Category: Abuse

Introduction

At the adolescence level in human growth and development, behaviors begin ensuing and may define a persons life for a long. Unhealthy traits such as addiction to substance use are rampant in society and have posed challenges to public health. When addicted to alcohol and drugs, a persons physical and mental health may be affected adversely, making the individual have permanent deformities that may limit their life. Adolescents are characterized by substance abuse due to insufficient parental monitoring and a lack of interaction between children and their parents.

Abuse of Substances and Addiction in Adolescence

Abuse of substance is a major issue affecting many young people. The current research shows that alcoholism, taking marijuana, and smoking are the top addiction behaviors for many adolescents in the US (Wong et al., 2021). By the time one reaches 12^th grade, 66% of them try alcohol, while 50% of 9^th-grade students have been reported to have used marijuana (Wong et al., 2021). The resilience scale is low in that when children get introduced to substance use, they take long before stopping the behavior. Generally, 90% of the people who meet the clinical addiction category start abusing substances at adolescence (Wong et al., 2021). The interventions that may counteract this behavior among adolescents include community, policy, incentives, and multicomponent intercessions. For example, community-based measures include controlling children by punitive measures and warnings for behaviors that reflect alcoholism or smoking (Randall, 2019). Additionally, digital intervention sensitization programs are meant to caution about addition by showcasing the adverse impacts of the matter to the affected group.

Healthy spiritual development affects the likelihood of abusing substances in adolescent years. Children who grow in religious backgrounds are trained not to abuse substances since it is against the holy teachings. If children are not shown spiritual direction on this matter, they may take the subject for granted and get exposed to it hence, addiction. For example, Christian-centric teachings prohibit individuals from disobeying God, which serves as a reminder whenever one is tempted to get into substance abuse (Randall, 2019). In the Washington Post, Dvorak (2022) discusses overdosing of fentanyl by teenagers despite drug use falling. The author says that the adolescent population number is worrying since 1146 overdoses among children between 14-18 years in 2021 (Dvorak, 2022). That shows there is an addiction to fentanyl among adolescents, thus, making the matter to be a public health issue in the US.

Based on the readings and new stories, the prevalence of addiction among children is alarming. For example, Randall (2019) shows a high rate of adolescents who abuse substances, more so those in high school. Most children are reported to have abused drugs when they get bodily desires that result from hormonal changes while one is growing. The worrying part is that the matter has resulted in mortalities (Randall, 2019). The differing viewpoints such as association of substance abuse with liberty to personal choice are considered, analyzed, and treated. The reason is that the matter has been on the key plan for the US Department of Health and Human Services. The department has employed clinical and evidence-based practices that combat the issues from data from various studies in the country.

Conclusion

Substance abuse and addiction are rampant within the adolescent age. Children abuse substances due to peer pressure, poor parenting, and lack of sufficient sensitization. The most commonly abused substances among US adolescents are alcohol, marijuana, and tobacco. More than half of the children who fall prey to this issue start at the adolescent level. Spiritual development can help curl the issue through religious teachings. Current articles show increased fentanyl abuse among teens as of 2021. Interventions include communal and digital programs to help the children avoid the vice. The US Department of Health and Human Services is working tirelessly to contain adolescents issues. There is a need to control the matter to prevent deaths that may result from addiction to substance use among adolescents.

References

Dvorak, P. (2022). The college checklist: Bedding, reading lamp, and fentanyl test strips? Washington Post. Web.

Randall, J. (2019). The potential usefulness of technological interventions to improve community-based clinicians implementation of contingency management with fidelity for adolescents with substance use disorders. Journal of Child &Amp; Adolescent Substance Abuse, 28(4), 282-290. Web.

Wong, D., Hall, K., & Wong Hernandez, L. (2021). Counseling individuals through the lifespan (2nd ed.). Sage Publications.

Introduction

Mistreatment of the elderly population is a hidden and often overlooked problem in society. Many people in the public domain have probably heard of elderly abuse and neglect but know very little beyond that, other than the occasional news coverage of problems in elderly homes. Elder abuse and neglect, sometimes called Granny Battering is not a new phenomenon, however, society has been slow to recognize the magnitude of the problem, with continued opposition of the idea that such a problem could exist. Indeed, the term Granny Battering was coined in 1975, a further testament to the fact that mistreatment of the elderly is not a recent phenomenon.

Statistics from the National Center on Elder Abuse approximate that more than one million elderly Americans faced abuse and/or neglect in 1996, a sharp rise from the figures reported in 1991, which put the number at 735,000. At the same time, the reported cases of elders who were mistreated rose from 117,000 in 1986 to 293,000 in the year 1996. Statistics on the mistreatment of adults are set to rise further as the population ages and the number of persons in elderly homes increase.

The term elder abuse and neglect has been defined to refer to any act that causes or increases the risk of harm to the health or wellbeing of an elder. Action on Elderly Abuse, a body that fights for the rights of the elderly in the UK, defines elder abuse and neglect as a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person (Perel-Levin, 2008). WHO has adopted this definition in recognition of the magnitude of the problem. Its various forms consist of physical, sexual, and emotional abuse; exploitation; and neglect. Mistreatment may be deliberate or accidental and it occurs across the socioeconomic divide.

Literature Review

A study undertaken by the Adult Protective Services (APS), the most detailed national study of state-based statistics, showed that there are 8.3 instances of abuse for every 1000 elderly Americans. The study concluded that in 2003, APS offices received 565,747 cases of suspected elderly abuse and neglect compared to 483,917 in 2000. In more than 89 per cent of these instances, the abuse was reported to have occurred in a household setting.

The first study on the abuse and neglect of the elderly was carried out in 1996. The report showed that only 21% of instances of abuse and neglect were reported to the APS, the remaining 79% were not reported. These statistics showed that almost 4 out of five instances of abuse and neglect of the elderly were not reported (National Center on Elderly Abuse, 1998).

In 2000, neglect of older adults was the most common form of elder mistreatment, making up 48.7% of all reported cases of elderly mistreatment. Psychological abuse ranked second (35.5%), followed by physical abuse (25.6%); financial/ material exploitation was third (25.6) and lastly abandonment (3.6%). Adult children made up the largest proportion of perpetrators of reported elder mistreatment at 47.3%, followed by couples (19.3%); then other relatives (8.8%) and lastly grandchildren (8.6%). The report also showed that female elders were more likely to be receive various forms abuse, except for abandonment. Although they comprised 58% of the total elderly population in 1996, 76.3% of psychological abuse victims, 71.4% of physical abuse, 63.0% of financial abuse, and 60% of neglect, which was the most common form of abuse. 37.8% of abandonment victims were women (National Center on Elderly Abuse, 1998).

Some experts believe that statistics on elder mistreatment are very much underreported. They estimate that only 1 out of 14 instances are reported to authorities (Tatara & Kuzmeskus, 1997). Using these estimates, approximately 820,000 and 1,860,000 elder suffered abuse and neglect in 1996, showing that a very high proportion of cases did not come to the knowledge of the authorities (Lithwick et al, 1999).

Mistreatment of the elderly is thought to go unnoticed and as a result, is unreported more than any other form of domestic violence. The federal government prohibits mistreatment of the elderly, and physicians are obligated to report incidents of suspected abuse or neglect to protection agencies. The problem has only been reported in medical writings. Despite studies and surveys documenting exposure to a rising of victims by medical personnel, the medical profession and government has been slow to act (DAvolio et al, 2001). Due to the lack of guidelines in reporting suspected cases of elderly mistreatment, lack of professional and public awareness, isolation of the victims, and the unwillingness of medical staff to report incidences, responses to elderly abuse and neglect by the medical community, government, and the public have been slow to cause any significant reduction in statistics relating to this problem. Such is the low level of public awareness that June 15 has been set as the World Elder Abuse Awareness Day (WEAAD) to raise global awareness of the elder mistreatment, and to highlight ways through which the vice can be fought (Nahmiash & Reis, 2000).

Forms of Abuse and Neglect

Although the definition of elder varies between states, countries and jurisdictions as to what constitute an abuse, neglect, or exploitation of old adults, there are three basic categories of elder abuse:

• Domestic elder abuse.
• Institutional elder abuse.
• Self-neglect of self-abuse.

In most cases, jurisdictions and organizations that address elder abuse provide the definition of these three categories with varying degrees of consistency. The first two forms of elder abuse can be placed into the following sub-groups:

Physical abuse

Physical abuse of the elderly is defines as any use of force that may result in bodily harm, physical pain, or impairment. It may include, but is not limited, acts of brutality such as striking (bare handed or using an object), hitting, beating, pushing, slapping, kicking, restraining, false imprisonment/ confinement, any form of physical punishment, or giving unnecessary medication (Lithwick et al, 1999).

Sexual Abuse

Sexual abuse refers to the non-consensual sexual contact of any form with the elderly, including coercing them to participate in a talk of sexual nature. It includes unwelcomed touching and all forms of forced sexual activity such as rape, forced nudity, and so on. Sexual abuse also includes situations in which a person is not able to give consent, for instance, due to dementia.

Emotional or Psychological Abuse

This form of abuse is defined as the infliction of suffering, pain, or misery through verbal or non-verbal actions. These actions may include verbal insults, threats, intimidation, humiliation, swearing, shouting or inducing fear. A common theme is an abuser who discovers something that is f of significance to the old adult and then uses it to force that person into a particular action.

Neglect

Neglect is the failure to accomplish any section of a persons roles or responsibilities. It may also constitute failure of a person who has fiduciary duties to give the required care to an elder, such as paying for home-care services, or the failure of the home-care provider to give the necessary care. Simply put, neglect means the refusal or failure to provide an elderly person with the basic requirements such as food, clothing, shelter, medical requirements, and other needs required by the elderly person (Lithwick et al, 1999). Neglect may occur intentionally or happen due to the lack of knowledge or resources to (unintentionally).

Financial Abuse/ Exploitation

This form of abuse is defined as illegal or unauthorized use of financial or material resources belonging to an elderly. This may include money, pension, or material wealth or even changing details of the persons will. It may be done through deceit, coercion, imposture, or stealing.

Response to Abuse and Neglect of the Elderly and Implications for Nursing Practice

Mistreatment of the elderly is a growing problem both in the developed and developing countries and if effective strategies are not implemented to curtail the situation, it may reach unmanageable levels. Society, caregivers and governments must make bold moves in highlighting the plight of the elderly population. The most important step toward preventing this problem is the recognition of the fact that no one, no matter the age, should be subjected to abuse or neglect of any form. Besides encouraging social attitude, constructive efforts include increasing awareness of elder mistreatment, increasing the number of resources required by this age group, promoting social contact and support for families that include an elderly person, and encouraging counseling and treatment to the elderly so that they can cope with the challenges of old age (Nahmiash & Reis, 2000).

Nursing professionals and caregivers are perhaps best placed to detect and report cases of elder abuse and neglect. In order to identify cases of elder abuse, there are signs that care providers must note. These symptoms include both visible signs and certain behaviors and when either of them is observed, a nursing professional must dig for further information in order to verify whether the older adult is being mistreated either at a domestic setting, institution or is suffering from self-neglect (Lithwick et al, 1999). Some of signs that nursing professionals should look out include:

• Bruises, broken bones, burns or any other forms of physical injury on the persons body that may indicate physical abuse, neglect, or mistreatment;
• Sudden withdrawal from normal activities, symptoms of depression, failing to take care of themselves as they used to, or lack of sleep may indicate emotional abuse;
• Not having enough money to spend or a sudden lack of money may indicate exploitation;
• Sores on the body, unattended medical requirements, and poor sanitation can indicate emotional abuse or neglect;
• Bruises around private areas can indicate sexual abuse;
• Attempting to run away from the care or foster home;
• Seeming afraid to make their own decisions;

A caregiver can also display signs that can indicate abuse of the elder person, these include:

• Taking of the older adult as a burden;
• Keeping the elder in isolation and preventing them from talking freely to visitors;
• Showing no compassion to the elder;
• Anger, indifference or aggression towards elder;
• Contradicting account of events;
• A history of substance abuse and other criminal behaviors, among others.

Apart from these symptoms, nursing professionals can use one of the numerous tools that have been designed to detect elder abuse. However, not all these tools have been widely accepted in clinical practice. They are thought of as being inaccurate, or not applicable in a wider setting, or sensitive or not reliable enough to be adopted by mainstream bodies (WHO, 2008). One of the tools that has received modest publicity is the Hwalek- Sengstock Elder Abuse Screening Test (HSEAST). This tool focuses on the various forms opf abuse and is self-report initiative. HSEAST has 15 entries in each in three domains: abuse of personal right; forms of exposure; and potentially abusive environments. Other tools include the Brief Abuse Screen for the Elderly (BASE), the Caregiver Abuse Screen (CASE), and the Elder Assessment Instrument (EAI) (Nahmiash & Reis, 2000).

Despite the lack of a standardized tool, the American Medical Association calls on its members to follow a routine screening procedure (DAvolio et al, 2001). This mainly involves early detection of elder abuse by observing the above-mentioned symptoms of the problem and undertaking further investigations. Since older adults may exhibit symptoms of a multiplicity of factors due to their age, such as frail skin, or falls (causing bruises), or confusion, it is important that the physician considers a variety of factors in order to avoid making false accusations that may strain the relationship of the elder and the caregiver. An expanded comprehension of the psychology of the elderly patient will also help in predicting abuse or mistreatment. Besides, some other potential signs of abuse may due to the persons medical condition, for instance, Alzheimers disease may cause weight loss. It is also important that the relationship between the caregiver and the older be ascertained before further investigations commence. There are situations where the caregivers are making the best out a very obstinate elder.

If a physician observes the above-mentioned symptoms of abuse of the elderly, then further investigation should commence. Such an investigation would include patient screening and biological procedures. However, the debate on whether to screen patients has been ongoing as physicians battle with the debate on the benefits and potential harms. Notwithstanding whether screening has been done or not, if a health professional suspects that an elder is being mistreated or neglected, then persons living with the elder must be assessed due to the high risk of co-occurrence of abuse or neglect.

Conclusion

Elder abuse and neglect is an ignored social and health problem that society would deny rather than confront. Indeed, the problem is comparable to that of child abuse and violence against women three decades ago. Awareness of elder abuse has only began to surface recently due to strong campaigns backed up by tangible evidence of its prevalence. Despite these campaigns, denial prevails and it will take some more time before society realizes the full scale of elder abuse. The situation is compounded by the fact that instances of elder abuse and extremely underreported, making it difficult to assess its full extent. However, a few studies have shed some light on the situation and this has increased awareness, but not to the level that can reduce the prevalence rates by a significant margin.

Early detection of elder abuse by a physician can aid in fighting the vice. Physicians must be on the lookout for signs that may indicate elder abuse and neglect, and commence further investigations to ascertain the truth. However, recommending physician investigation of suspected cases of elder abuse and use of abuse detection tools will not be enough. It takes collaborative efforts among the community, authorities, and organizations to help combat elder abuse.

References

DAvolio D. et al. (2001). Screening for abuse:barriers and opportunities. Health Care for Women International, 22:349362.

Lithwick M. et al. (1999). The mistreatment of older adults: perpetratorvictim relationships and interventions. Journal of Elder Abuse and Neglect, 11:95112.

Nahmiash D., Reis M. (2000). Most successful intervention strategies for abused older adults. Journal of Elder Abuse and Neglect,12:5370.

National Center on Elderly Abuse. (1998). The National Elder Abuse Incidence Study. Final Report. September 1998.

Perel-Levin, S. (2008). Discussing Screening for Elder Abuse at Primary Health Care level Discussing Screening for Elder Abuse at Primary Health Care level. Geneva: WHO Document Production Services, Geneva, Switzerland.

Tatara T., Kuzmeskus L. B. (1997). Summaries of the statistical data on elder abuse in domestic settings for FY 95 and FY 96. Washington, DC: National Center on Elder Abuse, vii-ix.

One of the critical problems of modern adulthood continues to be teens turning to substances in search of easy fun or an escape from reality. The U.S. government lists the main reasons why teens turn to this addiction as an attempt to relieve boredom, to forget their problems and satisfy their curiosity, to feel like an adult or independent, and to feel a sense of belonging to a group of people (US DEA, 2021). Another factor may be the adolescents social structures and everyday interactions with society, especially if there is a romanticization of substances in the media or if the adolescent belongs to vulnerable racial and socioeconomic groups (Kaufman et al., 2021). This multiplicity of factors leads to the need to look at each case of substance abuse individually, because just because one adolescent started using drugs because of family problems does not mean that all others use the same excuses. Regardless of the cause, however, drug abuse is a significant threat to social well-being. Statistics show that one in two adolescents have used substances at least once in their lives, with a 61% increase in just four years (NCDAS, 2019). It follows that the prevalence of this problem is extremely high and increasing, which means that psychoactive substances are becoming more available. Accordingly, policymakers and society need to proactively address this threat and explore the nature of substance abuse and its potential consequences at a deep level.

Consequences of Substance Abuse

Substance use, particularly during adolescence, has destructive consequences for the physical and mental health of individuals and affects social well-being. In terms of personal physical health, research suggests that the consequences include a general decline in well-being and the development of chronic diseases, primarily related to the respiratory and vascular systems (Chavan et al., 2020). The research is broader with regard to an adolescents mental health: abuse can lead to the development of depression and dissociative disorders, loss of mood, and neuropsychiatric behavioral dysfunction (Thorpe et al., 2020). In other words, an adolescent who uses substances will experience problems with his or her health and objective perception of reality. This, in turn, poses a threat to those around them. Taquette and Monteiro (2019) and Thorpe et al. (2020) showed that such adolescents may be aggressive and dangerous to people and may use violence against them. It follows that deviance is a hallmark of adolescents who abuse substances.

Problems in relationships with relatives are not insignificant consequences of such abuse. Family dynamics should be viewed from two perspectives: that of the addicted adolescent and that of his or her family members. Substance use causes the adolescent to exhibit dysfunctional behaviors, such as aggression, apathy, or violence toward family members (Taquette & Monteiro, 2021). As a result, the familys well-being is compromised and vulnerable to destruction due to the adolescents deviant behavior. On the other hand, family members are interested in maintaining stability and comfort in their lives, so they may resort to adaptive patterns to achieve homeostasis. These adaptations may be unhealthy, especially if they attempt to satisfy or are manipulated by the adolescents destructive desires (NIH, 2020). At the same time, family members may use violence in response to the adolescents aggression, which also affects family well-being and leads to regular stress among family members. As a result, the family dynamic of living with a substance-using adolescent is downwardly spiraling and creates many problems for all involved.

Theoretical Paradigms

The problems of adolescent substance use, as well as the deteriorating social dynamics involved, are interesting to consider through theoretical research paradigms. Social control theory posits that an individuals behavior is conditioned by his or her sense of belonging to existing institutions (Thompson, 2020). Deviant behavior, which includes substance use and its resulting destructive consequences, is then conditioned by a sense of detachment and isolation from communities such as family, school, and friends. Adolescents, who are highly perceptual and vulnerable, experience separation painfully and may resort to substance use to escape their uncomfortable reality. The theory suggests that this situation can be remedied by strengthening ties to institutions, thereby exposing the adolescent to socialization.

The adolescents submission to peer opinion, i.e., exposure to pressure and lack of will, can be explained in terms of social learning theory. This theory suggests that individuals learn new knowledge and skills most effectively by observing and imitating others (Akers & Jennings, 2019). In other words, adolescents see traits and characteristics in their peers that lead them to respect them, associate that authority with substance use, and strive to achieve the same outcome themselves. Lack of critical thinking and weakness increase susceptibility to pressure, so to correct the problem, it is recommended that the adolescent be removed from the harmful influence of others.

The context of family dynamics is also interesting from a theoretical point of view. It is important for the individual to know how he or she is perceived by society, especially by those closest to him or her. Labeling theory states that when a community labels an adolescent as the wrong person, the likelihood of deviant behavior on the part of that adolescent increases (Bernburg, 2019). Eventually, he or she stops seeing avenues for personal development other than those that have already been labeled  it is safe, easy, and convenient to conform to the vision that has already been formed. It is also true that intrafamilial relationships affect the teenager  because of changes in age and transition to new social roles, the stability of old patterns fluctuates. The teenager begins to understand that he or she is no longer the little child of his or her parents, which triggers the process of separation. If at this stage there is poor communication in the family, a lack of established relationships and a sense of cohesion, the teenager may turn to the use of psychoactive substances as a way of escaping reality through the experience of an internal age crisis.

Conclusion

In summary, adolescent substance abuse is one of the most serious, urgent, and growing social problems. Substance use is facilitated by a variety of factors that must be considered on an individual basis. An adolescent who turns to substance use experiences personal health and relationship problems that affect, among other things, family dynamics. From a theoretical research perspective, it has been shown that substance use can be attributed to adolescent crises, lack of established communication, and lack of a sense of belonging. Social interactions can be especially painful for adolescents who have entered the stage of adulthood, so they need support and an individualized approach to overcome internal conflicts and trauma.

References

Akers, R. L., & Jennings, W. G. (2019). The social learning theory of crime and deviance. In M. D. Krohn, N. Hendrix, G. P. Hall, & A. J. Lizotte (Eds.), Handbook on crime and deviance (pp. 113-129). Springer.

Bernburg, J. G. (2019). Labeling theory [PDF document]. Web.

Chavan, R. H., Bagwan, M. L., & Hingane, L. D. (2020). Drug dependences, drug abuse, addictive drug & their treatment. World Journal of Pharmaceutical Research, 10(3), 391-412. Web.

Kaufman, M. R., Bazell, A. T., Collaco, A., & Sedoc, J. (2021). This show hits really close to home on so many levels: An analysis of Reddit comments about HBOs Euphoria to understand viewers experiences of and reactions to substance use and mental illness. Drug And Alcohol Dependence, 220, 1-17. Web.

NCDAS. (2019). Drug use among youth: Facts & statistics. National Center for Drug Abuse Statistics. Web.

NIH. (2020). Substance use disorder treatment and family therapy [PDF document]. Web.

Taquette, S. R., & Monteiro, D. L. M. (2019). Causes and consequences of adolescent dating violence: a systematic review. Journal of Injury and Violence Research, 11(2), 137-147. Web.

Thompson, K. (2020). What is social control? Revise Sociology. Web.

Thorpe, H. H., Hamidullah, S., Jenkins, B. W., & Khokhar, J. Y. (2020). Adolescent neurodevelopment and substance use: receptor expression and behavioral consequences. Pharmacology & Therapeutics, 206, 1-30. Web.

US DEA. (2021). Why do teens use drugs? United States Government, Drug Enforcement Administration. Web.

The current estimation of children exposed to domestic violence at home is in the millions. Past studies have investigated the prevalence of child domestic violence abuse, and the results conclude that there is an average fatality rate of 2.2 children for every 1000 (Brown et al., 2022). The stark reality of this issue becomes more tragic because such a high mortality rate makes homicide in children even one of the leading causes of death (CDC, 2022). The child abuse numbers show that approximately one in every four kids faces neglect or abuse (Brown et al., 2022). For maltreatment, the physically abused account for eighteen percent, the neglected seventy-eight percent, and those sexually abused for nine percent (Brown et al., 2022). With these figures articulating the seriousness of this issue, this study hypothesizes that documenting the importance of reporting child domestic violence abuse is necessary for mitigating its adverse effects. This paper attempts to reconcile why reporting child domestic violence abuse alleviates adverse health outcomes for victims under five years by analyzing age, health status, and disabilities to decipher the impact on the childs self-esteem.

Various forms of abuse and violence can occur no matter the setting in which a child grows up calling home. The best way to proceed involves incorporating stratified sampling due to its advantage in drawing precise conclusions by guaranteeing all subgroups in the under-five-year target population get an accurate representation. Firstly, the issue of disability stands out due to their shortcomings in developing their physical, mental, emotional, and even social features (Child Welfare Information Gateway, 2020). It puts them at risk of getting bullied and neglected because they are different, resulting in the inability to come to terms with their disability, hence impacting their self-esteem in the long term.

Secondly, age is a crucial part of this study since the data on child domestic violence abuse shows that the more vulnerable the individual, the more likely they are to become a victim. A clear statistic is that the demographic that faces the most abuse is babies under one year, while twenty-five percent of victims are under three years old (HealthyChildren, 2022). The individual ages covered under the blanket coverage of five years of age in the study will take advantage of stratified sampling, allowing in-depth analysis for each age group. The result is that the child as an adult will experience negative feelings, even positive experiences, due to the constant overt expression that it is the victims fault.

With a focus on neglect and maltreatment in children, specifically those under five years of age, violence can take on any form. The most common ones entail emotional, sexual, and physical violence. When violence against children occurs, it can be in a community setup, the family home, the school setting, or on an online platform (UNICEF, 2020). Sometimes, the child does not have to be the victim, and witnessing the violence and abuse is enough to scar them with negative behavioral and psychological consequences. The health status factor articulates this aspect by presenting the health status of the parent or legal guardian as the risk factor. It is a family-level risk factor that can affect the childs future.

The data collection phase would entail complementary factors, which will be suitable for stratified sampling. These factors are many, including poverty levels, intimate partner violence, and drug abuse (Austin et al., 2020). Most studies portray child abuse as a more detrimental issue, resulting in more long-term psychological effects compared to neglect (Gonzalez et al., 2022). The study focuses on the dual exposure effect where the child suffers abuse, especially neglect and violence, which falls under the definition of child maltreatment by the WHO (Gonzalez et al., 2022). With an investigation built on strengthening research towards child domestic violence abuse, the best way to collect the data is through medical records, data from Child Protection Services, and the information availed by community services. It allows data collected to remain objective, genuine, and anonymous in its usage in the study, thus guaranteeing validity and reliability.

References

Austin, A. E., Lesak, A. M., & Shanahan, M. E. (2020). Risk and protective factors for child maltreatment: A review. Current Epidemiology Reports, 7(4), 334-342. Web.

Brown, C. L., Yilanli, M., & Rabbitt, A. L. (2022). Child physical abuse and neglect  StatPearls  NCBI bookshelf. National Center for Biotechnology Information. Web.

CDC (2022) Facts about suicide, Centers for Disease Control and Prevention. Centers for Disease Control and Prevention. Web.

Child Welfare Information Gateway. (2020). Child factors that contribute to child abuse and neglect. Web.

Gonzalez, D., Mirabal, A. B., & McCall, J. D. (2022). Child abuse and neglect  StatPearls  NCBI bookshelf. National Center for Biotechnology Information. Web.

HealthyChildren. (2022). Child abuse and neglect: What parents should know. Web.

UNICEF. (2020). Violence against children. Web.

The Substance Abuse Subtle Screening Inventory, also referred to as the SASSI, was created by Dr. Glenn A. Miller in 1985, revised in 1994 and is now in its third edition. The instrument is a screening questionnaire used on people who depend on substances. It is a brief self-report, easily administered psychological screening measure available in separate versions for adults and adolescents. It is said to detect substance use with high accuracy regardless of the respondents honesty and motivation (Feldstein & Milller, 2017).

The SASSI includes face valid and subtle items with no apparent relationship to substance use. The subtle items are included to identify some individuals with alcohol and other drug problems who are unwilling or unable to acknowledge substance misuse or symptoms associated with it. Support materials for the screening inventory are included user guides containing simple instructions for administering, scoring, interpretation, and manuals providing thorough information on development, consistency, and validity.

Description of Test

The SASSI is a simple, brief one-page paper-and-pencil questionnaire completed in 10 to 15 minutes. The SASSI is easy to administer to individuals or groups and can be objectively scored by hand and interpreted, based on objective decision rules, in a minute or two. Optical scanning equipment is available for mass scoring and interpretation. It does not require a high level of reading ability. The SASSI may be used by a variety of programs and professionals, including school counselors, student assistance programs, and employee assistance programs.

The SASSI went through rigorous scientific development for more than a decade before being first published in 1988. It included two new scales; the SASSI-2 published in 1994 and the SASSI-3, published in 1997 with a new scale and improved accuracy. Selected items on the SASSI were based on established research methods and statistical analysis.

Some queries on the questionnaire about client experiences related to alcohol and other drugs are answered on a 4-point scale which ranges from never to repeat. Some items that may appear unrelated to substance use (indirect or subtle items) are in a true/false format. The items make up ten to fourteen sub-scales, and the results are reported on a profile form discussed with the subject, separated according to gender.

The SASSI-3 can be evaluated or read in 15 minutes and it contains two sides, Side one, which has 67 items used to conquer dissimulation and side two which has 12 items specific to alcohol use and 14 items for other substance use (Laux & DuFresne, 2022).

Statistical and Normative Data

The SASSI-3 has an overall accuracy of 93% (K et al., 2021), which is not affected by age, gender, ethnicity, occupational status, socioeconomic status, marital status, educational level, drug of choice, and general level of functioning. The adolescent version of the SASSI has been available since the 90s. The version of the Adolescent SASSI (SASSI-A2) has a 95% overall accuracy (Miller, 2001). The SASSI-A2 is designed to screen individuals 12 to 18 years old. The client will review the profile of the SASSI results. A profile graph compares the scores to normal people (also called a normative sample). Feedback is then given regarding whether the individual has a high or low probability of having a substance dependence disorder. Individual scale scores may develop ideas or hypotheses for further evaluation, treatment, and research. The information is based on clinical experience with the inventory (Gray, B. Thomas., 2001).

The results may indicate symptoms (like inability to acknowledge personal weaknesses or focusing on others needs while unaware of ones own needs). The results may suggest an approach with the client (increasing awareness or acknowledging and validating their feelings). The results may suggest a treatment plan to which the client may respond (for example, an education-focused program and self-help groups). Finally, the results may show appropriate treatment goals for the client. Providing feedback about SASSI results is to have a two-way sharing and understanding of descriptive and not judgmental.

Current Use of the Test

The SASSI-3 is the most commonly used commercial screening tool by master addictions counselors (Juhnke, Vacc, Curtis, Coll, & Paredes, 2003). Reports from publication manuals and subsequent psychometric research shows that the SASSI-3 reliability and validity estimates surpassed those created by instruments meant to measure the same constructs. It also showed that the SASSI-3 has a high sensitivity rate even across various levels of change in the population (Laux et al., 2012).

The SASSI is a good tool in assessing disorders brought by substance abuse. The tool is not designed to tell if someone is an addict; it aims to screen a person with a high probability of having a substance dependence disorder. We should remember that a skilled professional is the only one who can perform a thorough assessment. The assessment integrates other available information, such as self-report and family history. This comprehensive assessment is required to determine if an individual meets the accepted standards in the mental health professionals handbook, Diagnostic and Statistical Manual of Mental Disorders, for a clinical diagnosis of a substance-related disorder.

Personal Evaluation

The Abuse Subtle Screening Inventory is a highly dependable tool for assessing individuals with the probability of having a substance dependence disorder. Having data on the severity of substance abuse helps better clinical interventions that could help improve quality of life. Since the SASSI is easy to use, process, and assess, psychologists can use this inventory screening tool during patient sessions to determine if a recommendation is warranted.

Conclusion

A suggestion that future research should focus on revising the subtle scales to produce a more valid instrument. As logically and empirically derived screening instruments have assets and limitations, a valid instrument that incorporates both is greatly needed. The SASSI-A2 is beneficial in that it is effective even with people unable to acknowledge their behaviors, it has two scales for measuring risk caused by the adolescents friends and family, and the adolescents attitude towards substance use and misuse (Iskuith, 2022).

References

Balkin, R. B., & Juhnke, G. A. (2018). Marriage, substance abuse, and suicide assessment. In Balkin, R.B., & Juhnke, G.A. (Eds.), Assessment in counseling: Practice and application (pp. 200-205). New York, NY: Oxford University Press.

Clements, R. (2012). Psychometric properties of the substance abuse subtle Screening inventory-3. Journal of Substance Abuse Treatment, 23(4), 419-423.

Iskuith, P. (2022). Adolescent Substance Abuse Subtle Screening Inventory | PAR. Web.

Laux, J. M., Piazza, N. J., Salyers, K., & Roseman, C. P. (2012). The substance abuse subtle screening inventory3 and stages of change: A screening validity study. Journal of Addictions & Offender Counseling, 33(2), 82-92.

Lazowski, L.E., & Geary, B.B. (2019). Validation of the adult substance abuse Subtle Screening Inventory-4 (SASSI-4). European Journal of Psychological Assessment, 35(1), 8697. Web.

Tiburcio, N.J., Baker, S.L., & Hanauer, M. (2019). Detecting faking good with the adolescent substance abuse Subtle Screening Inventory-SASSI-A3: A clinical response to alcohol & other drug use minimization among teens. Alcoholism Treatment Quarterly, 38(3), 356-363.

Social workers should cooperate with clients to understand their problems and intentions. In this paper, attention is paid to Brandon, a 12-year-old boy who survived his fathers sexual abuse at the age of 6 and experiences post-traumatic stress disorder at the moment (Plummer et al., 2014). There are many adolescents with similar problems in social work practice, and the task is to support and promote welfare with time. The ecological model will be applied in this analysis to explain Brandons behavior at micro/mezzo/macro levels and identify the challenges for a social worker and the strengths of Brandon.

Approach

A social worker found it effective to work with Brandon using the trauma-focused cognitive behavioral therapy approach. Its main idea is to address the emotional and mental health needs of patients who survived traumas. Sexual abuse and violence are sources of post-traumatic stress and depression. Brandon was diagnosed with both disorders, and the goal of a social worker was to establish a favorable environment for Brandon to express feelings and control negative behaviors (Plummer et al., 2014). With time, the patient starts talking to his mother and sharing his trauma to comprehend what he does right and wrong.

Ecological Model

The ecological model is frequently used by social workers as a possibility to develop strategies and influence the client system through psychological and social factors. According to Holt et al. (2011), the ecological perspective aims at examining human interactions within a social environment at different levels. The ecological perspective is characterized by the possibility to understand human behavior through recognizing individuals and individual family systems functioning within their environments (Zastrow et al., 2019, p. 32). The social environment is one of the key ecological terms that describe human interactions and conditions under which people communicate and cooperate.

In the social environment, people are constantly involved in certain behaviors and decision-making processes that can be characterized through the prism of three systems. Zastrow et al. (2019) define a system as a set of elements at micro, mezzo, and macro levels. At the micro-level, a person should understand individual roles and activities within a particular setting. In case of Brandon, a social worker should help to understand what hurts him and how to cope with the problem, focusing on the role of a son or a friend. Physical and psychological development needs to be promoted to explain that there is no Brandons fault in such treatment of his father. Cooperation between a social worker and a child at the micro-level may include the discussion of the circumstances under which Brandon makes decisions or interact with peers.

At the mezzo-level, attention is paid to the relationships developed in Brandons family. This part of the environment includes different social groups or a family where individuals are identified as a part of a community. A social worker can recommend Brandon to play with peers and participate in school activities in order to observe how other people behave and compare personal abilities and knowledge. The conditions under which the trauma was made, the reaction of the mother, and the outcomes of the father are discussed. However, Zastrow et al. (2019) also underline the worth of nonverbal communication. In this case, Brandon could use his narrative writing skills and assess recent changes.

Finally, the macro-level covers the impossibility of the community to protect Brandon and children with similar problems. At this level, Zastrow et al. (2019) suggest focusing on the impact of larger groups on patients development. To help Brandon, a social worker may offer visiting support groups where people share their experiences and use collective power to cope with emotional stress. There are many services that children and adolescents may use to stabilize their conditions and see how other people cope with similar problems. It is also possible for a social worker to promote cooperation between Brandon and his teachers. Many educators understand the worth of a link between peers and recognize the outcomes of child abuse. Additional time for analysis, special assignments, and physical contact can be improved in regard to Brandon.

Strengths and Challenges of Assessment

One of the major strengths the social worker could miss in the assessment of Brandon and his mother is his possibility to complete a narrative, mentioning the details of his experience, emotions, and attitudes toward parents. The mother also provided a supportive space, which serves as a solid contribution to Brandons recovery. Instead of focusing on his communication skills, the social worker could develop some written interventions. The point is that the process of socialization that usually occurs in childhood plays an important role in understanding appropriate language and values (Zastrow et al., 2019). Brandon was challenged by his fathers behavior and got access to wrong knowledge and inappropriate human interactions. Another challenge for a social worker is the impossibility of establishing a dialogue between the rights of children and parents in regard to human rights (Roose & De Bie, 2008). Brandon knew nothing about his rights and opportunities, and sexual abuse distorted the truth for the child.

Conclusion

In general, the situation in which Brandon was discovered is complex. The ecological model is helpful in terms of dealing with uncomfortable feelings and roles that were not followed. However, it is necessary for a social worker to help the client at different levels simultaneously to fulfill the hole in socialization and communication process that was created several years ago. The child could not talk and use his feelings to the father as an explanation of his behavior. As a result, at this moment, the social worker is challenged by the necessity to explain the worth of human rights, childrens rights, and parental responsibilities.

References

Holt, N., Kingsley, B., Tink, L., & Scherer, J. (2011). Benefits and challenges associated with sports participation by children and parents in low income families. Psychology of Sport & Exercise, 12(5), 490499.

Plummer, S. B., Makris, S., & Brocksen S. M. (Eds.). (2014). Social work case studies: Foundation year. Laureate International Universities Publishing.

Roose, R., & De Bie, M. (2008). Childrens rights: A challenge for social work. International Social Work, 51(1), 3746.

Zastrow, C. H., Kirst-Ashman, K. K., & Hessenauer, S. L. (2019). Understanding human behavior and the social environment (11^th ed.). Cengage Learning.

Both Buddha and Christianity figures can be analyzed to determine their assertions compared to Aristotles Doctrine of the Mean. Ethics has been encouraged by many religions and philosophers to enable people to interact with ease. For example, Christians focus on the experiences of Jesus, where he taught his followers the Lords Prayer and the parable of Good Samaritan (Williams 6). Buddhism has also focused on how people relate and interact in the community, whereby morality has been emphasized. Therefore, one can examine various aspects that have been analyzed by Aristotle, Buddha, and Christians regarding ethical behaviors.

Gods laws that focus on moral behaviors are one of the aspects involved in Sermon on the Mount. Christians primarily use Jesuss teachings to guide them in everything they do. Consequently, every individual has been mandated to ensure that their actions do not oppress other people. The lessons of the Sermon on Mount relate to Aristotles guidance regarding human actions, where just behaviors are encouraged.

Ethics has also been considered in the Buddhas Sermon at Benares. For instance, the text reveals that a wicked man who reproaches a virtuous one is similar to an individual who looks up and spits at heaven (Niwat 52). Moreover, it inspires people not to revenge but act ethically when others do them wrong. The Sermon at Benares shows the need for people to appreciate others and act justly. The basic idea of Buddhas preaching in the Sermon is that everyone will face demise, and no person can escape death. Thus, individuals should value and respect others regardless of their differences.

Both assertions relate to Aristotles Doctrine of the Mean since it also focuses on moral behaviors. Aristotle argued that humans should reason their way of virtue to ensure that they set standards for acting in different situations. The philosopher has used the principle of mean to show that various factors impact peoples actions. Thus, individuals can focus on the aspects that can lead to good acts. In essence, the moral practice has been encouraged in Aristotles Doctrine of the Mean, Sermon on the Mount, Buddhas Sermon at Benares, and Buddhas Sermon on Abuse.

References

Niwat, Phramaha Phaithun. The Path to Supreme Happiness. Journal of International Buddhist Studies College, vol. 4, no. 1, 2018, pp. 47-56. Web.

Williams, Nathan Timothy. Raching the Sermon on the Mount: Learning to Be Kingdom Disciples from Matthew 5-7. 2018. PhD dissertation. Web.

Introduction

Sexual abuse in childhood is an urgent social issue, which reverberates into adulthood. People who have been subjected to sexual crimes need professional psychological help long after the event transpired. However, despite the overall understanding that therapy is important for healing child sexual abuse (CSA) survivors, the scientific data explaining how to approach such clients is too scarce and has to be systematized. Five papers have been chosen for this purpose, with each having some insight into approaching victims of early sexual abuse. Evaluating these papers is essential in ascertaining the most appropriate way to work with CSA clients for therapists in training.

Evaluation

Childhood sexual abuse and adult developmental outcomes: Findings from a 30-year longitudinal study in New Zealand by Fergusson et al. (2013) is a study of effects that child sexual abuse has on adults. The research uses the longitudinal design, thus ensuring the consistency of results over time. The overall timeframe is thirty years, over the course of which 1265 children were assessed eight times: at birth, four months, one year, annually to age 16, then at ages 18, 21, 25, and 30 (Fergusson et al., p. 671). The methods used for data collection incorporated interviews, standardized testing, and analysis of reports prepared by teachers as well as official records.

The results of the study yielded five primary statistical tendencies. First, there is a strong correlation between child sexual abuse and the probability of mental health issues in later life. Particularly, 95% of those who had experienced such form of abuse reported a psychiatric disorder (Fergusson et al., p. 673). Second, exposure to sexual crimes has been shown to precipitate Post Traumatic Stress Disorder, which leads to the loss of satisfaction form life and relationship degradation. Third, participants who experienced abuse were also more likely to engage in sexual activities at an earlier age, with many of them experiencing unintended pregnancies. Fourth, victims had more hospital contacts and doctor visits than those who were not subjected to sexual violence. Finally, the CSA participants had lower quality of life, which took the form of school abandonment, financial dependence, and low income.

This paper is valuable because of the use of a longitudinal study design. This is the only research that analyzes subjects over a period of decades, while other ones revolve around a series of interviews done within a relatively short period of time. Another benefit of the design is the ability to compare the lives of people who experienced child sexual abuse to those who were not affected in such a way. At the same time, this study has a major limitation, which stems from sample selection. All participants are of the same age, which implies that findings cannot be fully extrapolated to representatives of other birth cohorts.

Talking therapy services for adult survivors of childhood sexual abuse (CSA) in Scotland: Perspectives of service users and professionals by Chouliara et al. (2021) is a study of the benefits that therapy talks have for CSA survivors. The research employs semi-structured interviews as the main instrument of data collection. Overall, forty-four participants were involved, with thirteen survivors of child sexual abuse and thirty-one professional therapists working in this field. This setup allowed the researchers to receive input from both CSA survivors and professionals, thus ensuring greater credibility of their analysis.

Overall, the study highlighted the importance of therapy for psychological recovery of sexual abuse survivors. Development of a trusting therapeutic relationship has lifted mental barriers that prevented the victims from disclosing their thoughts. Furthermore, this relationship has fostered the atmosphere of safety, which was also an essential component of the survivors openness. Discussions with therapists have broken the sense of isolation that many victims felt. The self-esteem of survivors received a positive boost following the therapy. Finally, they have learned to contextualize abuse, which is an integral component of emotional recovery.

At the same time, the study has identified a number of challenges preventing the delivery of therapy. First, both sides pointed out the difficulty of focusing on trauma, which requires substantial preparation from survivors and professionals alike. Second, the absence of contact between therapists and clients between the sessions had a detrimental effect on the development of trust. Third, ensuring consistency via working with the same professional proved to be another challenge. Fourth, in some cases, acute episodes of mental health had no professional treatment due to the lack of contact. Fifth, professionals themselves experienced strong discomfort from working with psychiatric clients. Finally, a common complaint was the lack of adequate child protection that worried both therapists and CSA survivors.

The value of this study lies in the involvement of both therapists and survivors. Victims of child sexual abuse may not accurately describe their current emotional state, while psychotherapists cannot objectively assess the results of their work. Combining the perspectives of both sides allows for a more comprehensive overview of therapeutic efficiency. The studys main limitation is that the researchers decided not to check the qualifications of participating therapists for the fear of intrusion. For the same reason the survivors were not asked to share records of history of abuse. These setbacks might compromise the credibility of the studys findings.

Working relationally with clients who have experienced abuse: Exploring Counselling psychologists experiences using IPA by Golsworthy and Malcolm (2020) is another study exploring the efficiency of therapeutic work. The authors of the study use interviews to gain insight from six counselling psychologists. Beyond them, there were no other respondents involved, which might compromise the sample size as insufficient. The authors themselves believe that such a selection ensures the involvement of counselling psychologists who are actually able to contribute meaningfully to the study (Golsworthy & Malcolm, 2020, p. 147). The interviews were held once, without any subsequent sessions to confirm or complement earlier responses.

The study has ascertained three main themes appearing in the collected data. First, researchers have observed the emergence of The Holding Environment, which refers to the atmosphere of trust and empathy between therapists and clients. The second theme was labeled as The Personal Versus The Professional, which underscored the importance of distinguishing sympathy with survivors from professional judgment (Golsworthy & Malcolm, 2020, p. 151). The final observation was that therapy caused clients to have internal responses, which had to be externally communicated to therapists. This is a challenging task, as it requires deep concentration and extensive knowledge of non-verbal signs.

This research solves the problem of the previous paper, which was the lack of confidence in clinical experience of participating therapists. The authors of this study have ensured that study subjects are capable of sharing experience-based insight. However, the first limitation is that there are too few participants to form a comprehensive assessment that can be extrapolated to larger population. The authors of the study also acknowledge that even experienced professionals are vulnerable to biases, which is the second limitation (Golsworthy & Malcolm, 2020, p. 157). Ultimately, this research is useful for understanding the therapists viewpoint when working with CSA survivors since professional challenges are the main focus of the research.

Survivorled relational psychotherapy and embodied trauma: A qualitative inquiry by Forde and Duvvury (2021) is a study of the effects of a humanistic integrative therapy on CSA clients. The design of the research was qualitative in nature, as participants perception was its focus. The number of involved people was twenty-three, with eleven survivors of sexual abuse in childhood and twelve psychotherapists. This is not a longitudinal study as all interviews transpired only once. As a result, any data collected during the research was limited to that specific time period, without any later confirmations or rebuttals.

Analysis of interviews with psychotherapists and CSA survivors has uncovered four main themes. First, it was established that past trauma can heavily influence the current mental state of victims of sexual abuse. However, the humanistic integrative therapy has enabled them to better cope with anxiety and depression, which boosted their psychological well-being. Second, the study has ascertained the reluctance of survivors to accept the present moment while attaching excessive importance to the future or the past. The therapy helps the victims by focusing their minds on their current emotional state. The third theme was the significance of developing the atmosphere of trust between the therapists and clients before starting therapeutic work. Without rapport, clients were not able to overcome shame, grief, and anger. Fourth, for those clients that did build strong rapport with professionals, the therapy helped them release negative emotions and recover from the psychological trauma.

Whereas previous studies, discussed the importance of the overall therapy for CSA survivors, this is the first research that investigates the effectiveness of a particular therapeutic approach. The reason why it is valuable is that this paper has specific practice-related recommendations for working with CSR victims. The authors do admit that their findings are conclusive only for those participants that underwent the entire therapy course. There were also survivors who abandoned it before completion, thus making its usefulness for them doubtful (Forde and Duvvury, 2021). Overall, the paper provides invaluable insight into a narrow and complex field of healing traumas with humanistic integrative therapy.

How adults tell: A study of adults experiences of disclosure to child protection social work services by Mooney (2021) is a study of the problem of child abuse disclosure. As with previous studies, the primary data collection method was interviews. The sample size is the smallest of all studies  five participants in total, all of whom are CSA survivors. At the same time, this study is unique in that its data collection incorporated two sub-sessions. The first one was a single question used to induce narrative, the purpose of which is to ensure that respondents answer the question without being interrupted or directed by the interviewer. The second sub-session consists of follow-up questions by the interviewer based on the participants first response. This structure is effective for gaining useful insight from CSA survivors without actively encouraging them to disclose their traumatic experiences.

The study has three key findings relevant to the problem of child sexual abuse disclosure. First, there are systemic barriers preventing victims from sharing their experiences. Specifically, issues such as poor administration and communication, undue delays and a lack of training and support for staff have been identified in respect of assessment and management of adult disclosures of childhood sexual abuse (Mooney, 2021, p. 198). Second, participants reported uneasiness, which originated from social workers power and authority. For example, understanding that any notion of sexual abuse would be immediately reported made some of the survivors apprehensive and worried. Third, participants responses indicated fear of exacerbating their mental condition after approaching social workers. Specifically, Mooney (2021) writes that system of receiving and assessing adult disclosures has a potential to re-traumatise (p. 199). In total, incompetence of social workers and psychological pressure dissuaded CSA survivors from seeking help.

This paper is especially important because it explores the rarely discussed issue of sexual abuse and recovery. Before any therapy can begin, the fact of child sexual abuse should be established first. Yet, no other study accentuates the importance of disclosure as Mooney (2021) does. Furthermore, the author of the research collects data in a unique way  instead of directly asking participants predefined questions as other studies do, he allows them to choose what to talk about. This subtle technique eases psychological pressure on survivors and minimizes professional bias. However, this approach does have a potential weakness in that participants could have offered responses, which are not relevant for the study. Meanwhile, the strict protocol did not allow the interviewers to correct them.

Critical Review

Four main themes can be identified among the explored papers. The first theme is the inherent significance of therapy for CSA survivors. All studies argue that sex-related psychological traumas can persist for decades, causing depression, anxiety, and other mental health issues. Therefore, it is important to ensure that victims receive therapy or at least understand its significance even if they do not consciously recognize the presence of trauma. Mooney (2021) showcases how to communicate with reluctant clients  allowing them to lead conversation and asking follow-up questions. The goal should be to keep the CSA survivors engaged and motivated enough to complete the therapy.

The second theme is the importance of the atmosphere of trust for a successful therapy. Chouliara et al. (2021), Golsworthy and Malcolm (2020), and Forde and Duvvury (2021) all argue for building rapport with clients. It is essential to understand that a positive atmosphere should be established before the therapy begins. The more the client is convinced that they can trust the therapist, the more they will be willing to share. Similarly, positive relationship will motivate the client to put efforts into therapy. Chouliara et al. (2011) advise that therapists keep contact with clients between sessions. Such a subtlety informs the survivor that the therapist is engaged and willing to help.

The third theme is the fear of the system that surrounds sexual abuse and recovery. Mooney (2021) and Chouliara et al. (2011) were specific in outlining the negativity perceived by CSA survivors in relation to social workers and therapists. Both are seen as figures with power and authority, which prevents survivors from connecting with them. Therefore, it is important for therapists to use conversation techniques that make the formal context seem less strict. It is important to avoid situations when the clients fear of therapists authority is reinforced. If such an atmosphere is created, the survivor is likely to reject therapy and become unresponsive.

The fourth theme is the importance of focusing on the present. Forde and Duvvury (2021) and Chouliara et al. (2021) have a common approach to contextualizing abuse. CSA survivors tend to live buried in past anxieties or apprehensive of future, which prevents them from healing. Therapists should guide the client into accepting their current state and allowing them to express their buried feelings. As Forde and Duvvury (2021) write, for healing to begin, one must face the difficult emotions deeply buried, breaking not only the silence but also the very defences put in place to survive (p. 641). Subsequently, the therapist should be patient and allow time take its course.

Conclusion

This literature review consisted of five papers illuminating various aspects of administering therapy CSA clients. The study by Fergusson et al. (2013) provided compared lives of victims and those unaffected by abuse over thirty years. The research by Chouliara et al. (2021) underscored the importance of consistency in therapy. The study by Golsworthy and Malcolm (2020) focused on the challenges faced by therapists when working with untrusting clients. Forde and Duvvury (2021) provided evidence of the efficiency of a humanistic integrative therapy. Mooney (2021) looked into reasons preventing CSA survivors from reporting abuse. Among these sources, four major themes have been identified: importance of therapy, significance of trust, fear of the system, and the necessity to focus on the present. Combined together, they provide guidelines necessary for helping therapists in training work with CSA survivors.

References

Chouliara, Z., Karatzias, T., Scott-Brien, G., Macdonald, A., MacArthur, J., & Frazer, N. (2011). Talking therapy services for adult survivors of childhood sexual abuse (CSA) in Scotland: Perspectives of service users and professionals. Journal of Child Sexual Abuse, 20(2), 128-156. Web.

Fergusson, D. M., McLeod, G. F., & Horwood, L. J. (2013). Childhood sexual abuse and adult developmental outcomes: Findings from a 30-year longitudinal study in New Zealand. Child Abuse & Neglect, 37(9), 664-674. Web.

Forde, C., & Duvvury, N. (2021). Survivorled relational psychotherapy and embodied trauma: A qualitative inquiry. Counselling and Psychotherapy Research, 21(3), 633-643. Web.

Golsworthy, R., & Malcolm, C. (2020). Working relationally with clients who have experienced abuse: Exploring Counselling psychologists experiences using IPA. The European Journal of Counselling Psychology, 8(1), 144-162.

Mooney, J. (2021). How adults tell: A study of adults experiences of disclosure to child protection social work services. Child Abuse Review, 30(3), 193-209. Web.

Introduce

Sexual abuse, especially child sexual abuse, is one of the challenging crimes that law enforcers and criminologists deal with. The main challenge in dealing with sexual abuse is showing without doubt that it has occurred. In the paper, I discuss symptomatic and nonspecific medical evidence of sexual abuse.

Symptomatic evidence of Sexual abuse

A child that has been sexually abused can show certain symptoms that can indicate sexual abuse. Although a child may not tell about sexual abuse, some behavioral and emotional changes may help in knowing whether sexual abuse has occurred. Mood changes manifested in signs of depression can be indicative of sexual abuse. Sexually abused children may demonstrate sadness, anger, tearfulness, mood swings, or lethargy (Myers, 1997). Sexually abused persons may also exhibit insomnia and frequent nightmares. Common behavior change in sexually abused persons is isolation and avoiding certain people or places. Children that are victims of sexual abuse or assault may start to withdraw from some family members or friends. In children, sexual abuse victims may start to spend most of their time outside and reveal fear of some places or some individuals. Children and adolescents that are victims of sexual abuse may start to experiment with alcohol and drugs. Sexual abuse normally impacts the sexual behavior of its victims. For instance, sexually abused children may demonstrate extreme sensitivity to touch, even by safe family members (Myers, 1997). On the other hand, some sexual abuse victims may demonstrate suggestive or promiscuous behaviors that were not evident before. A child may also demonstrate abnormal sexual knowledge to its age. Change in eating habits, drop in academic performance, self-mutilation and suicidal thoughts can indicate sexual abuse. Although the various signs and symptoms can point to sexual abuse, they can result from other causes other than sexual abuse.

Nonspecific Medical Evidence

Medical evidence is often sought in sexual abuse cases. Although medical evidence can be helpful, most are nonspecific. Nonspecific implies that although the evidence can indicate sexual abuse, it can as well result from other causes. The nonspecific medical evidence of sexual abuse includes pain in genitals, abdomen, or thighs; hemauria; dysuria, hematochezia, and pain on defecation (Myers, 1997). Sexual abuse may lead to increase urinary frequency, vaginal discharge, constipation, enuresis, and encopresis. Unfortunately, however, all the evidence can have other causes other than sexual abuse. Constipation, abdominal pain, pain in the genital or even virginal discharge can result from other things and cannot be sufficient evidence of sexual abuse.

Sexual abuse through penetration often leads to physical injury. Injury in form of ulcers or lesions in the genital area can therefore be evidence of sexual abuse (Myers, 1997). The injury however can occur from other causes and cannot be sufficient for sexual abuse. Vaginal bleeding, erythema, wider hymen opening, and bloodstains on underwear can indicate that a child has been sexually abused but they are not sufficient.

Summary

The most symptomatic and medical evidence of sexual abuse is nonspecific. Emotional and behavioral changes that are associated with sexual abuse such as signs of depression, unexplained fear, or isolation and withdrawal can have other social and psychological causes. Medical evidence such as virginal bleeding and injury in the genital area can result from other causes. For instance, some of the injuries may be accidental and not associated with sexual abuse. However, the presence on symptomatic and nonspecific medical evidence can help an investigator to know whether sexual abuse has occurred.

Reference List

Myers, J. (1997). Evidence in child abuse and neglect cases. New York: Aspen Publishers Online.

History of BAPCPA

The Bankruptcy Abuse Prevention and Consumer Protection Act (hereinafter will be referred to as BAPCPA) was signed into law on April 20, 2005, by President G.W.Bush. BAPCPA can be described as the leading revamp to the bankruptcy code in the last 25 years in the legal annals of the USA. BAPCPA makes it difficult for individuals to set free of all of their debt under Chapter 7 by mandating credit counseling, increasing the cost of bankruptcy, demanding debtors to pass an income means test as a prerequisite to relief under the act. (Rodriguez 65).

Bankruptcy laws in the USA have a long history. The earliest federal bankruptcy law was enacted in 1898 or Nelson Act. This act offered honest debtors subjugated by the saddle of huge debts a fresh start. Before this, states had their laws, which prohibited the creditor to collect their debts from insolvent and offered for restricted discharge of debts.

The essence of the clean slate doctrine was first established in the Supreme Court case namely Local Lean v. Hunt. In this case, the judge accepted the principle of assignment of future wages by a debtor to a creditor as equal to the surrender of property rights and personal liberty. In 1978, Congress repealed the 1898 Act by enacting the Bankruptcy Code.

The Bankruptcy code augmented the advantages for individual debtors and reiterated a right of a debtor to a clean slate. However, the new legislation BAPCPA is taking away the right of an honest debtor for a fresh start. The new law makes it difficult for debtors to start a new life by detracting a debtors right to select between a Chapter 13 repayment plan or a Chapter 7 liquidation which symbolizes a turn in popular sentiment that views bankruptcy relief as immoral and cannot be considered as a constitutional right.

BAPCPA introduced a chain of rules intended mainly to compel debtors to come out of Chapter 7 and enter into Chapter 13. There are two tests and one can be seen in Bankruptcy Code § 707(b) (2) and the other is in § 707 (b) (3). The test in § 707 (b) (3) is commonly known as common sense, the totality of the circumstances tests. If Chapter 7 is too better to be true, then the discharge cannot be accommodated.

Bankruptcy Code § 707(b) (2) rules are referred to as the means testing rules or abuse testing. Under this rule, a debtor must have chiefly consumer debt. In other words, it does not apply to business and tax debtors provided their mortgage and credit card debt are not too outsized. (Schriebman, 1102.06).

Immediately, before the enactment of BAPCPA, debtors filing reached a record high as filers raced to avoid rigorous bankruptcy legislation. However, in 2006, immediately after the enactment of BAPCPA, individual bankruptcy filings attained a historic low. (Rodriguez, 70).

Social, Economic, and Political Factors that Shaped this Law

Financial interests like the credit card and mortgage industry spent millions of dollars to see the passage of this law and lobbied expansively.

Although BAPCPA makes filing a bankruptcy considerably more onerous and arduous and shuns some of the advantages that are available after such a filing, the fundamental causes for filing bankruptcy continue. It is to be observed that about twenty-five percent of all bankruptcy cases filed are caused by divorce. Further, divorce is followed by financial strains, and maintaining two households simultaneously on the same level of income is often found to be substantially arduous. Some other social causes of bankruptcy filing include failing business, uncovered medical expenses, and job loss. (Steinfeld 2).

Various economic factors like the subprime mortgage crisis, credit crunch, and the depleting value of commercial leases have shaped the enactment of BAPCPA. The enactment of BAPCPA has reduced the Chapter 11 petitions as only two retailers in the USA have come out successfully from Chapter 11 as restructured entities. For instance, Boscovs Department Stores and its associates opted for Chapter 11 proceedings during 2008. After protracted negotiation, Boscov could be able to obtain enough DIP funding. Further, in November 2008, the Bankruptcy Court endorsed the sale of debtors as a going concern to erstwhile owners of the Boscov. (Gottlieb, Klein and Sussman, 2009).

I feel that BAPCPA is against the interest of the middle class as it increases the expenditure on bankruptcy filings, requires unwanted documentation, and demands that the creditor should submit himself for credit counseling within 180 days of filing. Thus, under BAPCPA, costs connected with filing any kind of bankruptcy have heightened. However, there is a waiver of filing fees for debtors whose income falls well below one hundred fifty percent of the poverty level. Since BAPCPA requires debtors to take the advice of attorneys before filing bankruptcy, the cost associated with the attorney also rose to a substantial level.

In addition to that, a debtor has to pay for a financial management course and credit counseling. Thus, the augmented cost connected with consumer bankruptcy will have the most brunt on the middle-class society of the USA if it wants to seek relief under Chapter 13. (Rodriguez, 70).

More homeowners started to employ Chapter 13 since it offers them a chance to preserve their homes from foreclosure. Chapter 13 offers an opportunity to default the borrower to suggest a scheme to cure his mortgage arrears over some time while the homeowner can prolong to pay his regular monthly installments as per their mortgage contract. An injunction which is known as automatic stay is granted when a defaulting mortgage borrower files for any type of bankruptcy petition.

This automatic stay safeguards the borrower until the plan fails and is dismissed or is completed. One of the disadvantages of the Chapter 13 filing is that in addition to the high counseling and filing fees, the debtor has to repay also mortgage arrears, repayment of unsecured debt, current mortgage payments, and interest. Hence, applicants are deriving lesser advantages under automatic stay since they are not able to service their mortgage payments through reschedulement schemes. (Rodriguez, 70).

On the political ground, financial institutions like credit cards, mortgage industries, and creditors associations engaged in strong lobbying which forced Congress to pass the BAPCPA in 2005.

Ostensible Purpose of This Law

Both Republicans and Democrats supported the BAPCPA since they were on the belief that bankruptcy reform was required to symbolize the standards of personal responsibility.

The supporters of this law argued that the considerable increase in bankruptcy filings over the last ten years corroborated the consumers abuse of the US bankruptcy code and hence there was a need for the introduction of BAPCPA.

The main object of BAPCPA is to plug the loopholes of state law that permitted opportunistic debtors or wealthy individuals to claim bankruptcy and come out with their debts freed and their assets undamaged.

Opponents were of the view that claims of abuse and fraud were exasperated.

However, both groups never estimated the brunt BAPCPA would have in administering housing-associated risks especially among sub-prime borrowers who are predominantly Latinos and African-Americans.

I feel there is a perceived aim in legislating the BAPCPA, mainly to deny Latinos and African-Americans to have access to wealth, economic stability, and a permanent place in the American middle class.

The ostensible aim for enacting BAPCPA can be explained by the following example:

Let us assume that O.J.Simpson would file for bankruptcy. Simpson was earlier asked by the court to pay huge penalties for the wrongful deaths of his ex-wife and her boyfriend, Ronald Goldman. Lets assume that Simpson decided to move to Florida and bought a costly mansion and challenged the Goldmans to collect on their judgment. The main intention of Simpson is to employ Floridas unrestricted homestead immunity to safeguard the majority of his assets from his creditor, Goldmans. It is to be recalled that Floridas state constitution x,§ 4(a) provides an unrestricted homestead exemption that unsecured creditors have no right to reach any equity a debtor has in his home, no matter how valuable the property is.

Further, federal bankruptcy law would have refused Simpson a discharge of his debts. Hence, Simpson decided not to file bankruptcy. This move of Simpson would compel Goldmans to try collection in Floridas state court.

However, Floridas liberal homestead exemption permits Simpson to safeguard any claim in his home from creditor reach, and this immunity applies even outside of bankruptcy. Judiciously, thus Simpson devised a strategy to protect all of his assets in property exempted by Floridas state law. Hence, as of date, the Goldman family is unable to collect even one dollar from Simpson on their judgment. Thus, the morale of the Simpson episode has revealed that denying by wealthy debtors by referring to an unrestricted homestead exemption in bankruptcy proceedings does not connote that creditors will get the house (Alper, 1909).

Alarmed about comprehended infringement of the bankruptcy system and compelled by strong lobbying from creditors association, Congress passed the BAPCPA in 2005. Thus, the main aim of the BAPCPA was meant to plug the loopholes that facilitated opportunistic debtors or wealthy individuals to file for bankruptcy and come out with their debts exonerated and their assets unharmed or in other words, to avert future Simpsons from employing bankruptcy to thwart paying their debts. ( Alper,1910).

Thus, BAPCPAs key aim is to plug the loophole of unlimited and large exemptions on personal homesteads available in many states as creditors cannot compel or force the disposals of exempt assets. Opportunistic debtor by dubious means will place all his assets in luxurious homes, mainly in states with unrestricted or large homestead exemptions to keep them out of creditors arms length. (Alper, 1901).

Whether You Believe the Law Achieved Its Objectives

To me, the BAPCPA is having many shortcomings. BAPCPA does not attain the more popular practice of casual bankruptcy, through which insolvent debtors deliberately shun repaying off their debts despite the fact of not filing bankruptcy since creditors find it too costly to collect their debts under state law.

Under erstwhile bankruptcy law, only downtrodden debtors employed informal bankruptcy procedures. However, BAPCPA will hearten opportunistic debtors to employ this tactic as well since the exemption loopholes under the Act are still available under state law. As the result, BAPCPA will fail to restrain bankruptcy exploitation. Though the Act may deny opportunistic debtors to employ formal bankruptcy norms, it cannot compel them to pay back their debts.

Thus, the courts should come forward to plug this loophole by slackening the judicially crafted limitations on inventory bankruptcy, facilitating it easier for creditors to compel opportunistic debtors into formal bankruptcy. (Alpher, 1908).

Further, an opportunistic debtor can even employ informal bankruptcy to avoid BAPCPAS $137.000 cap on property immunities when debts are obtained through criminal or fraud means. Unlike the homestead restrictions, the fraud limitation on exemption levels never expires. Thus, in highexemption states, fraudulent opportunistic debtors can still avoid this provision, mainly through informal bankruptcy, by resorting to the tactic of avoiding filing forever. Thus, despite BAPCPA provision, these opportunistic debtors can avoid their obligation through informal bankruptcy to repay their debts thereby making their creditors wait for years together under state law. (Alper, 1928).

The non-opportunistic debtor often strides through informal bankruptcy on their own. However, opportunistic debtors will hire specialist attorneys to help them. Further, federal law restricts garnishment to 30 times the minimum wages and restricts states from augmenting this limit, and opportunistic debtors may be pleased to lose a few hundred dollars per month in wages if their probable dischargeable debts will surpass that annual limit. (Alper, 1929).

Permissible wage garnishment level differs from state to state and states with strict limitations on garnishment have a large number of informal bankruptcies. Therefore, opportunistic debtors may select to face their creditors in states that restrict or wholly exempt garnishment. As a result, zero-garnishment may join unlimited homestead exemption and act as a yardstick for the apt opportunistic safe heaven. Amusingly, Florida and Texas, the most famous nesting grounds for opportunistic debtors, also successfully restrict wage garnishment. (Alper, 1929).

BAPCPA limits the magnitude to which opportunistic debtors can transform assets from non-exempt to exempt form just before their formal bankruptcy filing. Before these restrictions, debtors expecting bankruptcy could sell off their assets and transform the proceeds into home equity. Many state acts have restricted such fraudulent transactions. However, BAPCPA broadened the statute of limitations on such transfer from 1 to 10 years. This stipulation probably could thwart opportunistic debtors from acquiring luxurious homesteads within 10 years of a bankruptcy filing, largely extending the three and half years period stipulated by § 522 (p), if a court finds that the debtor planned with an ulterior motive to declare bankruptcy at a future date. (Alper, 1930).

Thus, the opportunistic debtors will not be deterred by the new fraud provision of BAPCPA. For fraudulent transfers, the BAPCPA has increased the statute of limitations, it did not notably alter the definition of fraud, which creditors have long had difficulty in establishing. Pre-bankruptcy transformation of non-exempt assets to exempt assets, for instance, has long been held not to compose a fraudulent transfer. According to Professor Moringiello who analyzed BAPCPAs new fraud stipulation and held that fraud will not be easy to prove under the new law as it was in the pre-BAPCPA period. (Alper, 1930).

Thus, the BAPCPA fraud stipulation will compel more debtors toward informal bankruptcy. Only state law interpretations of fraud will apply to debtors who have not filed the bankruptcy. Normally, courts have allowed debtors to preserve their property exemptions even when there is a clear design to avoid creditor collection initiatives. (Alper, 1931).

Any Known or Assumed Unintended Consequences of the Law

Given the ever-mounting risks that US society now facing like the increase in outsourcing of jobs, the increase in the risks of homeownership, and the ever-increasing health care costs, critics are of the view that the timing of this laws passage was in direct antagonism to the US long-standing policy of offering the neediest debtors with a fresh start. (Rodriguez 65).

BAPCPA has been under constant attack from the entire academic, legal, and judiciary circles. The majority of opponents have criticized substandard legislative drafting and injury to honest debtors, mainly with an ulterior motive to drive away opportunistic debtors from the gamut of bankruptcy. They also argued that Congress has shut the doors of bankruptcy relief to many individuals witnessing legitimate monetary hardship.

BAPCPA has been unjustly criticized for the flooding of Chapter 11 liquidations that have haunted the USAs economy over the past years. After the legislation of BAPCPA, distressed retailers are most improbably to survive once they are compelled to file bankruptcy safeguards. Thus, BAPCPA legislation is said to have established the following anomalies in the USA.

• Those sick companies which have opted for bankruptcy under Chapter 11 have been impacted by the over-leveraged structure as contrasted to companies that filed bankruptcy before the introduction of BAPCPA.
• The recent credit crisis has resulted in the famine of capital and following the years of lax lending, lenders have become more risk aversion.
• Specialty stores are in trouble as they could not be able to compete with the dominance of large discount stores.
• The fast growth witnessed by online sales companies like Amazon and Wal-Mart.
• The declining attraction of shopping malls.
• Unprecedented fall in the popularity of leasehold interests and real estate.

Thus, immediately after the introduction of BAPCPA, the happenings of the foregoing are to be blamed for the failure of many retail industries in the USA. (Gottlieb, Klein and Sussman, 2009).

Whether We Should Continue/Change This Law

After Democrats came to power in 2006, critics of BAPCPA headed various committees and held hearings on oversight of BAPCPA implementation, predatory subprime home mortgage lending, and credit card industries practices.

It should be the initiative of Obamas government to focus on increasing penalties and liabilities for lenders who sanctioned risky credit to low-income citizens and vulnerable debtors.

To me, BAPCPA has to be restructured, amended thereby correcting many apparent flaws found in the statute. Further, I feel that provisions relating to credit counseling, undergoing financial management courses, subjecting to a means test are to be deleted. Further, genuine debtors should be allowed to get out of their debts and to have a fresh start.

How This Law Impacted Market Structure

BAPCPA has been damned for the epidemic of Chapter 11 liquidations that have haunted the U.S.As economy over the past few years. Immediately, after its enactment in the year 2005, BAPCPA has considerably damaged the Chapter 11 practice, to the stage that it is nearly unfeasible for retailers to restructure, despite the contemporary international and national economic meltdown.

BAPCPA has been accused since its passage has poignantly damaged the capability of retailers to avail the required post-petition credit or finance and breathing space for creditors to design and implement a reorganization scheme, despite the debtors capital base, the oscillating condition of the credit markets or the degree to which they vie with giant discount retailers like Amazon and Wal-Mart. Thus, BAPCPA has impacted the retail market structure to a larger extent. (Gottlieb, Klein and Sussman, 2009).

After the introduction of BAPCPA, the retail sector in the USA over the past four years has adopted either of the following ways namely.

• Retailers can either file their case as liquidation.
• Debtor is offered a small platform within which to administer it as a going concern sale. This falls under Section 363 of the Bankruptcy Code which usually generates adequate value to satisfy both secured creditors and administration. Further timing of the bankruptcy petition filing decides which of the above is to be perused. (Gottlieb, Klein and Sussman, 2009).

The retail sector is affected largely due to BAPCPA amendments, which have poignantly restricted the capability of retail debtors to restructure their debts. Thus, the revised Bankruptcy Code after the introduction of BAPCPA specifies the following.

• Within four months of their filing, debtors are required under Section 365 (d) (4) either to reject or accept their real property leases subject to an additional three months time extension granted by the court. Regardless of the size of the retailer, an extension cannot be granted beyond these 210 days without the consent of the landlord. This modification has been a complete transformation for retailers as they never faced any such deadlines before the introduction of BAPCPA.
• Within 20 days of filing, BAPCPA has provided utilities with augmented kinds of enough assurance of future payments.
• Offered sellers who tranship products received by the debtor within 20 days of filing bankruptcy with an administrative claim for the value of such products that must be convinced for a scheme of restructuring to be validated. These claims were afforded general unsecured status before BAPCPA and paid out at cents on the dollar immediately after the debtors re-emerging from the bankruptcy procedures.
• For wages and benefits earned within 6 months before filing, the aggregate monetary ceiling has been increased on unsecured priority claims to $ 10,950 from $ 4925.
• BAPCPA has restricted the period in which a debtor may file and demand acceptance for a scheme of restructuring. (Gottlieb, Klein and Sussman, 2009).

Consumer Outcomes From the Law

BAPCPA demands that any consumer who is filing for bankruptcy should receive a short lecture from a credit counseling agency and should finish an instructional short course in personal financial administration just before filing the bankruptcy petition. This will minimize any abuse filings.

For instance, a consumer debtor just before filing for bankruptcy cannot make a journey to Las Vegas on credit cards. The substantiation of the debtor that he was attempting to win money to pay back debt will not be accepted.

Further, BAPCPA makes it inordinately arduous to discharge student loan debt through appeals, which had been not only unheard of previously but also uncommon. (Wankel, 114).

Under BAPCPA, before filing bankruptcy, consumers are to be more careful in their borrowing and spending pattern. Within 3 months before the filing of bankruptcy, care should be exerted by consumers not to overspend on credit purchases.

Further, consumers are required to attend credit counseling from a recognized and approved non-profit credit counseling agency.

Consumers are needed to provide creditors with a copy of their tax return if they have been appealed to do so. Consumers are also under a duty to offer their creditors information about their debt so that creditors have written documentation about the helplessness to repay. The tax returns filed in the last four years have to be provided to creditors under Chapter 13. Further, an attorney must corroborate that information and statements documented and offered to the court are correct and true. (Burrell 205).

A consumer has to pass a means test to prove his eligibility under Chapter 7 and to establish that his inability to pay either the whole or a part of his debts. The means test is employed to assess whether the consumer is eligible to file for bankruptcy safeguards under Chapter 7 or Chapter 13 of the bankruptcy code.

However, under Chapter 13 bankruptcy, a consumer has to declare all his disposable income in a debt repayment scheme. Every year, the consumers expenses and income should be accounted for to assess whether any more income can be spared for debt repayment. (Burrell 206).

Some debts are categorized as priority debts under Chapter 13. These priority debts take superiority over all other debts and they must be repaid in whole before repayment of any other debt. For instance, some predetermined fees have to be paid to the court of administration to cover the administrative expenses to oversee repayment schemes under Chapter 13 and this takes superiority over repayment of all other debts. It is to be noted that even domestic support debts are ranked second in priority.

Any Business Opportunities That You Foresee.

BAPCPA will help to reorganize or restructure a business that is overburdened with debts. Chapter 13 is vehemently cheered as the bankruptcy filing for individuals. Instead of liquidation, these are rehabilitation and reorganization of a debt formulating a scheme whereby the debtor pays off his debts in a short time frame of 3 to 5 years. The uniqueness is that it is the debtor who moves the chess coins here as he is responsible to propose the plan.

Chapter 13 holds good for business, and it is like a reorganization filing. Here, it is the business that has to propose a plan, and a bankruptcy court decides whether it is equitable and fair and adheres with the objectives of relevant legislations like BAPCPA. Such filing could end in striking down the contracts for the business like union agreements and also obliges it to be delisted from its main stock exchange if it is a listed company and in such cases, that company shares can still be traded on the over-the-counter exchanges. The final result of a Chapter 11 plan often terminates shares in the company. ( Wankel,114).

How BAPCPA Addresses The Loopholes Of Earlier Bankruptcy Act 1998 And State Exemption Laws.

Exemption Restriction Based on Time of Filing

BAPCPA partly addressed the loophole available to opportunistic debtors who shift to unrestricted states just o buy a luxurious homestead and then apply for bankruptcy. BAPCPA has restricted the homestead exemption available to opportunistic debtors who recently shifted to a new state before applying for bankruptcy. The Bankruptcy Code now restricts any states homestead exemption to just $137,000 per debtor who purchases a home within forty months of applying for bankruptcy.

Thus, § 522 (p) of BAPCPA stipulates that even a long-time resident of a high-exemption state who buys a luxurious home in that state will also have his exemption capped to the above limit if he applies for bankruptcy within forty months of filing application for bankruptcy. However, citizens who have owned a home in an exempted state for longer than forty months still enjoy the full safeguard of their states homestead exemption. (Alpher, 1921).

In certain cases, BAPCPA restricts the aggregate homestead exemption at about $137,000 irrespective of the bankruptcy filing date and the homestead purchase date. These limitations apply when the debtor is found guilty of a felony that corroborates that bankruptcy filing was a misuse of the bankruptcy provisions or when the debt was created due to some kind of fraud. This proviso seems to be a congressional initiative to thwart the nastiest of bankruptcy misuse, application by opportunistic debtors to thwart debts arising from criminal or civil sanctions (Alpher, 1922).

How did Lobbying help To Legislate BAPCPA?

Whenever there is bankruptcy reform, creditors make strategic use of political contributions to achieving their aim. Various research studies indicate that campaign contributions were poignantly correlated with voting for a proposed bill demonstrating that money twists the voting from its usual pattern. The mighty of credit companies to lure politicians to pass the law against their constituents interest substantiates the adverse trend in politics to support the interest of the affluent and at the cost of middle and lower classes.

Works Cited

Cheeseman, Henry R. Business Law (7^th edition). New York: Prentice Hall, 2009.

Gottlieb, Lawrence C, Klein Michael and Sussman, Ronald R. 2009. BAPCPAs Effects on Retail Chapter 11s Are Profound. Web.

Rodriguez, Dariely Left Behind: The Impact of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 on Economic, Social, and Racial Justice. Berkeley La Raza Law Journal 18.1 (2007): 65-77. Academic Search Premier. EBSCO. Web.

Rodriguez, Dariley. Left Behind. The Impact of BAPCPA of 2005 on Economic, Social and Racial Justice. Berkeley La Raza Law Journal Vol.18 (2007):65-77.

Schriebman, Robert S. IRS Tax Collection Procedures. New York: CCH, 2006.

Steinfeld, Shayna M. Family Lawyers Guide to Bankruptcy. New York: American Bar Association, 2008.

Wankel, Charles. Encyclopedia of Business in Todays World. New York: Sage Publications, 2009.