Child consultation and the law in the Northern Territory of Australia

2019 ◽  
Vol 44 (02) ◽  
pp. 60-64
Author(s):  
Danielle Kendall-Hall
Keyword(s):  
Social Work ◽  
Child Protection ◽  
Best Practice ◽  
Well Being ◽  
Northern Territory ◽  
Best Interests ◽  
Development Research ◽  
Vulnerable Children ◽  
Mandatory Training ◽  
The Law

AbstractConsultation with children is a delicate art, and consultation with vulnerable children, even more so. Experienced clinicians believe best practice in undertaking such work requires tertiary studies in social work or psychology combined with extensive supervised clinical experience. The current pathways to becoming a children’s lawyer in the Northern Territory do not involve mandatory training in child well-being, and yet lawyers are asked to consult with highly traumatised children and bring the voices of children into the courtroom. Lawyers for young children are additionally required to provide an opinion as to what they believe to be in the best interests of the child, without a social work or psychology-based qualification, training or in-depth guidelines to support their position. This article looks at what the law says about child consultation, what child development research says about child consultation and child consultation in practice in a Northern Territory child protection setting. At its conclusion, the author discusses potential pathways forward for lawyers and clinicians to work together in safe practices of child consultation.

Child Protection and Risk-Management: The Death of Victoria Climbie

2004 ◽  
Vol 33 (2) ◽  
pp. 179-202 ◽  
Author(s):  
SHEENA JOHNSON ◽  
STEPHANIE PETRIE
Keyword(s):  
Social Work ◽  
Safety Culture ◽  
Child Protection ◽  
Best Practice ◽  
Space Shuttle ◽  
Child Death ◽  
Commercial Sector ◽  
Communication Failure ◽  
Child Protection Services ◽  
High Profile

This paper looks at the concepts of ‘risk’ and ‘safety culture’ within a Social Work context, specifically in relation to child protection. Discussion is made of the systemic and organisational issues that are apparent in many inquiries into child death from abuse, and the authors argue that these issues need to be given a higher profile to ensure avoidable tragedies do not occur as a result of organisational failure. The concept of ‘safety culture’ is described as a tool of best practice used by some organisations in the commercial sector to ensure their risk, for example communication failure, in relation to organisational issues is both understood and controlled. The parallels between an organisational breakdown resulting in a disaster and those relating to the breakdown of childcare services are outlined in relation to two high profile examples, the Challenger Space Shuttle disaster and the tragic death of Victoria Climbie respectively. The authors discuss how the lessons learnt from such disasters and the ways in which high risk commercial organisations give organisational issues such high priority can, and should be, successfully transferred into other sectors, namely Social Work and Child Protection services.

12. Child Protection

Family Law ◽  
2019 ◽  
pp. 825-915
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
At Risk ◽  
Social Services ◽  
Family Life ◽  
Child Protection ◽  
Well Being ◽  
State Intervention ◽  
Legal Framework ◽  
The Social ◽  
The Law ◽  
Interim Measures

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.

Personalised Budgets: What Is the Future for Child Protection?

2020 ◽  
Author(s):  
Debbie Plath ◽  
Ann Dadich ◽  
Susan Evans ◽  
Kenny D Lawson ◽  
Brian Stout
Keyword(s):  
Child Protection ◽  
Service Sector ◽  
Well Being ◽  
Aged Care ◽  
Realist Evaluation ◽  
User Engagement ◽  
Vulnerable Children ◽  
South Wales ◽  
Australian State ◽  
Potential Benefits

Abstract As the Australian state of New South Wales considers the adoption of a policy of personalised budgets in child protection, questions arise regarding how such a policy could take shape and how it would impact service delivery to promote safety and well-being amongst vulnerable children. This article presents findings from a mixed-method, realist evaluation of a pilot programme that adopted some of the features of personalised budgets, namely, personalisation, brokerage and keyworkers. Drawing on literature on personalised budgets in disability and aged care, the article highlights the features, potential benefits and challenges of personalised budgets in child protection. It concludes by arguing for a better understanding of how personalised budgets could benefit vulnerable children. This might involve: defining the roles of brokers and keyworkers, developing ways to increase service user engagement, clarifying implications for the wider service sector and planning for the provision of required supports and services for children and families.

The law relating to mental capacity and mental health

2013 ◽  
Author(s):  
Kay Wheat
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Health Care Professionals ◽  
Well Being ◽  
Mental Capacity ◽  
Best Interests ◽  
Decision Making Capacity ◽  
Mental Capacity Act 2005 ◽  
The Law ◽  
Mental Capacity Act

This chapter will examine two key areas of law relating to medical treatment and care of those with mental disorder. The question of decision-making capacity is important for health care professionals, and other carers and agents dealing with older people. The law relating to this is covered by the Mental Capacity Act 2005 supplemented by previous case law where this is still relevant, and the key aspect of the law is the ability to treat people without capacity in their best interests. However, in the case of some patients, it may be necessary to use the Mental Health Act 1983. This legislation is focussed, not on the capacity of the patient, but upon the effect that a mental disorder can have upon the patient risking damage to their own well-being, or to the well-being of others. The relationship between the two areas is not always clear.

scholarly journals Completion Of Diversion As A Form Of Child Through Criminal Investigators By Restorative Justice Approach In Police Office Of Indramayu

2018 ◽  
Vol 1 (2) ◽  
pp. 359
Author(s):  
Saepudin Saepudin ◽  
Umar Ma'ruf
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Child Protection ◽  
Mental Development ◽  
Best Interests ◽  
Criminal Offense ◽  
The Law ◽  
Criminal Investigators

Children who commit in a criminal offense must be treated humanely in accordance with the best interests of the child means that children in conflict with the law should be restorative justice approach that should be pursued first. Indonesia already has rules to protect, prosper and fulfill the rights of children, among others Act No. 3 of 1997 on juvenile justice, Act No. 23 of 2002 on Child Protection. However, it seems not enough to bring significant changes to the fate of children in conflict with the law, and what to expect in reality often can not be implemented properly. Because outiusan judges are more punitive to the detriment of the child itself. Versioned as a form of juvenile criminal settlement through restorative justice approach needs to be taken into consideration in handling children. This concept involves all parties in order to repair the moral children so that children will no longer repeat his actions, so that children feel children aware of the law that affect the mental development of children.Keywords: Children, Diversion, Restorative Justice.

Systemic barriers to effective implementation of child protection reform in Israel

2019 ◽  
pp. 155-168
Author(s):  
Ravit Alfandari
Keyword(s):  
Working Conditions ◽  
Child Protection ◽  
Systems Approach ◽  
Well Being ◽  
Organisational Culture ◽  
Working Environment ◽  
Vulnerable Children ◽  
Effective Implementation ◽  
Effective Delivery ◽  
The Impact

This chapter presents a qualitative study that was conducted to investigate the implementation and outcomes of recent child protection reform in Israel. Using the ‘systems approach’ as conceptual framework allowed to understand the impact of the working conditions on every-day child protection practices. The key finding of the research – that the reform’s aims of strengthening practice and improving the safety and well-being of vulnerable children have not been entirely achieved – is explained by the organisational working environment and culture acting as barriers to the expected change. Findings touch on in particular: heavy workloads and an organisational culture that seeks opportunities to shortcut procedures and processes; inadequate professional supervision and support; insufficient training and qualifications; and lack of strong organisational leadership. It is concluded that organisations’ underlying problems need to be resolved if effective delivery of services for children and families is to be achieved.

scholarly journals The Sexual Orientation of a Parent as a Factor when Considering Care

2017 ◽  
Vol 16 (3) ◽  
pp. 292
Author(s):  
Chantelle Feldhaus
Keyword(s):  
Sexual Orientation ◽  
International Law ◽  
Well Being ◽  
Best Interests ◽  
Best Interest ◽  
The Common ◽  
The Law ◽  
To Come ◽  
The Right

Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the child.  Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding children and the powers and duties expected to ensure the general protection, well-being and best interests of the child. The aim of this contribution is to discuss the sexual orientation of a parent as a factor when considering care and the extent to which courts may give consideration to such a factor. The article will also address the question of whether or not the role of a parent's sexual orientation in determining the best interests of the child has changed since the common law concept of custody was replaced by the concept of care in the Children's Act. In this article, care and the best interests of the child will be discussed first. International law will be considered thereafter, followed by a discussion on the approach of our courts, pre- and post-1994, in order to come to a conclusion and make recommendations.

scholarly journals MENCARI HUKUM YANG BERKEADILAN BAGI ANAK MELALUI DIVERSI

2019 ◽  
Vol 18 (2) ◽  
pp. 175
Author(s):  
Rr. Putri A. Priamsari
Keyword(s):  
New York ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Social Services ◽  
Child Protection ◽  
Best Interests ◽  
Legal Counsel ◽  
Rights Of The Child ◽  
Judicial Proceedings ◽  
The Law

<p><em>According to UNICEF, no less than 4000 Indonesian children are brought </em><em> </em><em>to court every year with reports of relatively minor crimes such as theft, persecution, spreading hoaxes and others. Where children who are faced with the law generally are not accompanied by legal counsel or social services. Indonesia has had a umbrella </em><em>act </em><em>in protecting children's welfare, namely Law Number 4 of 1979 concerning Child Welfare which was then followed by Law Number 23 of 2002 concerning Child Protection which has now been replaced with Law Number 35 of 2014 concerning Child Protection as implementation of the Convention on the Rights of the Child (Convention on the Rights of the Child, 1989, New York). Taking into account that the handling of child cases dealing with the law must really guarantee the protection of the best interests of the child and must aim at the creation of Restorative Justice, both for Children and Victims of Children and to create Restorative Justice, before resorting to judicial proceedings at the prosecution level General must strive for Diversion. Provisions regarding this diversion are also regulated in Supreme Court Regulation Number 4 of 2014 concerning Diversion. The enactment of the 2014 PERMA is intended so that juvenile justice in Indonesia can be carried out more efficiently, while still considering its welfare.</em></p><p><em> </em><em></em></p>

Stability – The dilemmas of providing a secure base for children who are on very shaky ground

2010 ◽  
Vol 35 (2) ◽  
pp. 21-28 ◽  
Author(s):  
Annette Jackson
Keyword(s):  
Decision Making ◽  
Child Protection ◽  
Life Support ◽  
Real Life ◽  
Best Interests ◽  
Secure Base ◽  
Care Providers ◽  
Vulnerable Children ◽  
Developmental Needs ◽  
Birth Family

Child protection systems have always sought to respond to the interests of vulnerable children. Protective paradigms have changed over time as the ‘best interests’ of vulnerable children are defined in different ways. Within protective systems we are currently debating how best to provide children at risk with security and stability: should we seek to reunify them with their birth families or seek alternative options for their permanent care? The debate is unlikely to lead to an either/or option, but rather one where we need to consider many complex factors in both the decision-making process and how to implement these decisions. These factors include: the rationale and process for decision-making; the importance of timing (child's, parent's, carer's, service system and legal system); how to meet the child's heightened developmental needs before, during and following this process; the importance of the child's identity; and the level and type of real-life support needed (by either the birth family or permanent care providers) on the ground. It is also about the relationships needed to provide children with the foundation of a secure base and a safe haven so they can learn that adults can provide comfort, safety and a base upon which they can learn to explore the world.

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