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A NATIONWIDE SURVEY OF PROGRAMS FOR CHILDREN OF DIVORCING AND SEPARATING PARENTS Susan L. Pollet 1 This article surveys programs for children of separation and divorce throughout the United States. It provides an overview of their development and discusses some of the research which has been performed to measure the efficacy of them. It focuses on some specific programs, and it provides information about the types of programs which are available in each state. Finally, it provides insights into the next steps for such efforts. Keywords: children of divorce; divorce; separation; custody and visitation; educational programs; mental health of children“Grown-ups never understand anything for themselves, and it is tiresome for children to be always and forever explaining things to them.” —Antoine de Saint-Exupery, The Little Prince, 1943 INTRODUCTION There is a “particular poignancy” in the plight of children of divorce. They are “helpless to correct a situation they didn’t create . . . [and] . . . the very people they need to turn to—their mother and father—are often too emotionally overwhelmed to help them.” 2 Children’s voices need to be heard. Some children of divorce learn to reach out for support. Some “look within themselves and find an inner strength,” 3 although guidance along the way is needed. Through it all, they benefit from peer support, and education programs for them with that element can be a winning strategy. According to the National Center for Health Statistics, the divorce rate was 3.6 divorces per 1000 population in 2005 (forty-six reporting states and Washington, DC). 4 One out of every two children born today will have divorced parents before they reach the age of 18, according to projections. 5 Divorce statistics cannot be taken lightly when considering interventions that can improve the lives of children going through this painful transition time. There has been an abundance of research over the past two decades on the impact of separation and divorce on children. As summarized by one expert, although divergent views on child outcomes have recently received widespread media expo- sure, reliable empirical research indicates that the majority of children from divorced families fall within the average range of adjustment in the post-divorce years. Large numbers of studies have shown, however, that groups of children whose parents are divorced have more adjust- ment, academic, conduct, and relationship problems as compared to children whose parents have remained married. These studies evidence an increased risk for children of divorcing parents. 6 Correspondence: [email protected] FAMILY COURT REVIEW,Vol. 47 No. 3, July 2009 523–543 © 2009 Association of Family and Conciliation Courts

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A NATIONWIDE SURVEY OF PROGRAMS FOR CHILDRENOF DIVORCING AND SEPARATING PARENTS

Susan L. Pollet1

This article surveys programs for children of separation and divorce throughout the United States. It provides anoverview of their development and discusses some of the research which has been performed to measure theefficacy of them. It focuses on some specific programs, and it provides information about the types of programswhich are available in each state. Finally, it provides insights into the next steps for such efforts.

Keywords: children of divorce; divorce; separation; custody and visitation; educational programs; mental healthof childrenfcre_1271 523..543

“Grown-ups never understand anything for themselves, and it is tiresome for children to bealways and forever explaining things to them.”

—Antoine de Saint-Exupery, The Little Prince, 1943

INTRODUCTION

There is a “particular poignancy” in the plight of children of divorce. They are “helplessto correct a situation they didn’t create . . . [and] . . . the very people they need to turnto—their mother and father—are often too emotionally overwhelmed to help them.”2

Children’s voices need to be heard. Some children of divorce learn to reach out for support.Some “look within themselves and find an inner strength,”3 although guidance along the wayis needed. Through it all, they benefit from peer support, and education programs for themwith that element can be a winning strategy. According to the National Center for HealthStatistics, the divorce rate was 3.6 divorces per 1000 population in 2005 (forty-six reportingstates and Washington, DC).4 One out of every two children born today will have divorcedparents before they reach the age of 18, according to projections.5 Divorce statistics cannotbe taken lightly when considering interventions that can improve the lives of children goingthrough this painful transition time. There has been an abundance of research over the pasttwo decades on the impact of separation and divorce on children. As summarized by oneexpert,

although divergent views on child outcomes have recently received widespread media expo-sure, reliable empirical research indicates that the majority of children from divorced familiesfall within the average range of adjustment in the post-divorce years. Large numbers of studieshave shown, however, that groups of children whose parents are divorced have more adjust-ment, academic, conduct, and relationship problems as compared to children whose parentshave remained married. These studies evidence an increased risk for children of divorcingparents.6

Correspondence: [email protected]

FAMILY COURT REVIEW, Vol. 47 No. 3, July 2009 523–543© 2009 Association of Family and Conciliation Courts

Perhaps most compelling is that “[r]egardless of the long-term effects and positive ornegative adjustment to parental divorce, most children experience the divorce as an emo-tionally painful loss.”7

Programs for children of separation and divorce have proliferated throughout the UnitedStates in recent years. The programs serve as an intervention to minimize the risksassociated with divorce and aim to afford better outcomes for the children. The list ofprograms in Appendix A herein is not an exhaustive one as it contains programs which wewere able to learn about through online research or word of mouth after telephone inquiries.

By way of summary, the results of our research indicates that, overall, ten states (orspecific counties within a state) require a child of divorcing or separating parents to attendan educational program pursuant to legislation, court order, administrative order, admin-istrative family court memorandum, or local court or county rules.8 Ten states (or specificcounties within a state) may require a child of divorcing or separating parents, at thediscretion of a judge, to attend an educational program pursuant to legislation, court order,administrative order, administrative family court memorandum, or local court or countyrules.9 These programs range from court-sponsored to not-for-profit private programs.10

Three of the states, however, fall in both categories.11 Thirty-five states, however, do notrequire a child of divorcing or separating parents to attend an educational program.12 Lastly,Louisiana does require children in one county to attend a mandatory program, while allother counties have no such requirement, nor is it in the discretion of the judge.13 This trendof increasing availability of such programs comports with extensive literature, whichindicates that “perceived control over decisions is related to positive mental health.”14

Therefore, listening to children’s voices during divorce processes will help to bestowthat effect on children. This article will provide an overview of the development ofeducation programs for children of separation or divorce. The next part will discuss someof the research which has been performed to measure the effect of such programs. Thefollowing section will address a sampling of specific children’s programs. Next, there willbe a discussion of the results of our nationwide research regarding the programs in eachstate which target children of separation or divorce. In the final section, conclusions aboutthe next steps for this type of education will be discussed.

BACKGROUND OF EDUCATION FOR CHILDREN OFDIVORCING AND SEPARATING PARENTS

Research conducted as of September 10, 2007, revealed that there are parent educationprograms in forty-six states;15 however, the number of programs for the children of divorc-ing and separating parents “have developed slowly”16 and remain fewer in number.17

Short-term support groups for these children are both educational and therapeutic innature.18 They can be found in various contexts, including at the court, at public and privatehuman services agencies, and given at schools by teachers, school social workers and otherschool support staff during lunch or after hours.19 Goals for psycho-educational groupshave been arranged in the following six categories: “(a) facilitation of feelings, (b) devel-opment of coping skills, (c) adjustment to changes, (d) provision of information, (e)normalization of the experience, and (f) provision of support.”20 In a survey of 148 courtand community child programs, the survey found that “the typical program is communitybased . . . [has] one to two sessions of four to five and a half hours, focuses primarily onelementary age children, facilitates expression of feelings and development of coping

524 FAMILY COURT REVIEW

skills, and is conducted by a master’s level mental health professional.”21 At that time, a fewof the programs held four to six sessions and incorporated “drawing, discussion, reading,role-playing, newsletters and advice books to parents and other children experiencingdivorce.”22 Some programs entail parent participation in various forms. Since that time“[p]sychoeducational and counseling groups in schools and community agencies have beena popular and efficient method of providing treatment for children of divorce.”23 There aremany advantages to having programs in the schools; however, because of mandates, incertain circumstances, some community situations (e.g., mental health agencies) may bemore ideal.24

In a national survey conducted in 2001, 46 programs in 152 counties were identified asoffering court connected educational programs for children and another national survey offamily courts found that “children’s educational programs are the most frequently men-tioned for planned future program innovation.”25 In 2001, “[n]early all counties that had achildren’s program also had a program for parents; in some jurisdictions child programs arelinked to and integrated with parent programs, and in other cases they function indepen-dently. Like parent programs, most of the universal prevention efforts for children are briefin duration; on average, they meet for one to four sessions for a total of 4–5 1/2 hours.”26

This is reflected in our research, as well, in Appendix “A,” herein. While all of themandatory programs for children are court-connected, not all of the court-connectedprograms are mandatory.27

What these programs have in common is to help children “adapt to the changes andstresses associated with divorce, which include interparental conflict.”28 The goals mostoften articulated include helping children “identify and express their feelings, providingsupport, normalizing the experience of divorce, and developing coping skills.”29 Childrenare taught ways to deal with conflict and triangulation, which is when parents put thechildren in the middle of their conflicts. Some programs include information about the legalprocess to make it understandable.30 Thus, the essence of most of the programs is thatparticipating in a peer group in a supportive environment helps children to realize that“they are not alone,” and “normalizes their feelings and experiences.”31 That is what makesthese programs special. In fact, it has been stated that “where possible, group therapy fordealing with problems of children of divorce is the treatment of choice.”32 It is notsurprising, therefore, that a study from 2002 revealed that the program considered by thegreatest proportion of counties is one to help children of divorce, which has been borne outby the more recent proliferation of such programs.33

SELECTED RESEARCH ON PROGRAMS FOR CHILDREN OF DIVORCE

Commentators have noted that there is even less evaluation data on children’s programsthan on parent programs.34 Most evaluations of children’s programs consist of customersatisfaction surveys which the parents completed, although some programs also had thechildren complete simple evaluations.35 Moreover, even though children’s divorce groupsare frequently utilized in schools and agencies “the research regarding their efficacy ismixed.”36 It appears that “[g]roup size, focus, duration of sessions, and leadership experi-ence all impacted children of divorce group effectiveness.”37 Experts maintain that preven-tion programs for children of divorce should be “science-based.”38 But because there isgrowing evidence of the efficacy of such programs, arguments have been made that it is“appropriate to plan a research agenda to move evidence-based programs into existing

Pollet/A NATIONWIDE SURVEY OF PROGRAMS 525

community delivery systems,” including schools and family courts, and to make theprograms appropriate for delivery to an ethnically diverse population.39

There are two programs which have been evaluated extensively with control groups,while the other studies discussed herein are more “informal.” One is the Children’s SupportGroup (CSG) which is a community-based group intervention.40 The CSG program is “afourteen-week preventive intervention program designed to provide support and teachchildren skills and coping strategies to deal with family changes.”41 In a controlled studyconducted of that program, “[r]esults showed significant improvements in children’s clini-cal symptoms in the skills and support conditions. The combined skills and support groupsyielded the most immediate benefits, reducing children’s emotional and behavior problems,and improving their adjustment at home.”42

The other program, Children of Divorce Intervention Program (CODIP), is a twelve-session preventive school-based intervention program which includes, as its primary goals,“to create a supportive group environment in which children can freely share experiences,establish common bonds, clarify misconceptions, and acquire skills that enhance theircapacity to cope with the stressful changes that divorce often poses.”43 It has expanded toinclude four different versions for children of different ages: kindergarten and first grade,second and third grade, fourth through sixth grade, and seventh through eighth grade.44 Itseffectiveness has been documented through “controlled studies, tests of key ingredients,and a follow-up study documenting multiple benefits to children.”45 Pursuant to eightdifferent studies of CODIP showing benefits to “children’s healthy adjustment socially,emotionally, physically and academically,” the following results were documented:

• Teacher ratings of children’s improved classroom adjustment and school engage-ment, evidenced by lower rates of disruptive behavior and less withdrawn, anxiousbehavior in class. Every controlled study of the program showed improved coopera-tive behavior including ability to get along with peers, handle challenging situations,and engage appropriately in class activities.

• Parents report that program children, compared to non program children, were betteradjusted overall, better able to talk about their feelings and more open to commu-nication, less moody and evidenced more self-esteem.

• Children themselves reported improved self confidence, less anxiety and depressionand more confidence in their ability to successfully deal with family changes. Programchildren reported being better able to solve personal problems and “let go” of thosebeyond their control. A follow-up study done two years later showed that theseimprovements endured and even extended to health benefits. Program children hadsignificantly fewer visits to the school clinic and health office with physical symptomsafter attending the program than a control group of non program children.46

• The program’s success has been widely recognized including the receipt of a numberof awards, and the program has been disseminated to over 500 schools and otheragencies in the United States and around the world, including South Africa, Germany,Cyprus, Canada, Australia, and the Netherlands.47

In an interesting study which sought to assess the effect of utilizing music in a childrenof divorce group compared with a traditional child psychoeducational group, the resultsindicated that there was no additional impact for music, but that the participants didexperience a significant decrease in anxiety as a result of group participation and a decreasein their irrational beliefs.48

526 FAMILY COURT REVIEW

In another study, the authors evaluated the effect of the adjustment of seven to nineyear old children in a program called Kids’ Turn, a San Francisco Bay Area divorceeducation program, which is a six-week child-oriented educational program.49 The chil-dren participate with their parents in the program. It was reported that children’s adjust-ment significantly improved after completing the program, including less conflictbetween children and parents, and children’s improved ability to avoid participating in“conflict-laden situations within the post-divorce family.”50 It was noted, however, thatchildren, after the program, had “more reconciliation fantasies, greater awareness ofdistressing feelings regarding the divorce, and more sensitivity to being misunderstoodby their parents,” which led the authors to caution that some children may need evalu-ation and continued support.51

A small study was conducted of fifteen children of recently separated or divorcedparents who completed a “family systems intervention” with their custodial parent for thepurpose of reducing family conflict and improving classroom behavior.52 The purpose ofthe study was to examine the effects of this intervention program in reducing acting-outbehaviors of students referred for special education assessment due to behavioral difficul-ties where their parents had recently separated or divorced.53 The study found that after theprogram, there was significantly improved use of verbal reasoning, significantly reduceduse of verbal aggression when resolving family conflicts, and a significant improvement inclassroom behavior suggesting that the number of students placed into special education foracting out behaviors can be reduced.54

Another study often cited is one involving the New Beginnings Program, and was asix-year follow-up, randomized controlled trial of two prevention programs, including onewith a dual-component “mother plus child” program.55 The study found that the program“reduced symptoms of mental disorder; rates of diagnoses of mental disorder; levels ofexternalizing problems; marijuana, alcohol, and other drug use; and number of sexualpartners.”56 An older pilot study of the Rollercoasters Program, a well-known program,showed positive results but needed further study.57

A SAMPLING OF SPECIFIC CHILDREN’S PROGRAMS

As we have identified earlier, there are basically two streams of children’s divorce groupprograms: those offered through court-connected services or by government, and thoseoffered through programs outside of the court setting (e.g., family service programs, churchrelated counseling programs, and programs in schools).58

COURT-CONNECTED PROGRAMS

With regard to the court-connected programs, Jackson County, Missouri had an earlyprogram which implemented a children’s component to their mandatory divorce educationprogram.59 This has been heralded as a major change in the legal and judicial system.60 Itwas the vision of the judges and commissioners of the Family Court Division to provide amore “systemic, family-oriented approach,” recognizing that both the parents and childrenare affected by the divorce and will have to be helped to deal with the process.61 To that end,they developed a court rule which required parents seeking a “marital dissolution or apost-dissolution action involving child custody and/or visitation matters, and their children

Pollet/A NATIONWIDE SURVEY OF PROGRAMS 527

ages five to seventeen, to attend the education and awareness program.”62 The JacksonCounty Family Court had contracted with five providers “strategically” located throughoutthe County to provide the program.63 In this program the parent’s classes and the children’sclasses are held at the same time (two, two-hour classes); the program teaches “griefreactions to divorce, techniques for talking to parents about their concerns, some basic legalterms related to divorce, the fact that children are not to blame for divorce, and how toidentify and express their own reactions to divorce.”64

In Jefferson County, Colorado, a group of professionals developed a three-hour classoffered at the courthouse which consists of a child and adolescent component added tothe court-ordered parenting classes for divorcing parents.65 The curriculum added a skillscomponent, and based upon the ages of the group have different formats includingvideos, drawing exercises, role plays and interactive discussions. The parents and chil-dren attend classes separately, but simultaneously, and there is a final segment of theclass which consists of an interactive parent-child component.66 The program provides“direct support to children and adolescents, helps normalize the myriad feelings childrenand adolescents may experience, and recognizes a number of coping strategies. Addi-tionally, specific skills training in the areas of communication and problem solving areprovided.”67

In Hawaii, in certain circuits, parents who are divorcing, parents not married who filemotions disputing custody or visitation, and their minor children, ages six to seventeen,are required to attend the “Kids First” program.68 Kids First is described as a programdesigned to help parents understand the effects of separation and divorce on their chil-dren and to help children cope with changes in their families.69 Parents and their childrenview a movie, and then the children are grouped by age and led by trained facilitators.70

Parents have their own program. Teens “vent their rage” by writing an unsent “Letter toMy Parents,” and they create a mock trial and ask questions about their “legal rights andresponsibilities as young adults.”71 Younger children do a “Caring Circle” activity inwhich they identify people they can turn to for support when they are angry or sad, andthey have the opportunity to wear a judge’s robe and sit in the judge’s chair, which isconsidered a highlight for them.72

On November 19, 2007, the Sixth Judicial District Court judges in Iowa “began man-dating class attendance for all children ages six to sixteen whose parents file for divorce inLinn County” at the Kids First program.73 Like many of the other programs, the Kids Firstprogram uses a combination of age-appropriate role-plays, artwork, games and videoclips.74 The themes the program seeks to emphasize are the following: “Divorce is never thekids’ fault; They are not alone: Kids share similar experiences; Their feelings are normaland okay; It is important to express their feelings to parents and other adults in their supportnetwork; They have a right not to be in the middle of their parents’ fights and a right not totake sides; They can know what to expect from the legal process; There is hope that thingscan get better.”75

New York has some court-affiliated programs, one of which is “PEACE for Kids.” It isa joint project of Hofstra University College of Liberal Arts and Sciences and the HofstraUniversity Law School, and has a curriculum for children in kindergarten through eighthgrade in operation in the courts of Nassau County, NewYork.76 In Kings County, NewYork,a four-hour program for children is conducted at the Family Court building, and is calledthe “Children’s PACT program.”77 There is also a certified parent education program givenout of both of those courthouses as part of the New York State Parent Education andAwareness Program, but it is for parents only.78

528 FAMILY COURT REVIEW

PROGRAMS OUTSIDE OF THE COURT SETTING

The most studied preventive school-based program was previously mentioned herein,The Children of Divorce Intervention Program (CODIP). The program began in Rochester,New York in 1982 and has undergone continued evaluation and research; CODIP can be,and has been replicated and transported into a variety of settings.79 The CODIP program’sfounder and director is JoAnne Pedro-Carroll, Ph.D. The program “consists of a series offour procedure manuals tailored to the developmental needs of children based on gradelevel, the Daring Dinosaurs Board Game, and the Feeling Faces poster.”80 School personnelincorporate these resources into their peer support groups, where children learn to “appro-priately express their feelings about divorce, enhance their coping skills, clarify miscon-ceptions, and enhance their perceptions of self and family.”81 The efficacy of this programhas been discussed above.

Another program in New York is the Children of Divorce Program at New York-Presbyterian, Payne Whitney-Westchester in White Plains, New York. It is a ten-sessiongroup program with sessions for children and parent groups, running concurrently. Groupsare led by a co-therapy team of senior staff and faculty members trained in child develop-ment and divorce issues, and they are kept small. There are sessions for preschool,school-age, and early teenage children.82 Among the goals of the groups for children are“clarifying and problem-solving issues, such as loyalty conflicts and feelings of anxiety,sadness and anger. Children are also helped to develop coping strategies and assertivecommunication skills for divorce-related issues such as visitation, custody and reblendedfamilies.”83

THE RESULTS OF OUR NATIONWIDE SURVEY

The results of our nationwide survey show that education programs for children whoseparents are separating or divorcing are available in many counties across the United States.Through telephone conversations and e-mail, we spoke with child education directors,court personnel who are familiar with the programs, and the social workers and psycholo-gists who lead the various programs. In conducting the survey of available programs, weasked whether the program is required, and if so, whether there are any opt-out provisions,the cost of attendance, the specifics of the program curriculum, and whether the children’sprogram is simultaneous with the parent program. We compiled our research into the chartand key attached as Appendix A; however, this list is not an exhaustive one. As researchcontinues to demonstrate a need for child education programs, judges and educators areinitiating these programs, and thus new programs, are becoming available increasinglythroughout the United States. There are also many private programs run through the officesof local therapists and various entities. Research on the benefits of specific programs arestill sparse and therefore the programs listed in Appendix A are a list of available programswe were able to locate; they are not, in any way, an endorsement or a complete list of everyprogram throughout the United States.

As stated above, the results of our research set forth in Appendix A herein indicate that,overall, ten states (or specific counties within a state) require a child of divorcing orseparating parents to attend an educational program pursuant to legislation, court order,administrative order, administrative family court memorandum, or local court or countyrules. Ten states (or specific counties within a state) may require a child of divorcing or

Pollet/A NATIONWIDE SURVEY OF PROGRAMS 529

separating parents, at the discretion of a judge, to attend an educational program pursuantto legislation, court order, administrative order, administrative family court memorandum,or local court or county rules. These programs range from court-sponsored to not-for-profitprivate programs. Three of the states, however, fall in both categories. That is, Alabama,Mississippi, and Wyoming have certain counties that mandate a child of divorcing orseparating parents to attend an educational program, while other counties in each stateleave it at the discretion of the Judge. Thirty-five states, however, do not require a child ofdivorcing or separating parents to attend an educational program. In other words, while ajudge may refer a child to a voluntary program, there is no legislation in place that allowsthe judge the authority to mandate child attendance pursuant to a court order. These statesoften offer a myriad of voluntary programs that a child may attend if a parent chooses topursue this route for his or her child. Lastly, Louisiana requires children in one county toattend a mandatory program, while all other counties have no such requirement, nor is it inthe discretion of the judge.

For those states (or specific counties within a state) that ultimately require a child toattend a mandatory education program, some programs do offer opt-out provisions. Partiesmay be able to file a motion to waive attendance, which may be granted in the discretion ofthe judge. The cost of attendance for all of the programs currently in place range from nocost to $145. There are often multiple programs within a state but, at the time of thispublication, twenty-three states offer at least one program at no cost to the child. Inaddition, many other programs offer discounted rates and the possibility of a fee waiver.Regarding the curriculum, many states offer programs that last anywhere from severalhours to several weeks. Also, thirty-two states offer programs that run simultaneously witha parent education program.

Ultimately, while many states have yet to develop legislation, court orders, administra-tive orders, administrative family court memorandum, or local court or county rulesallowing a judge to mandate attendance pursuant to a court order, it appears that each statehas made efforts to provide children the opportunity to enroll in educational programs.These programs are doing so by providing classes with little to no fee, with wide-rangingcurriculums, and with the opportunity for parents to take a class simultaneously with theirchildren.

NEXT STEPS

Back in 1992, dedicated individuals in this field opined that one “relatively cost-freemeasure that the lawyers and legal system of each state can take that might help custodydisputes from becoming a judicially cognizable “‘dispute’ requiring resolution by adver-sarial procedure,” would be “supporting school-based intervention programs for childrenexperiencing parental divorce and custody problems.”84 A call was made then to have moreof such programs widely available, and a suggestion was made that where children ofdivorce intervention programs already exist in a community, a mandatory parent educationprogram “would be an excellent opportunity to advise parents of that fact and to encouragethem to let their children participate.”85 Taking that dream a step farther, the authorssuggested that assuming widespread availability of programs for children, parents shouldbe required to certify that their children have been enrolled in a school-based interventionprogram and that they themselves have attended parent education programs before adivorce is granted.86 Other experts have cited with approval the randomized experimental

530 FAMILY COURT REVIEW

evaluations, earlier discussed herein, which demonstrated the “efficacy of children’smultiple-session school-based coping programs to improve the mental health and adapta-tion of children of divorce.”87

The survey in 2002 with regard to prospects of expanding divorcing parent educationand child coping services reported that “[a]pproximately one third of the counties planningto make a change in their current services indicated that improving the quality of theirexisting services or adding programming for children and adolescents were the forms ofchange most desired.”88 The authors called for the testing of programs to determine whetherthey foster positive gains before implementation.89 There has been research which indicatesthat having court-affiliated educational programs for children, which have short-term andlimited interventions, may help children with their adjustment and can direct them toservices in the community if they need additional help,90 including intensive therapy. Manycommentators suggest, however, that more research needs to be done about which inter-ventions work best, and how they work.91

One expert summarizes the research, as follows:

. . . basic research on the processes by which interparental conflict leads to child maladjust-ment indicates that prevention programs for parents will be most effective in fostering chil-dren’s adaptation to divorce if they can reduce the level of destructive conflict that children areexposed to, foster good parent-child relationships, and keep children from being caught in themiddle of parental tensions and disagreements. Although parents bear primary responsibilityfor managing postdivorce conflict, programs for children also may be useful, particularly ifthey help children develop skills for coping with situations in which they are pressured to sidewith one parent against the other and help them to avoid feeling responsible for parentalproblems.92

CONCLUSION

It is clear that the need for programs for children of divorce exists, and, if developed inconformity with best practices, the programs prove to be helpful. The numbers of suchprograms continue to grow. Having programs connected to the court makes sense sincecourt affiliated parent education programs exist throughout the United States. Having anentity responsible for oversight of such programs, such as court administration, is essentialto ensure that no harm is being done to participants. Having education for both parents andchildren guarantees that all members of the family have access to the requisite knowledge,and a chance to practice the skills they have all learned. It is truly a family process.

Pollet/A NATIONWIDE SURVEY OF PROGRAMS 531

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avai

labl

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Yes

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lies

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th

prog

ram

s

Rol

lerc

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tact

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Inte

grat

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Cou

rtin

Coc

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Coc

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oS

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ior

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quir

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roug

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ts,

role

play

ing,

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ussi

ons

and

wor

kboo

ks

Yes

Div

orce

Car

efo

rK

ids:

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Cal

ifor

nia

Judg

em

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Fam

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Kid

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Kid

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.The

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orde

ror

man

date

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ram

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e

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lies

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lth

ree

prog

ram

s

Kid

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nty)

—$3

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rpa

rent

/$12

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per

chil

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Kid

sT

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Die

go)—

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pare

nt/c

hild

ren

are

free

;

Kid

sT

urn

(San

Fran

cisc

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$110

-950

per

pare

nt/a

$15.

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efo

rm

ater

ials

for

the

chil

dren

,to

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the

pare

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Kid

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irst

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nge

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nty)

8w

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gam

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and

disc

ussi

ons

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Die

go)—

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lies

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lth

ree

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ram

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prog

ram

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nts

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ages

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Dou

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ton

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Ban

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Spl

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Con

tact

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Wil

ton

YM

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2-83

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Ser

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ches

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and

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ks

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orce

Car

efo

rK

ids:

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w.d

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org

532 FAMILY COURT REVIEW

Sta

teS

tatu

te/C

ourt

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equ

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icu

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ult

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Par

ent

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gram

Web

site

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form

atio

n

Dis

tric

tof

Col

umbi

a

Chi

ldat

tend

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anda

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ativ

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Pro

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Agr

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N/A

N/A

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2ho

urpr

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m

Chi

ldre

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een

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wai

ve

atte

ndan

ce

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cast

les—

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rch

ild;

fee

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vers

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indi

gent

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cast

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th

prog

ram

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Sand

cast

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Non

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Nor

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ster

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N/A

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N/A

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Yes

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.gov

/

stat

epro

gram

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divo

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free

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Rol

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chil

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ee

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Rol

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632-

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ilyM

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opin

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mes

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role

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geap

prop

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lth

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s

Kid

sK

opin

g,G

ood

New

s

Com

mun

ity:

(616

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1-26

03

Fam

ilyM

atte

rs:

http

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ww

.

chil

dand

fam

ilysa

gina

w.c

om

Step

ping

Ston

es:

http

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ardc

hurc

h.or

g/

tem

plat

es/S

yste

m/d

etai

ls.a

sp?

id=

1702

&P

ID=

7978

9

Min

neso

taJu

dge

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requ

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chil

d

atte

ndan

cepu

rsua

ntto

M.S

.A.

§

518.

157

(200

7)

Sand

cast

les

(Hen

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ages

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;

Co-

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s(H

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pin

Cou

nty)

isa

man

dato

ryco

urt

prog

ram

for

chil

dren

ages

6–17

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e

*App

lies

tobo

thpr

ogra

ms

Sand

cast

les—

$45

per

chil

d;

Co-

Kid

s—$5

0pe

rch

ild

Sand

cast

les—

4ho

urpr

ogra

m–

Dra

win

g,w

riti

ngan

dta

lkin

gw

ith

othe

rch

ildr

ento

lear

nco

ping

skil

ls

Co-

Kid

s—3

hour

prog

ram

—D

evel

opm

enta

lly

appr

opri

ate

activ

itie

sth

at

enco

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ech

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tech

niqu

es,

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prac

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effi

cien

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mm

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atin

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skil

ls

No

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lies

tobo

th

prog

ram

s

Sand

cast

les—

ww

w.c

hrys

alis

wom

en.o

rg/

dive

d.ht

m#s

andc

astl

es

Co-

Kid

s—

http

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ww

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refr

ont.o

rg/

inde

x.as

p?Ty

pe=

B_B

AS

IC&

SE

C=

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lack

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Mis

sour

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Mis

sour

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Sta

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452.

605

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cour

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chil

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ages

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lies

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ms

FO

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ldre

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are

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scus

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FO

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ww

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ily-c

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/

FC

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N/A

Cou

rtA

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eth

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cepu

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ntto

NE

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§

43-2

928

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gram

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med

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Pollet/A NATIONWIDE SURVEY OF PROGRAMS 535

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Att

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site

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onta

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form

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Not

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Car

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priv

ate

fait

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sed

prog

ram

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labl

eth

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cal

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Fam

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ww

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org

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(775

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furt

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rmat

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on

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sst

atus

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isa

fait

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orce

Car

efo

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org

New

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Pro

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feel

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The

Pro

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ulta

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plet

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247-

8472

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efo

rK

ids

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4K)

isa

fait

hba

sed

prog

ram

avai

labl

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thro

ugh

loca

lch

urch

es

Non

e$1

4–15

per

chil

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hour

prog

ram

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es,

craf

ts,

role

play

ing,

disc

ussi

ons

and

wor

kboo

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ww

w.d

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org

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Yor

kN

otre

quir

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hild

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Inte

rven

tion

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gram

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DIP

)

isa

volu

ntar

y,pr

ivat

epr

ogra

mfo

r

chil

dren

ingr

ades

K-8

;

Chi

ldre

n’s

PAC

Tpr

ogra

mis

a

volu

ntar

y,pr

ivat

epr

ogra

mfo

r

chil

dren

;

Ban

ana

Split

sis

avo

lunt

ary,

priv

ate

prog

ram

for

chil

dren

in

grad

esK

-12

Chi

ldre

nof

Div

orce

Pro

gram

is

avo

lunt

ary,

priv

ate

prog

ram

for

pre-

scho

olag

ech

ildr

enth

roug

h

adol

esce

nts

PE

AC

E4

Kid

sis

avo

lunt

ary

prog

ram

for

chil

dren

.

Non

e

*App

lies

toal

lfo

urpr

ogra

ms

CO

DIP

,C

hild

ren’

sPA

CT

prog

ram

,an

dB

anan

aS

plit

sha

ve

noco

st

Chi

ldre

nof

Div

orce

prog

ram

cove

red

byin

sura

nce

asgr

oup

ther

apy

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noin

sura

nce,

cost

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ona

slid

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scal

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sed

on

inco

me

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Kid

sco

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labl

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p

sess

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and

7th-

8th

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Chi

ldre

n’s

PAC

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ogra

m—

4

hour

prog

ram

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urri

culu

man

d

supp

orti

ngre

sear

chha

sju

stbe

en

refi

ned

Ban

ana

Split

s—no

spec

ific

curr

icul

um

Chi

ldre

nof

Div

orce

prog

ram

10se

ssio

ns,

1ho

ur/s

essi

on—

Age

appr

opri

ate

gam

es,

stor

ies

and

role

play

ing

CO

DIP

,B

anan

aS

plit

s,

and

PE

AC

E4

Kid

sar

e

not

sim

ulta

neou

sw

ith

pare

nts

prog

ram

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hild

ren’

s

PAC

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ldre

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sim

ulta

neou

sw

ith

pare

nts

prog

ram

Chi

ldre

nof

Div

orce

Inte

rven

tion

Pro

gram

:

http

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ww

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ldre

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prog

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s/C

OD

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Chi

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PAC

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Les

ley

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47)

401-

9861

Ban

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Split

s:w

ww

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bana

nasp

lits

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cent

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org/

inde

x.ht

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Chi

ldre

nof

Div

orce

prog

ram

,

Mar

ilyn

Kot

cher

:(9

14)

997-

4338

PE

AC

E4

Kid

s:

Paul

J.M

elle

r,P

h.D

.

Dir

ecto

r,In

stit

ute

for

Fam

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Fore

nsic

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chol

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Sal

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unit

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Hof

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Uni

vers

ity

Hem

pste

ad,

New

Yor

k

1154

9-13

10

(516

)46

3-42

53

peac

e4ki

ds@

hofs

tra.

edu

536 FAMILY COURT REVIEW

Sta

teS

tatu

te/C

ourt

Ru

leR

equ

ired

Att

enda

nce

Opt

-Ou

tP

rovi

sion

sC

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dan

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urr

icu

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Sim

ult

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us

w/

Par

ent

Pro

gram

Web

site

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onta

ctIn

form

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n

Nor

th

Car

olin

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Not

requ

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Chi

ldre

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Supp

ort

Gro

up

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berl

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Cou

nty)

isa

volu

ntar

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urt

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chil

dren

ages

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Non

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one

1ho

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Aco

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sst

orie

s.T

hen

the

Chi

efJu

dge

wil

lsp

eak

wit

h

the

chil

dren

.

Yes

Cum

berl

and

Cou

nty

Cou

rtho

use:

(910

)67

8-29

02

Nor

th

Dak

ota

Not

requ

ired

N/A

N/A

N/A

N/A

N/A

Deb

Geb

eke,

PhD

Ass

ista

ntD

irec

tor,

FC

S

ND

SU

Ext

ensi

onS

ervi

ce

Mor

rill

311—

PO

Box

5437

Farg

o,N

D58

105

ph:

701.

231.

7179

fax:

701.

231.

8378

Ohi

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ntto

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Our

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man

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chil

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dle

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com

preh

ensi

veed

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ion

prog

ram

for

chil

dren

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rien

cing

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r

pare

nts’

sepa

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edin

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ntve

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the

prog

ram

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e

Non

e

For

Our

Chi

ldre

n:N

one

Chi

ldre

nin

the

Mid

dle:

Pro

gram

can

beta

ken

over

inte

rnet

(for

$45)

wit

hab

ilit

yto

prin

tou

tce

rtifi

cate

topr

ove

com

plet

ion

2-ho

urcl

ass;

Chi

ldre

nus

ea

wor

kboo

k,w

hich

isge

ared

tote

achi

ngth

ech

ildr

en

abou

tth

eir

feel

ings

1-ho

urcl

ass;

age-

base

d(8

–18

yrs)

grou

p

sess

ions

run

wee

kly

for

4w

eeks

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ups

shar

eex

peri

ence

san

d

wor

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ter

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Pollet/A NATIONWIDE SURVEY OF PROGRAMS 539

Continuation of Appendix A

KEY

1. States (or specific counties within a state) where all children of divorcing and separatingparents are required to attend a program;

Alabama, District of Columbia, Hawaii, Idaho, Indiana, Kentucky, Louisiana, Mississippi,Pennsylvania, Wyoming

2. States (or specific counties within a state) where judges, in their discretion, can requirechildren whose parents are separating or divorcing to attend a program pursuant to legis-lation, court order, administrative order, administrative family court memorandum, or localcourt or county rules.

Alabama, Arizona, California, Iowa, Minnesota, Mississippi, Missouri, Nebraska, Ohio,Wyoming

3. States that do not require children whose parents are separating or divorcing to attend aprogram, meaning that while a Judge may refer a child to a program, there is no legislationin place that allows the Judge the ability to mandate child attendance through a court order.

Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Kansas,Louisiana, Maine, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hamp-shire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma,Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont,Virginia, Washington, West Virginia, Wisconsin

NOTES

1. The views expressed in this article belong to Susan L. Pollet and do not reflect the views of the New YorkState Unified Court System. I am grateful to Courtney Chadwell, Maria Finocchio, Erin Hanlon and BrendaHernandez, Pace Law Student Interns, for their extensive research which formed the basis for this article and thechart and key in Appendix A.

2. Kate Stone Lombardi, Making a Case for Staying Together, N.Y. TIMES, Feb. 4, 2001, available athttp://query.nytimes.com/gst/fullpage.html?sec=health&res=9A0CE2DD143EF937A35751C0A9679C8B6.

3. Marisa LaScala, P.O.V.:We Still Love You But Not Each Other: What Happens To The Kids of DivorcedParents? WESTCHESTER MAG., May 2008, available at http://www.westchestermagazine.com/Westchester-Magazine/May-2008/POV/.

4. National Center for Health Statistics, http://www.cdc.gov/nchs/fastats/divorce.htm.5. Children’s Institute, Children of Divorce Intervention Program, www.childrensinstitute.net/programs/

CODIP/details/.6. Joan B. Kelly, Psychological and Legal Interventions for Parents and Children in Custody and Access

Disputes: Current Research and Practice, 10 VA. J. SOC. POL’Y & L. 129, 130–31 (2002).7. Constance Myers Cottongim, The School’s Role as a Support System for Children of Parental Divorce

(Dec. 2002) (unpublished Ph.D. dissertation, East Tennessee State University)(on file with the author).8. See Appendix A herein.9. See Appendix A herein.10. Id.11. Id.12. Id.

540 FAMILY COURT REVIEW

13. Id.14. Kelly, supra note 6, at 149.15. Susan L. Pollet & Melissa Lombreglia, A Nationwide Survey of Mandatory Parent Education, 46 FAM. CT.

REV. 375 (2008).16. Kelly, supra note 6, at 136.17. See Appendix A.18. Anna L. Davis et al., The Effects of Divorce on Children, 10 ABELL REP. 1, 7 (November/December 1997).19. Deborah B. Gentry, Including Children in Divorce Mediation and Education: Potential Benefits and

Cautions, 78 FAM. SOC’Y J. CONTEMP. HUM. SERVICES 307, 313 (1997).20. Robyn J. Geelhoed et al., Status of Court-Connected Programs for Children Whose Parents are Separating

or Divorcing, 39 FAM. CT. REV. 393, 396 (2001).21. Kelly, supra note 6, at 136.22. Id. at 136–37.23. Janice L. DeLucia-Waack & Rebecca A. Gellman, The Efficacy of Using Music in Children of Divorce

Groups: Impact on Anxiety, Depression, and Irrational Beliefs About Divorce, 11 GROUP DYNAMICS: THEORY,RES. & PRAC. 272 (2007).

24. Laurie Kramer et al., Implementation and Diffusion of the Rainbows Program in Rural Communities:Implications for School-based Prevention Programming, 11 J. EDUC. & PSYCHOL. CONSULTATION 37 (2000). Seealso Rainbows.org., Independent Evaluation (March 2000), available at http://www.rainbows.org/indeval.html foran evaluation of the Rainbows program, a small-group program, for children and adolescents who are experienc-ing a divorce, death, or other painful transition in their family.

25. Andrew Schepard, Court-Affiliated Educational Programs For Kids of Divorce, Separation, N.Y.L.J., Mar.7, 2002, at 3.

26. John H. Grych, Interparental Conflict As a Risk Factor For Child Maladjustment: Implications For TheDevelopment Of Prevention Programs, 43 FAM. CT. REV. 97, 105 (2005).

27. See Appendix A.28. Grych, supra note 26, at 105.29. Id.30. JoAnne L. Pedro-Carroll, Fostering Resilience in the Aftermath of Divorce: The Role of Evidence-Based

Programs for Children, 43 FAM. CT. REV. 52, 54 (2005).31. Id.32. DeLucia-Waack, supra note 23, at 272.33. Jeffrey T. Cookston et al., Prospects for Expanded Parent Education Services for Divorcing Families with

Children, 40 FAM. CT. REV. 190 (2002).34. Grych, supra note 26, at 105.35. BRITISH COLUMBIA, MINISTRY OF ATTORNEY GENERAL, FAMILY JUSTICE SERVS. DIV., REPORT ON

CHILDREN’S PROGRAMS ON DIVORCE AND SEPARATION (Mar. 2003).36. DeLucia-Waack, supra note 23, at 273.37. Id.38. Rachel A. Haine et al., Changing the Legacy of Divorce: Evidence From Prevention Programs and Future

Directions, 52 FAM. REL. 397, 397 (2003).39. Id. at 403.40. Pedro-Carroll, supra note 30, at 55.41. Id.42. Id.43. Id.44. Id. at 56.45. Id. at 55.46. Interview with JoAnne Pedro-Carroll, Ph.D., Director of CODIP (April 22, 2008); see JoAnne Pedro-

Carroll & Sheryl H. Jones, A Prevenive Play Intervention to Foster Children’s Resilience in the Aftermath ofDivorce, in EMPIRICALLY BASED PLAY INTERVENTIONS FOR CHILDREN (Linda A. Reddy ed., 2005).

47. Interview with JoAnne Pedro-Carroll, Ph.D., supra note 46.48. DeLucia-Waack, supra note 23, at 279.49. Jan Gilman et al., Children’s Ability to Cope Post-Divorce: The Effects of Kids’ Turn Intervention Program

on 7 to 9 Year Olds, 42 J. DIVORCE & REMARRIAGE 109 (2005).50. Id.51. Id. at 109–10.

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52. Bruce F. Dykeman, The Effects of Family Conflict Resolution on Children’s Classroom Behavior, 30 J.INSTRUCTIONAL PSYCHOL. 41 (2003).

53. Id.54. Id.55. Sharlene A. Wolchik et al., Six-Year Follow-Up of Preventive Interventions for Children of Divorce: A

Randomized Controlled Trial, 288 J. AM. MED. ASS’N 1874, 1875 (2002).56. Id. at 1874.57. Robert L. Fischer, Children in Changing Families: Results of a Pilot Study of a Program for Children of

Separation and Divorce, 37 FAM. & CONCILIATION CTS. REV. 240 (1999).58. BRITISH COLUMBIA, MINISTRY OF ATTORNEY GENERAL, FAMILY JUSTICE SERVS. DIV, supra

note 35.59. Joe Edgar Glenn, Divorce Education for Parents and Children in Jackson County, Missouri, 36 FAM. &

CONCILIATION CTS. REV. 503 (1998).60. Id. at 507.61. Id. at 504.62. Id. at 504; see also, Appendix A.63. Glenn, supra note 59, at 504.64. Id. at 505.65. Douglas Hanze & Karen Jamieson-Darr, Integrated Child and Parent Divorce Class Offered in Jefferson

County, COLO. LAW. May 31, 2002, at 89.66. Id. at 90–91.67. Id. at 92.68. Charlene Deiber Anaya & Jeanne M. White, Kids First, HAW. B. J., Dec. 10, 2006, at 5.69. Id. at 5–6.70. Id. at 6.71. Id. at 6.72. Id. at 6.73. Report from Jenny Schulz, Kids First Law Center to Iowa Attorney General Tom Miller (Jan. 22, 2008),

available at http://www.legis.state.ia.us/lsadocs/sc_MaterialsDist/2008/SDBAL 005.pdf.74. Id.75. Id.76. Peace: Parent Education and Custody Effectiveness, The Center for Children, Families and the Law,

http://www.hofstra.edu/pdf/law_center_family_peace.pdf77. Interview with Hon. Jane Pearl and the Administrator, Lesley Friedland, Esq., (June, 2008).78. See The New York State Parent Education & Awareness Program, www.nycourts.gov/parent-ed79. Children’s Institute, Children of Divorce Intervention Program, www.childrensinstitute.net/programs/

CODIP/details80. Id.81. Id.82. Marilyn Kotcher, The Children of Divorce Program at NYPH: Helping Families and Children Normalize

a Difficult Transition. 9 MENTAL HEALTH NEWS 8, Winter, 2007.83. Id.84. Andrew Schepard, Joan Atwood & Stephen W. Schlissel, Preventing Trauma for the Children of Divorce

Through Education and Professional Responsibility, 16 NOVA L. REV. 767, 772 (1992).85. Id. at 777.86. Id.87. Cookston et al., supra note 33, at 190–91.88. Id. at 199.89. Id. at 201.90. Schepard, supra note 25, at 3.91. BRITISH COLUMBIA, MINISTRY OF ATTORNEY GENERAL, supra note 35.92. Grych, supra note 26, at 102.

Susan L. Pollet is counsel and director of the New York State Parent Education and Awareness Program,an initiative of former Chief Judge Judith S. Kaye and Chief Judge Jonathan Lippman. She is a graduate

542 FAMILY COURT REVIEW

of Emory University School of Law and Cornell University. Prior to her position at the Office of CourtAdministration, she was the executive director of the Pace Women’s Justice Center. She is a recipient of theJoseph F. Gagliardi Award for Excellence and the Marilyn Menge Award for Service. She is the publishedauthor of fifty legal articles and is a past president of the Westchester Women’s Bar Association (WWBA)and a past vice-president of the Women’s Bar Association of the State of New York (WBASNY). She iscurrently an Officer of the Board of the NY Chapter of AFCC, is Co-Chair of the Domestic ViolenceCommittee for WBASNY and serves as Archivist and Historian for the WWBA.

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