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Journal of Sociology and Social Welfare, March, 2004, Volume XXXI, Number 1
117
118 Journal of Sociology & Social Welfare
society. This same doctrine has raised legitimate concerns about
the abrogation of the rights of parents and children and has led
to an emphasis on due process through the courts. The result
is heightened legalism interacting with the state’s liability for
the child’s safety. This combination chokes off opportunities for
child welfare to join with the family and community in forming
partnerships of caring.
John Braithwaite’s (2002) theory of responsive regulation
points to a viable alternative for child welfare. He posits a regu-
latory pyramid with a broad base of responsiveness to offend-
ers underneath an apex of legal regulation. Because the state
is charged to care for children in need of protection, child wel-
fare must maintain a firm interface between responsiveness and
regulation. This article examines how family group conferencing
(FGC) achieves this interface. First, an overview is provided of the
movement toward responsive regulation in U.S. welfare, the role
that FGC can play in promoting responsive regulation, and its key
practices in child welfare settings. Then, utilizing a factor analysis
of findings from a FGC study, three interfaces are elaborated—
family leadership, cultural safety, and community partnerships.
In conclusion, a model for interfacing responsiveness and regu-
lation in child welfare is presented.
FGC Objectives
To guide practice, the model was specified as a series of princi-
ples and their related steps. The use of principles helps to prevent
over-prescription (Henggeler, Schoenwald, Borduin, Rowland,
& Cunningham, 1998) that can limit the flexibility necessary in
applying FGC in diverse contexts. This practice guidance was
translated into a measurement instrument called “Achievement
of FGC Objectives” so that adherence to the model can be assessed
(Pennell, 2002b). The questionnaire has 25 items that are scored on
a scale of “strongly disagree,” “disagree,” “agree,” and “strongly
agree” with space for “don’t know” and “not applicable.” The
last two along with no response were coded as missing datum.
The questionnaire was used by the North Carolina Family
Group Conferencing Project as a means of assessing model fi-
delity and a guide for improving FGC implementation, training,
and policy. During the course of the Project, the instrument was
completed by 151 participants from 30 conferences. These partici-
pants, in rounded percentages, were 60% family group members,
23% FGC coordinators, 16% research observers (who observed
conferences where permission was granted by all participants),
and 1% service provider. The FGC coordinators and research ob-
servers filled out the instrument on their own shortly afterwards.
On average about one month after the conferences, consenting
family group members scored the questionnaire during an inter-
view, usually by telephone.
The majority of respondents in the three categories completed
all items but with the family group members having the least
FGC Responsive and Regulatory Interfaces 125
number of missing data. This shows understanding of the process
on the part of the family group. The research observers were
likely to give a “don’t know” on conference preparations that
they would not have observed. The FGC coordinators circled
“not applicable” for items that they thought were not relevant
to a particular conference. The family group members reported
“don’t knows” particularly on items related to the social services’
agency or work taking place after the conference.
A detailed report of the findings and their implications for
practice can be found in Pennell (2003). The general finding was
that for the most part FGC participants saw their conference as
achieving its objectives but with some variation in responses.
This finding is congruent with both the diligence of the FGC
coordinators in carrying out the preparations and the high level
of satisfaction expressed on the evaluation forms distributed at
the conclusion of the conferences and in the qualitative feedback
provided during the after-the-conference interviews. Given that
conferences were more or less implemented according to the
model, the data from the North Carolina FGC Project provide
a means of uncovering the factors or main forces underlying its
key practices or objectives.
Cronbach Coefficient Alpha (raw) is given for each factor. The value next to each
*
objective is the value of the coefficient calculated with that objective deleted.
a fe t y - C
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Family
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Figure 1
132 Journal of Sociology & Social Welfare
and between the two are three interfaces promoting responsive
regulation.
The three interfaces are based on theory and a factor analysis
of data from the North Carolina FGC Project. Family leadership
encourages the family group’s taking initiative in planning, not in
isolation and instead with the support of public agencies and com-
munity organizations. Cultural safety fosters a context in which
the family group can access their traditions to find solutions; nev-
ertheless a child welfare conference always remains bi-cultural in
the sense of including the family’s culture as well as community
standards and legal processes for protecting children. Commu-
nity partnerships include the family group in safeguarding their
relatives without the public agencies or community services’ jetti-
soning their functions. All three interfaces work together to keep
a firm and productive collaboration between the family group
and their community and government programs.
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