunificaJon with the rejected parent is not the primary goal of the intervenJon…
• …although it may be a consequence of achieving the primary goal.
• Defining the goals of the intervenJon • Crea+ng a “tenable middle space”
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Lessons Learned: Reasonable ExpectaNons
• It is therefore important to: – Select appropriate cases, for types intervenJons – Formulate case-‐appropriate goals
– Determine a reasonable Jmetable
• IntervenJon as a diagnosJc process – IdenJfy areas of relaJve strength and weakness to specify where change might occur
– A?enJon to one component may affect the other—The “bubble under the rug”
– Open and flexible to revision of focus, goals, etc.
Lessons Learned: AlienaNon and Estrangement
• Understanding the nature of the alienaJon and how it affects the intervenJon, the focus, the goals, and the definiJon of “success”
• RealizaJon that alienaJon and estrangement are not always easily disJnguished concepts – Both alienaJon and estrangement are o\en present in the more difficult, unresponsive cases
– This may limit goals
Lessons Learned: Obstacles to Progress
• RecogniJon that each parJcipant has a different agenda, more or less in their conscious awareness, when entering this work
• Factors outside of awareness o\en drive this behavior • Appreciate and respect the role of these less conscious factors • These factors limit the usefulness of coaching and educaJve
intervenJons and extend the Jme required to achieve goals • Dumb Spots and Blind Spots
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Lessons Learned: Forcing Contact
• Forcing contact does not work…but some+mes it does – When the Moon is in the Seventh House and Jupiter aligns with Mars
• May backfire
• Will it create a more “secure base” for the child?
Lessons Learned: The Rejected Parent
• ParenJng behavior of the RP – RelaJonship capacity and parenJng skills
• Lacks warmth and empathy • Not a?uned to child’s feelings and needs • NarcissisJc • Controlling • Demanding • Authoritarian
– A common and o\en fatal mistake is the failure to integrate the reality of the alienaJon into the RP’s interacJon with the child, especially the effort to parent and discipline
• “De-‐parented”-‐-‐Role as parent undermined • Responsibility without authority • Parental “rights” vs. child’s feelings and needs • Learning trials vs. ExJncJon trials
– The myth of “compensatory parenJng”
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Lessons Learned-‐ The Child
Framing the intervenJon to maintain focus on the child • Reasons why the child is at the center of the therapist’s
concern • Timing/ pacing based on assessment and understanding of
the child • PotenJal impact of intervenJon on the child • Uncovering the meaningful issues in the P/C relaJonships • Power Issues between parent and child • Shared control of the agenda • Safety issues
Lessons Learned: The Aligned Parent
• Inclusion in treatment – To assess supporJveness of child having relaJonship with other parent
– Clarify possible “Enmeshment” – Bring into focus possible “alienaJng behaviors” – To learn about view of child – Willingness/Openness to nudge child
• Possible re-‐establishment of co-‐parenJng alliance
Lesson’s Learned: ProblemaNc Aligned Parent
– “Enmeshment”
– EmoJonally fragile and needy – Role reversal – Indulges and empowers the child
– Helpless in the face of the empowered child – Compromised ability to parent and discipline
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Lesson’s Learned: Structural IntervenNons with Alienated Children • These are the Court Orders that Specify the parenJng plan and family intervenJons
• Contact specified and non-‐discreJonary • Clear specificaJons of therapeuJc intervenJons • Case Management role essenJal
• They are necessary, but not sufficient • You can’t succeed if you are not impeccable about them, but may not succeed even if you are
Hard Lesson #1
• Must move families out of the legal-‐adversarial context – LiJgants don’t make good coparents – Conflict is experienced by child as perpetrated by the rejected parent
– The pressures to align are intensified – Big problems when there is a custody dispute
– CreaJng a collaboraJve professional system around the family is extremely difficult
Hard Lesson #2
• Authority is elusive • Clear, detailed orders are nice, but try enforcing them
• Special Master is a misnomer • Turning to the Court for help is a crap shoot • If you can’t deal with compliance issues, you’ve lost the case
Geyng Johnnie to treatment Geyng Johnnie to the visit
• Finding Ways to maintain authority
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Hard Lesson #3
• Legal Custody on paper is not worth the paper it’s wri?en on – No Contact with the child, school, acJviJes, etc. – No sharing of informaJon – MarginalizaJon – Mom doesn’t have to deal with dad anymore, why should I have to?
– Mandate informaJon exchange, coparent structures you would expect in shared legal custody
Hard Lesson # 4
• CollaboraJve Professional teams don’t just form and run themselves – Finding the right professionals – Team essenJals
– OrganizaJon -‐ goals, accountability – Leadership -‐ hierarchy – CommunicaJon – InformaJon control/loyalty – Loyalty
Challenges
• Therapists do not typically take the Jme to coordinate their work with the work of other therapists – The Jme required in high conflict cases may be considerable
• The therapy systems readily becomes isomorphic with the conflict in the family system with therapists supporJng their clients in movement in different direcJons
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CollaboraJve Teams
The role of organizer/leader Parameters in place to protect team
ConfidenJality, releases, control of informaJon
Goals and specific plans, coordinaJng, monitoring, modifying
CollaboraJve system around family Professional loyalty/client loyalty
Team’s involvement in coparenJng issues ProtecJng the therapeuJc relaJonship
CoordinaJng TherapeuJc IntervenJons
EssenJal and o\en powerful role of a PC • Greenberg, L. R., & Sullivan, M. J. (2012). ParenJng coordinator and
therapist collaboraJon in high conflict shared custody cases. Journal of Child Custody,9(1–2), 85-‐107.
CombinaJon of a PC and a child therapist can be very effecJve
Offers more protecJon to children’s confidences while sJll providing accountability necessary to progress
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Hard Lesson #5
SomeJmes all the kings horse and all the kings men… SomeJmes the least detrimental alternaJve is ending work on reunificaJon Keep child focused Don’t get into blame and get puniJve intervenJons carry a cost, resistance can build to the intervenJon -‐ -‐Treatment alienaJon Older children can be over it
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When does treatment not work?
• Severe parent psychopathology and personality disorders including paranoia, encapsulated psychosis, severe untreated mental illness, and sociopathy
• Capacity for insight is severely compromised
• Coercive measures do not change behavior
When the IntervenNon Isn’t Working
• Steps to closure • Doors le\ open • “ParJng” messages • Mapping needs for treatment of individual family members
• Monitoring for future possibiliJes
The Conundrum
• Harm to child of staying in severe alienaJng family situaJon including significant impairment in social-‐emoJonal development and funcJoning and cogniJve processing
• Versus Risks to child of change in custody
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One Model: Whole Family Intensive • Overcoming Barriers Family Programs
– 5-‐day family camp program (Sullivan, Ward,& Deutsch, 2010)
– Intensive Family Weekend IntervenNon with 1 day follow up (Ward, Deutsch, & Sullivan, 2012)
• Involve both parents and children in intensive program • Usually involved in liJgaJon • Psycho-‐educaJon groups (east, west, common ground)
including role plays • Intensive clinical: combinaJons of individual family
members • Strategic use of acJviJes to engage • Enjoyable acJviJes and camp experience • Detailed A\ercare arrangements and follow-‐up
Common Ground Center, VT
Program components -‐Overview
Camp seyng – the milieu Seasoned staff – admin, clinical, camp Camp acJviJes Treatment Program
Parent and Child groups PsychoeducaJon and group work
Planned intervenJons ExploiJng criJcal incidents/therapeuJc opportuniJes
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The Milieu
Use of Space
Planned and spontaneous intervenJons
Structuring of acJviJes Strategic manipulaJon of group involvement Phasing of acJviJes
Other intervenJons
CoparenJng work Daily meeJngs
Address dynamics of interparental conflict Structure, plan and support the connecJon between the child and rejected parent
Address disputes in the parenJng plan Agree to an a\ercare program
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A\ercare
• Reaching out to professionals working with the family at intake contributes to effecJve a\ercare.
• A\ercare discussed while in program
• Memorialized in agreement signed by all clinicians and parents -‐ see example
• Includes A\ercare pathways/intervenJons • Need legal and therapeuJc professionals in place to implement follow up
Deutsch, Fidler, Sullivan 2014
Role of ParenNng Coordinator with Aier-‐Care
• Work with/evaluate exisJng intervenJons • Make Referrals • Mandate informaJon exchange, co-‐parent structures
• Work with CollaboraJve team – Define Roles – CommunicaJon with team: meeJng, email, phone
– Hold the conflict Deutsch, Fidler, Sullivan 2014
Finding The Right Therapists
• Disciplined, balanced procedures • ConsideraJon of mulJple hypotheses
• Adherence to role boundaries • Able to tolerate pulls for polarizaJon • Respect for the legal process • A?enJon to development and coping skills
Deutsch, Fidler, Sullivan 2014
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ExpectaNons of Therapists
• Structure (as balanced as possible) • ExpectaJons of parent cooperaJon, including seyng limits with the child as required
• RealisJc view of intervenJon (may extend beyond standard sessions)
• Clear Payment responsibiliJes • Thorough consent process
– Court order and service agreement Deutsch, Fidler, Sullivan 2014
ReflecJons
• A\er care criJcal – Immediate – Court-‐monitored
• Regional camps – Access to families, access to professionals
• Moving the camp intervenJon to earlier in the process – Malignancy – Resistant to a\ercare intervenJons
TransiNoning Families
www.transiJoningfamilies.com
Family Programs for: -‐High-‐conflict
-‐VisitaJon resistance -‐Trauma experiences -‐AbducJon dynamics
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TransiNoning Families
• Each family program designed to family's needs • Can include 2-‐5 days overnight program and repeat "check in's" and/or refresher visits
• EnJre family or specific subgroups (one parent and child)
• ConnecJon based therapy • All interacJons with staff are mindful, authenJc and purposeful
• Use of various team members depending on family
• Equine and other animal work
TransiNoning Families Video
• Insert TF video
Staff Roles
• Core Team Members:
– Clinical Director – Support Clinician – RecreaJonal Specialist – Cook
• As Needed – Support Clinician – Support Staff – Support Cook
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Role of the RecreaNonal Specialist
• Support parents-‐child connecJons • Child advocate/child specialist • Build rapport with kids (begins with intake) • Provide posiJve experience for kids • Frame the weekend (“this program is about
geyng kids needs met”)
• Report to clinical team
• Fill holes/program needs
RecreaNonal ObjecNves • Build rapport • Assess: coping skills, problem solving skills, aggression, cogniJve/processing, teamwork, communicaJon, trust, fear, etc.
• OpportuniJes to model problem solving • Paper-‐scissor-‐rock (metaphor for parents – agree before hand how to resolve stalemate)
• PracJce: problem solving, teaching, building self esteem
• Buy in for program from kids (incenJve) • Fun & posiJve connecJon between kids and parents (see parents together in posiJve way)
• Exercise
Teamwork • Leveraging use of team members requires lots of communicaJon, planning and pracJce.
• Understanding of rapport, gender, relaJonships, allies, training/cerJficaJon to best move family forward
• Leverage of non-‐clinical role (mistrust of therapists is common)
• Leverage proven skill/trust of kids