G.  What is Context?



Context allows us to see the total family that stands before the court. For example, if the client is a 32-year-old woman who has been HIV positive for 10 years, homeless and struggling to break free from heroin, is there any context for including job training on this woman’s case plan? Now add the fact that she cannot read.  In the context of her life, what factors would make it questionable to include completion of a General Education Diploma in her plan? The subcultural context above would provide enough to look for more realistic and achievable goals that will assist her in determining whether or not she can care for her children.

Judges, lawyers and others involved in D&N proceedings must begin asking questions based upon the facts of each case. We must consciously examine when cultural and subcultural considerations are at play in the case. Together, the two considerations provide us with the meaning of culture in abuse and neglect cases.

By considering matters of culture, the professionals responsible for seeing children and families through these proceedings will begin to  balance more effectively—and speedily—the rights of parents and the best interests of the children.

A few issues for constant consideration by the court and others:

  • What consideration should traditional cultural practices be given in D&N proceedings? Are the attorneys and social workers, therapists and educators prepared to provide guidance on these matters?
  • What is the appropriate placement for a child who is connected to a culture through family when there are no families of the child’s culture available?
  • What services can be ordered to make the best of the situation when the child is placed outside of his or her culture?
  • For all these issues, do professionals or the court raise the issue and ask the questions?

Often, attention to the cultural identity and the subcultural context of each specific family can lead to better results in the case and faster resolution.