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Desconocimiento del precedente.

Artículo 72. Acción de repetición La responsabilidad de los funcionarios y

1.2 Error judicial como vía de hecho.

1.2.2 Causales específicas de procedencia de la acción de tutela en contra de providencias judiciales.

1.2.2.7 Desconocimiento del precedente.

Nine randomised trials of CBT or enhanced CBT interventions were identified110–112,114–117,120,121that were

designed to address the consequence of maltreatment, irrespective of maltreatment type. The studies were themselves heterogeneous, and fall into four broad categories:

1. interventions to enhance the parenting skills of foster parents and adopters, in order to help them address the particular challenges of parenting children with maltreatment histories112,114–116

2. interventions addressing PTSD and associated symptoms in maltreated young people111,117

3. risk reduction interventions to reduce human immunodeficiency virus (HIV) and sexually transmitted infections (STIs) among abused and neglected young people110

4. studies of EMDR.120,121

Description of studies

Location

All but four111,112,116,120studies were conducted in the USA. The Rushtonet al.116 study was conducted

in the UK, the Farkaset al.120study in Quebec, Canada, the Churchet al.111study in Peru and the

Jensenet al.112,113study in Norway. Sample size

Five110,111,117,120,121studies recruited and randomised individual participants who had been maltreated.

The Churchet al.111study recruited just 16 participants, whereas the studies by Farkaset al.120and

Schecket al.121recruited, respectively, 40 and 60 participants to their studies of EMDR and the Shirket al.117

study randomised 43 adolescents. Champion and Collins110randomised 559 adolescent women.

The Jensenet al.112,113study randomised 156 parents. (Only 135 parents participated in the study.)

The remaining three studies recruited participant pairs. Rushtonet al.116recruited 38 adoptive families.

One study by Linareset al.115enrolled 94 children, with the intervention targeted at foster parent/biological

parent pairs, whereas the other Linareset al.114study recruited 63 biological/foster parent pairs. Participants

Age

Three114–116studies focused on children aged<10 years. Children in the Rushtonet al.116study were

between 3 years and 7 years 11 months at recruitment; the Linareset al.115study recruited foster parents

caring for children aged 58 years, and children in the Linareset al.114study were aged 3

–10 years.

Five110,111,117,120,121studies recruited adolescents. The studies by Champion and Collins110and Churchet al.111

recruited adolescent women aged 1418 years and 1217 years, respectively. Shirket al.117recruited

adolescents aged 1317 years. The two120,121EMDR studies recruited adolescents aged 13

–17 years120and

16–25 years.121

Jensenet al.112,113recruited the caretakers of children and young people aged 10

–18 years.

Gender

Six112,114–117,120of these studies recruited both male and female children or their carers. Some had a

preponderance of one gender, for example the samples in the studies by Shirket al.117and Farkaset al.120

were largely female (85% and 74%, respectively). Participants in the Churchet al.111study were all male,

Referrals

The Rushtonet al.116study recruited adoptive parents referred from English local authorities that had high

rates of adoption. Adoptors were eligible if at least one of their adopted children scored above a certain threshold on the Strengths and Difficulties Questionnaire (SDQ), completed by either the adoptor or the childs social worker, or both. The Champion and Collins110study recruited participants from women

seeking health care at a district health clinic.

Participants in the Linareset al.115study were drawn from community-based mental health services, but it is

not clear how they were recruited. Linareset al.114recruited foster parents from one child welfare agency.

Churchet al.111recruited young men who were resident in a residential treatment refuge (Peru).

Adolescents in the Shirket al.117study had been referred to an outpatient department in a large, urban

mental health centre, and those in Jensenet al.112,113were children referred to one of eight community

clinics via normal referral routes [general practitioner (GP), Child Protection Services] who had experienced a traumatic event and who scored≥15 on the Child PTSD Sympton Scale (CPSS).286

One121of the EMDR studies recruited volunteers from adverts in a range of agencies,121whereas the

other120took referrals only from youth protective services. Maltreatment type

In Linares 2006,114children had experienced physical abuse or neglect, but (by chance) only neglected

children were allocated to the control condition, compared with 71% in the intervention group. In the Linares 2012,115children had officially substantiated histories of child maltreatment: 77% were

neglected and 23% were abused either physically (18%) or sexually (5%). Some children experienced more than one form of maltreatment.

Children in the Churchet al.111study had a history of physical, psychological or sexual abuse or neglect/

parental abandonment. The majority of participants in the Champion and Collins110study (76%) had

histories of sexual, physical and emotional abuse. This study110recruited women with abuse historiesor

histories of STIs (because of the over-representation of maltreatment in the histories of adolescents) and was designed toprovide a study sample of adolescents with both a history of STI and abuse110(p. 142).

Participants in both EMDR studies120,121had histories of maltreatment. Most of those in the Farkaset al.120

study had been referred to Youth Protective Services for a variety of forms of parental neglect or abuse, although some were referred for reasons of serious behaviour problems. Most participants had been referred for, or had experienced more than one form of, maltreatment; it was not possible to identify the proportion of participants who had not been maltreated. A total of 90% of participants in the

Schecket al.121study reported being victims of physical or emotional abuse as a child, and over half of the

traumas reported related to traumatic sexual experiences, such as rape or child molestation.

Adolescents in Jensenet al.112,113had been exposed to a range of traumas, including physical and sexual

abuse, and witnessing violence.

Interventions and comparisons

The interventions in the studies by Rushtonet al.116and Linareset al.114,115were modified versions of

Webster-Strattons Incredible Years Program (IY).212

Linareset al.114used the manualised, group-based Parents and Children Basic Series Program

(IY, Webster-Strattonet al.210) plus a coparenting intervention delivered on individually to biological and

foster parent pair and target child, and which focused on learning about each other, practising open communication and negotiating interparental conflict. Therapists used family systems strategies, such as joining, didactic lesson, re-enactment and restructuring.

Linares 2012115used a subset of the 18 IY manualised lessons contained in the Dina Program for Young

Children. Modules were Understanding and Detecting Feelings; Detective Wally Teaches Problem-Solving Steps; and Tiny Turtle Teaches Anger Management, plus a lesson developed for the project and designed to promote a sense of belonging to this foster homeMy Homes, My Families.

In both114,115of these studies, foster carers in the control group received

‘usual services’.

Rushtonet al.116used the IY programme as a basis for a cognitive

–behavioural programme tailored to the needs of adoptive parents, placing an emphasis on the need to conduct daily play sessions with the child and to help adopters when their child rejects their praise or their rewards. First and last sessions were focused, respectively, on getting to know the parents and introducing the programme, and reviewing progress and ending. Other sessions focused on using positive attention to change behaviour; the value of play for establishing positive relationships; using verbal praise; rewards; learning clear commands and boundaries; using‘ignoring’to reduce inappropriate behaviour; defining for the child the consequences of undesirable behaviour;time outand problem-solving. Adoptive parents in the control group received an educational approach designed by an adoption adviserto improve adoptersunderstanding of the meaningof the childrens current behaviour and help them see how past and present might be connected’116(p. 532), thereby helping adopters to respond more appropriately to challenges.

Churchet al.111provided a brief, single-session exposure therapy entitled emotional freedom techniques

(EFT), comprising certain components of CBT and exposure therapy combined with a somatic component, having therapists or participants tap their fingers on prescribed acupuncture points. Those in the control group received no treatment.

Champion and Collins110provided a theory-based [AIDS Risk Reduction Model (ARRM)209] CBT intervention

designed to reduce risk-taking behaviourProject Image (PI). PI is described asgrounded in knowledge of the target populations behaviour and culture . . . Emphasis is placed upon understanding and dealing with male-female power relationships in African-and Mexican American culture110(p. 144). The intervention

began with a physical examination (for STIs, etc.) followed by an enhanced counselling session (addressing adherence to medication, other treatments, sexual activity, etc.). Intervention participants were then offered two workshop sessions, 1 week apart, followed by group work and further individual counselling. The workshops and group work described have a strong psychoeducational component and a tailored skills component. Control group participants received the physical examination, abuse and enhanced clinical counselling at baseline, plus a follow-up physical examination at the end of the intervention. Shirket al.117evaluated a modified CBT intervention (m-CBT) that combined CBT elements

(mood monitoring, cognitive restructuring, relaxation training, activity scheduling and interpersonal problem-solving), with mindfulness-based strategies, such as taking a non-judgemental stance of observing, describing and tolerating trauma-related emotions and cognitions (Linehanet al.689). The

effectiveness of m-CBT was assessed in relation to usual care (UC), in which therapists agreed to use, with control group participants, the treatment strategies and procedures that they regularly used and believed to be effective in their clinical practice).

The EMDR intervention in the Schecket al.121study consisted of two treatment sessions of 1 hour, 1 week

apart. EMDR followed the standard protocol devised by Shapiro.690In this study,121EMDR was compared

with an active listening intervention.

In Farkaset al.120study, EMDR was combined with motivation

–adaptive skills–trauma resolution (MASTR),

aimed at addressing conduct problems (Greenwald691), motivational interviewing and a range of

cognitivebehavioural training and coping skills development. MASTR is a trauma-focused treatment package that was developed for use with adolescents with conduct problems, whichaddresses treatment obstacles by establishing sense of safety within therapy, encouraging clients to be the agents of their change, improving motivation and guiding them towards progressive successes to their goals120(p. 128).

Participants received 12 weekly sessions of 1.5 hours of MASTR/EMDR therapy. They also continued with other forms of individual (14%), family (14%) and group therapy (29%). In this study of EMDR, Farkaset al.120used a

‘routine care’control group in which participants were exposed to a variety of

alternative therapies.

Jensenet al.112described the TF-CBT programme that they use as a

‘trauma specific treatment consisting

of psychoeducation, learning relaxation skills, affective modulation skills, cognitive coping skills, working through the TN, cognitive processing, in vivo mastery of trauma reminders, and enhancing safety and future developments, coupled with the parental component112(p. 6). The parental component looked to

improve parenting skills and was also used to demonstrate for the parent each treatment component that was provided to the child. Those in the control group receivedthe treatment they (TAU Therapists) considered most suitable in each individual case112(p. 6). Almost half of the TAU therapists described their

theoretical orientation as psychodynamic, 30% as cognitive behavioural, and around 25% as family/ systemic (percentages rounded up). In 35 of the 52 completed TAU cases, parents were involved in some way in more than three sessions of the childs therapy.

Comparisons

Number and duration of treatments

The IY or IY-based interventions used in the studies by Rushtonet al.116and Linareset al.114,115were

delivered in 12 weekly sessions of 2 hours.

Churchet al.111provided one, 2-hour, single session of brief EFT.

The intervention described by Championet al.110comprised one

‘extensive’individual session for

physical examination and a semistructured, one-on-one interview/enhanced counselling at the outset (1.52 hours), followed by two workshop sessions of between 3 and 4 hours, a follow-up visit (for screening, pregnancy testing and STI treatment, if necessary) and three to five sessions of support group work followed by two or more individual sessions.

The intervention evaluated by Shirket al.117was designed to provide 12 weekly sessions to be delivered

over a 16-week period but adolescents could continue with treatment beyond the 16-week study assessment. The same was true for the TAU group.

The TF-CBT intervention in Jensenet al.112,113comprised 12

–15 individual sessions.

In Schecket al.,121EMDR was delivered in two sessions, 1 week apart, and in the Farkaset al.120study it

was provided in 12 weekly sessions (duration unspecified).

Where relevant, the number and duration of comparison treatments was similar to those of the experimental intervention.

Outcomes and measures used in studies of cognitivebehavioural therapy for children who have experienced different types of maltreatment

Post-traumatic stress disorder

Jensenet al.112,113used two measures of PTSD. The first was the CPSS,286a self-report questionnaire

developed for children aged 1018 years, which examines post-traumatic stress symptomatology

described in the DSM-IV (criterion B, re-experience; criterion C, avoidance; and criterion D, hyperarousal).692

The second was the Clinician-Administered PTSD Scale for Children and Adolescents, a structured

Schecket al.121and Churchet al.111assessed the impact of intervention using the Impact of Events Scale (IES279).

Both used the total score; Churchet al.111also report outcomes for the memories and avoidance subscales.

Farkaset al.120used two measures of PTSD. First, the relevant module of the Diagnostic Interview Schedule

for Children (DISC693) and, second, the TSCC,325,328to assess trauma-related difficulties.

Schecket al.121also used the Penn Inventory for Posttraumatic Stress Disorder (PENN334), a self-report scale

that measures symptom severity.

Depression

Jensenet al.112,113used the Mood and Feelings Questionnaire694to assess depressive symptoms, as this

measures the full range of DSM-IV diagnostic criteria for depressive disorders, and includes itemsreflecting common affective, cognitive, somatic features of childhood depression(p. 361).

Shirket al.117and Schecket al.121used, respectively, the Beck Depression Inventory-Second Edition

(BDI-II320) and the BDI332to assess the impact of EMDR on depression. Anxiety

Schecket al.121used the state subscale of the State-Trait Anxiety Inventory (STAI333) to measure the impact

of EMDR on anxiety.

Jensenet al.112,113used the Screen for Child Anxiety Related Disorders (SCARED)307to measure anxiety

symptoms. SCARED is a self-report questionnaire with 41 items covering five specific anxiety disorders: panic disorder or significant somatic symptoms, generalised anxiety disorder, separation anxiety disorder, social anxiety disorder and school avoidance.

Behaviour

Rushtonet al.116and Jensenet al.112,113used the SDQ.308Jensenet al.112,113also used visual analogue scales

to assess how far an individual child progressed on emotional distress, misbehaviour and attachment. Rushtonet al.116relied on adopter report, whereas Jensenet al.112,113used YSR.

In Linares 2012,115foster parents completed a six-item measure compiled from the CBCL 5-18 aggression

subscale,294and classroom teachers completed a seven-item measure compiled from the 38-item

Sutter–Eyberg Student Behaviour Inventory-Revised (SESBI-R311).

The intervention evaluated in Linares 2006114was designed to reduce externalising behaviour, and its

effectiveness was assessed using three measures, and drawing on foster parent-report and biological parent-report; the CBCL;294,309the Eyberg Child Behavior Inventory-Revised310and the SESBI-R.311

Farkaset al.120used the parent version of the CBCL,269,294alongside modules of the DISC to measure

conduct disorder (CD) and oppositional defiant disorder.

Risky behaviour

In line with the aim of the intervention, Champion and Collins110assessed new incidents of STI as a

dichotomous variable (yes, no) at off-site, problem or scheduled follow-up visit at 6 and 21 months.

Self-control

Linares 2012115used a 51-item measure of self-control, developed for this study and administered to foster

parent and teacher using parallel versions.

Self-esteem

Schecket al.121examined the impact of EMDR on adolescents

’self-concept, using the Tennessee

Parent–child relationships

Rushtonet al.116used the Expressions of Feeling Questionnaire315to capture the nature and progress

of the childs relationship with the new carers.

Risk of bias: randomised controlled trials of cognitivebehavioural therapy for children who have experienced different types of maltreatment

Sequence generation

We judged three112,116,121studies to be at low risk of bias. In the Rushtonet al.,116study adoptive parents

were randomised independently by the clinical trials unit using permuted block randomisation. Jensen et al.112,113state that a computer-generated randomised block procedure was used, and Schecket al.121

used envelopes filled with papers labelled either EMDR or active listening (AL). These were then shuffled before being numbered 1 through 100. Envelopes were opened (consecutively) during interviews with participants, which took place after the collection of baseline data, thereby identifying to which therapy the participant was allocated.

Linares 2012115state that children were consecutively identified, assessed and randomly assigned within

agencies, but no further information was provided on sequence generation or allocation concealment. The studies by Champion and Collins,110Churchet al.,111Linares 2006,114Farkaset al.120and Shirket al.117

provide no information on sequence generation and were judged to be of unclear risk of bias.

Allocation concealment

None of the RCTs included provided adequate information on allocation concealment, although Rushton et al.116used a clinical trials unit to randomise participants, so all were judged as being of unclear risk of

bias. The remaining eight110–112,114,115,117,120,121studies provide no information on allocation concealment and

were therefore judged unclear risk of bias.

Blinding of participants and personnel

We judged all studies110–112,115–117,120,121as being of high risk of bias because no participant or personnel

were blinded.

Blinding of outcome assessors

Rushtonet al.116make clear that blinding at follow-up interviews was not possible because involvement in

the treatment was the focus of questions. It was therefore assessed as high risk.

Five110–112,114,115studies were assessed as low risk. In both studies by Linareset al.,114,115the authors state

that intervention and assessment teams were assembled to keep interviewers blind to group assignment. Churchet al.111state that data were scored off-site and blind to the statistician. Champion and Collins110

state that group status was revealed only at the end of follow-up interviews.

Jensenet al.112,113state that the assessments were computer assisted and conducted by an independent

clinician who was blinded to the treatment conditions.

Shirket al.117state that post-treatment assessments were made by an independent evaluator, but the

depression measure used (BDI) relies on self-completion, and so the study was assessed as being of unclear risk of bias.

In both of the EMDR studies120,121the authors state that assessors were blind, but the measures used were

Incomplete outcome data

There were no missing data in the studies by Churchet al.,111Rushtonet al.116or Linares 2012,115which

were therefore judged to be of low risk of bias. Linares 2006114suffered attrition but reasons for attrition

were largely the same (moved, discharged), although more parents in the intervention group refused to provide data post treatment and at follow-up than in the usual services group (eight vs. one). The authors