Family Reunification

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Alina Tryfonidou - One of the best experts on this subject based on the ideXlab platform.

  • Family Reunification rights of migrant union citizens towards a more liberal approach
    European Law Journal, 2009
    Co-Authors: Alina Tryfonidou
    Abstract:

    Over the years, in the case-law of the European Court of Justice (ECJ) determining the availability of Family Reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a „moderate approach‟ in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more „liberal approach‟ in cases such as Carpenter (2002) and Jia (2007). Under the Court‟s „moderate approach‟, Family Reunification rights in the context of the Community‟s internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of the fundamental freedoms and the need to grant Family Reunification rights under EC law. Conversely, under the Court‟s „liberal approach‟, in order for Family Reunification rights to be bestowed by EC law it suffices that the situation involves the exercise of one of the fundamental freedoms and that the claimants have a familial link which is covered by the Community‟s secondary legislation: there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community‟s aim of establishing an internal market. The recent Eind and Metock judgments (and the Sahin order) have shifted the pendulum towards the „liberal approach‟ side by making it clear that it is not necessary a) that the Family members of migrant economic actors have been lawfully resident in another Member State, prior to their move to the host State where they accompany or join the migrant; or b) (according to Metock and Sahin) that they have been Family members of the migrant economic actor at the time that that person had exercised his freedom to move. In this paper it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly-functioning market but also a polity the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the „liberal approach‟ seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its „moderate approach‟ and which appear to be an anomaly in a Citizens‟ Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court‟s „moderate approach‟) as mere factors of production; and b) the emergence of reverse discrimination. The paper will conclude with an explanation of why the adoption of the Court‟s liberal approach does not appear to be a proper solution to these problems.

Anthony N. Maluccio - One of the best experts on this subject based on the ideXlab platform.

  • The policy and practice of Family Reunification
    Australian Social Work, 1998
    Co-Authors: Frank Ainsworth, Anthony N. Maluccio
    Abstract:

    Abstract This article is about the Family Reunification of children who have been placed in out-of-home care. It provides a broad definition of Family Reunification and guidelines for Reunification policy and practice. The focus is then on parent education and training and the research studies which suggest that this has to be a fundamental element of any Reunification plans. Finally, it highlights key issues that still require resolution.

  • Incorporating Content on Family Reunification into the Social Work Curriculum
    Journal of Social Work Education, 1996
    Co-Authors: Anthony N. Maluccio, Barbara A. Pine, Robin Warsh
    Abstract:

    Family Reunification is the system of policies, programs, and services designed to reunite children and adolescents in out-of-home care with their families of origin. This growing practice area in child welfare has received much recent attention in both the professional literature and popular media. Learning about Family Reunification and the practice and policy issues surrounding it is important if social work education is to reflect the new and changing knowledge base of the profession. Following an overview of Family Reunification, this article discusses suggestions, guidelines, and implications for integrating content on this timely topic throughout the social work curriculum.

  • Family Reunification of children in out-of-home care: Research perspectives
    Children and Youth Services Review, 1996
    Co-Authors: Anthony N. Maluccio, Lois W. Abramczyk, Barbara Thomlison
    Abstract:

    Abstract In this introduction to the papers in this special issue, the authors define Family Reunification within the framework of permanency planning and Family preservation; describe the historical and contemporary context of Family Reunification services; and delineate key research issues, gaps, and directions. Especially crucial is research on differential approaches to practice with children and families from diverse population groups.

  • The theory, policy, and practice context of Family Reunification: An integrated research perspective
    Children and Youth Services Review, 1996
    Co-Authors: Barbara Thomlison, Anthony N. Maluccio, Lois W. Abramczyk
    Abstract:

    Abstract This essay reviews three British books that examine Family Reunification of children placed in out-of-home care and contribute substantially to this area of child and Family welfare. The books are: Prevention and Reunification in Child Care , by Peter Marsh and John Triseliotis (1993); Going Home: The Return of Children Separated from Their Families , by Roger Bullock, Michael Little, and Spencer Millham (1993); and In Care at Home—Parenting, the State and Civil Society , by John Pinkerton (1994). These books and other research in this special issue recognize the need to respect the families of children in care and propose new ways to assist families in becoming partners with child welfare agencies and staff. The common focus is on the importance of maximizing child and Family participation in the helping process as a regular component in decision making and planning toward the goal of Family preservation. There is a need to exchange information, share responsibilities, model respect, and form stronger alliances with children, their families, social workers, and others in the helping network. In addition, these studies evidence that Family poverty and related circumstances persist as barriers to Family Reunification. Through a comprehensive and stimulating discussion of their findings, the authors point to the need to establish a new vision for the welfare of children and families—a vision in which Family Reunification is a central and lasting component.

  • Family Reunification: Research Findings, Issues, and Directions.
    Child Welfare, 1994
    Co-Authors: Anthony N. Maluccio
    Abstract:

    Reuniting children in out-of-home care with their families has long been a primary goal of public and private child welfare services, and more recently a fundamental component of the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), as well as subsequent federal legislation to preserve families. Child welfare agencies are increasingly realizing the urgent need to reexamine their services and implement system changes that can promote Family Reunification. This task is currently intensified by various forces that are moving states to restructure their service delivery, including new federal legislation on Family preservation, class action lawsuits over the conditions of the child welfare system, and concern over the effectiveness of existing services.Given the above context, it is timely to ask how research can contribute to the reexamination and strengthening of Family Reunification services. The emphasis on research is appropriate because knowledge has the potential to help strengthen practice and programs and inform policy formulation and program planning in child and Family welfare. This article reviews research findings from related studies, delineates knowledge gaps and questions that should be explored by research, and identifies emerging research priorities.What Is Family Reunification?Family Reunification has traditionally referred to the physical reunion of children, who are placed in Family foster care or group care settings, with their biological families, and practice has been based on the premise that children should either be returned to their families or placed permanently elsewhere. This premise reflects the emphasis in the permanency planning movement on the importance of a Family in a child's development [Maluccio et al. 1986].More recently, however, the concept of Family Reunification has been rethought and expanded, as one expression of the renewed emphasis on permanency planning and Family preservation. Accordingly, Maluccio et al. [1993] have redefined Reunification as the planned process of reconnecting children in out-of-home care with their biological families to help them achieve and maintain their optimal level of reconnection--from full reentry of the child into the Family system to partial contact or periodic visiting. Such an expanded view "underscores the value of maintaining and enhancing connectedness between children in out-of-home care and their families and of reconnecting children and their families when possible. At the same time, it recognizes that not every parent can be a daily caregiver and that some families, though not able to live together, can still maintain kinship bonds" [Maluccio et al. 1993: 6].In light of this broad definition, a review of research on Family Reunification requires examination of studies of out-of-home care, permanency planning, and decision-making in child welfare; little research has been conducted on Family Reunification as such. Aggregating findings from existing studies is problematic, due to methodological limitations in a number of respects: cross-sectional vs. cohort samples, lack of comparison groups, unrepresentativeness of small samples, and differences in operational definitions, data sources, and measurements.What Do We Know?The following selective review of studies highlights findings related directly or indirectly to Family Reunification. (Research on kinship foster care is not included, since it is covered elsewhere in this volume.)Reentry into Out-of-Home CareFollow-up studies give partial answers to the questions of what percentage of children in out-of-home care are reunified with the biological parents, and how many of the children reenter out-of-home care. The picture is far from clear, however, for several reasons. First, many follow-up studies rely on samples of children who originally entered the system before the permanency planning legislation. Second, the studies include children dissimilar with respect to demographics, reasons for placement, and other variables. …

Joseph P. Ryan - One of the best experts on this subject based on the ideXlab platform.

  • Trying to come home: Substance exposed infants, mothers, and Family Reunification
    Children and Youth Services Review, 2011
    Co-Authors: Hui Huang, Joseph P. Ryan
    Abstract:

    Substance abusing mothers comprise a significant proportion of caregivers in public child welfare, and achieve low Reunification rates. Unfortunately little is known about treatment options intended to facilitate recovery and increase Reunification. This study focuses particular attention on the relationship between specific treatment modalities (e.g., residential and outpatient), recovery from substance abuse and Family Reunification. Analyzing a sample of 160 mothers and their substance exposed infants, the findings clearly identify the benefits of residential treatment in terms of both treatment progress (directly) and Family Reunification (indirectly), but only when residential services are delivered in combination with transitional services.

  • co occurring problems for substance abusing mothers in child welfare matching services to improve Family Reunification
    Children and Youth Services Review, 2007
    Co-Authors: Sam Choi, Joseph P. Ryan
    Abstract:

    Abstract Substance abusing families often experience multiple problems simultaneously. Prior substance abuse research suggests that attention to these co-occurring problems is essential to achieving desirable outcomes. Yet no prior study attempts to determine whether tailoring services to meet clients' co-occurring problems improve key child welfare outcomes such as Family Reunification. This study addresses this gap by investigating the relationship between matching mothers' needs to service and Family Reunification for substance abusing families in public child welfare using the Illinois Alcohol and Other Drug Abuse (AODA) waiver demonstration project. The sample consists of a total of 354 substance abusing mothers and their 602 children enrolled in the Illinois AODA waiver demonstration. Hierarchical non-linear modeling is used to understand the role of both child level and Family level characteristics. Matched services in mental health, housing, Family counseling and substance abuse treatment significantly improved the likelihood of Family Reunification. The analyses also reveal that child welfare systems continue to struggle with low rates of service utilization and low rates of Family Reunification. Thus, it remains important for researchers, practitioners and policy makers to continue identifying the barriers to the provision of matched services, and to develop strategies for improving the provision of matched services.

  • integrated services for families with multiple problems obstacles to Family Reunification
    Children and Youth Services Review, 2006
    Co-Authors: Jeanne C Marsh, Joseph P. Ryan, Sam Choi, Mark F Testa
    Abstract:

    Abstract Child welfare clients with co-occurring problems are recognized as clients who have difficulty achieving positive child welfare outcomes. The current study focuses on families in the child welfare system with co-occurring problems and the impact of such problems on the likelihood of Reunification. The current study contributes to the literature on service integration by examining whether it is necessary to go beyond assessment and service access to insure families make progress in each co-occurring problem area to achieve Reunification. The sample is comprised of 724 substance-abusing families enrolled in the Illinois Title IV-E Alcohol and Other Drug Abuse (AODA) Waiver Demonstration. Data on client progress consisted of provider ratings completed quarterly to track progress related to problems of substance abuse, domestic violence, housing and mental health. The findings indicate that progress in resolving co-occurring problem areas does increase the likelihood of achieving Family Reunification. Thus, the provision of the child welfare service model alone is insufficient. In order for child welfare systems to increase Reunification rates, services must target the specific needs of individual families and assist them in achieving progress within co-occurring problem areas. Successful integrated service programs must identify the range of specific problems that clients are dealing with and insure that they address and resolve these problems in order to increase the likelihood of Family Reunification.

Eleanor Morris - One of the best experts on this subject based on the ideXlab platform.

  • Family Reunification and Integration Policy in the EU: Where Are the Women?
    Journal of International Migration and Integration, 2015
    Co-Authors: Eleanor Morris
    Abstract:

    In its early efforts to create a migration regime, the EU passed the 2003 Directive on the Right to Family Reunification. This directive has long been considered controversial, in part because of the directive's treatment of migrant women. In 2011, the EU published a Green Paper on the right to Family Reunification as a way to begin to assess interest in revisiting this directive. While one could consider this a positive step due to the initial uproar over the 2003 directive, it is clear that the EU's interest in reopening the debate on Family Reunification is problematic for many reasons. This paper explains the consultation process in the EU to expose the concerns of various constituencies and uncovers the ways in which Family Reunification and integration policy in the EU are still conceived of as "gender neutral" policy areas. While reopening the 2003 Family Reunification Directive could have been a positive move for migrant women, this paper underscores the ways in which the EU, and even parts of the nongovernmental community, continue to fall short in crafting gender sensitive policies that would benefit migrant women, their families, and the EU a whole.

Anne Staver - One of the best experts on this subject based on the ideXlab platform.

  • Free Movement and the Fragmentation of Family Reunification Rights
    European Journal of Migration and Law, 2013
    Co-Authors: Anne Staver
    Abstract:

    Abstract Family Reunification regulations in the EU are increasingly complex, and they vary for different groups of sponsors. This paper documents the existence of four parallel legal regimes for Family Reunification — national rules for citizens who do not move, EU rules for citizens who move within Europe, the Family Reunification Directive for third-country nationals in the EU, and since 2011, Family Reunification rights based on EU citizenship status. This paper asks how and why Family Reunification rules are being thus fragmented, and in particular why so-called ‘reverse discrimination’, where citizens are disadvantaged vis-a-vis non-citizens, is persisting and deepening. It draws on tools from political science, namely historical institutionalism and studies of policy transfer and Europeanization, to showcase the different logics that underlie these puzzling developments.

  • Free Movement for Workers or Citizens? Reverse Discrimination in European Family Reunification Policies
    Democratic Citizenship and the Free Movement of People, 2013
    Co-Authors: Anne Staver
    Abstract:

    Reverse discrimination is problematic and should be eliminated, but European Union (EU) law provides no direct means of doing so because it lies beyond its competence and there are limits to the possibilities of judicial intervention in order to resolve reverse discrimination. This chapter approaches this issue from a different angle, using tools from political science to seek to understand why differential treatment with regard to Family Reunification appears to persist and deepen. Following which it outlines a typology of Family Reunification cases in the EU. The chapter proposes an overarching explanation of the increasing fragmentation of rights to Family Reunification drawing on historical institutionalism and policy transfer theories. Finally, it discusses the paradoxical role of free of movement in accessing Family Reunification rights, and suggests that a new intersection of paths may occur whereby Member States find new ways of restricting Family Reunification for free movers. Keywords:European Union (EU); Family Reunification rights; free movement; reverse discrimination