12. Child Protection

Family Law ◽  
2019 ◽  
pp. 825-915
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short

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.

Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George

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; 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.


2018 ◽  
Vol 51 ◽  
pp. 01003
Author(s):  
Vide Gudzinskiene ◽  
Rimvydas Augutavicius

The social assistance for social risk families in Lithuania is provided by child protection agencies, social welfare departments, family support and crisis centres, pedagogical-psychological services, care homes, various educational institutions and NGO's. One specific form of social support services for social risk families is called Children Day Care Centres (CDC), whose activities are based on a systematic set of measures designed to protect the social interests of children, to ensure social security and realize the basic needs. The aim of this research is to analyse the activities of CDC's in the context of helping to meet the needs of children at risk, who are also sometimes described in scientific literature as disadvantaged children. It is obvious that children growing within social risk families often do not have or have insufficient necessary skills-to communicate, to discover, to create. This significantly complicates the realization of needs of those children growing in families at risk or so called disadvantaged families. The social services in day care centres are organized for the best interests of such families. These institutions aim at giving the opportunities to meet the needs of children by creating the conditions to learn, create, spend their leisure time, and engage in a favourite activity.


2021 ◽  
Vol 12 (1) ◽  
pp. 89-94
Author(s):  
Anna Tselova ◽  

The article examines the development of the institutional model in the field of child protection and work for case management for child protection at risk by the Child Protection Department and social services in the community. Emphasis is placed on the most important periods in the development of policies for protection of children at risk in the Republic of Bulgaria, focusing on the current system for protection of children at risk and the developed network of social services in the community.


Author(s):  
Joanna Harris

Education is a basic human right, critical to the social and economic well-being of children and youth. It is so fundamental to a child’s well-being that Ontario courts have repeatedly recognized that educational neglect is a stand-alone child protection concern justifying state intervention. Courts in Ontario acknowledge that educational neglect is also a significant indicator of greater neglect within the child’s family. Education law, and child protection law, are remedies that should both be utilized to remedy educational neglect in a child’s life. Children involved with child welfare system are vulnerable and often fail to achieve basic educational goals as a result of preexisting neglect but also as a result of the system itself. Greater collaboration is needed between educators, social workers, and responsible Ministries to ensure that vulnerable children’s educational needs are met.


2018 ◽  
Vol 20 (1) ◽  
pp. 47-58 ◽  
Author(s):  
Laura Pritchard-Jones

Purpose The purpose of this paper is to explore and critique the conceptual and terminological shift – particularly from “vulnerability” to “adult at risk” – in adult safeguarding under the Care Act 2014 and the Social Services and Well-being (Wales) Act 2014. Design/methodology/approach The paper compares the notion of the vulnerable adult in safeguarding, with the notion of an adult at risk under the Care Act 2014 and the Social Services and Well-being (Wales) Act 2014 and questions to what extent such a shift addresses existing criticisms of “vulnerability”. Findings The paper criticises the notion of the “vulnerable adult” for perpetuating the stigma associated with an impairment or disability, and for the types of legal and policy responses deemed appropriate under such an understanding of vulnerability. While efforts to replace the term “vulnerable adult” with “adult at risk” are, to some extent, to be welcomed, “adult at risk” under the legislation relies on the same characteristics for which the “vulnerable adult” has been criticised. Nevertheless, the safeguarding provisions under the two Acts have made some strides forward in comparison to their legal and policy predecessors and the notion of the “vulnerable adult”. Originality/value This paper’s originality and value lie in its scrutiny of the notion of “vulnerability” in adult safeguarding, in comparison to the newer terminology of an “adult at risk”, whilst also suggesting that in important respects – in relation to the interventions deemed appropriate where an adult is perceived to be at risk – the two pieces of legislation are a marked improvement on their predecessors. It also offers some thoughts as to how criticisms of the new legislation may be overcome.


2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Abdul Azeez. E.P

Social Capital is the most crucial asset which significantly influence the efficacy and resilience of any community. Social capital is a dependent variable that depends upon the competence and coherence of the individuals in the community and mode of social relationships, trust and networks they maintain. It is one of the most sustainable social resources that originate from human relations and results on the mutual support of people. Utilization of Social capital has a wide applicability in the process of social inclusion, especially in dealing with the vulnerable and disadvantaged sections in the community itself. Voluntary organizations are very keen to utilize the social capital for community/social services and community development in a sustainable manner. Community based de-institutionalized Palliative Care is one of the foremost among such organizations that made social capital in a strategic way for social inclusion and community well being. This paper analyses the extent to which different elements of social capital helps in initiating the sustainable community based palliative care movement by assessing the unique intervention strategies carried out by the palliative care. This paper explores conceptual questions of how social capital and voluntary community based services are correlated. A case study method was adopted for the study in which ten palliative care units were analyzed. The results show that a number of social capital elements are playing a vital role in the sustainability of community palliative care movement in Kerala.


2021 ◽  
Vol 45 (2) ◽  
pp. 155-172
Author(s):  
David J Gilbert ◽  
Raja AS Mukherjee ◽  
Nisha Kassam ◽  
Penny A Cook

Fetal alcohol spectrum disorder (FASD) is one outcome from prenatal alcohol exposure. Social workers are likely to encounter children with the condition, due to the greater likelihood of prenatal alcohol exposure among children in social services settings. This study explores the experiences of social workers in working with children suspected of having FASD and the support offered to social workers, the children and their families. Semi-structured interviews followed by qualitative framework analysis were conducted with seven child and family social workers along with one child protection solicitor who had experience of handling FASD cases. The two main themes that emerged from the data were a lack of knowledge about FASD and the paucity of diagnosis. Lack of knowledge among the social workers was linked to difficulty in managing children suspected to have the condition, feelings of frustration and normalisation of challenging behaviours. The paucity of diagnosis led to an under-emphasis of FASD in assessments, a dearth of specialist services and confusion about its specific effects in contexts of multiple substance misuse and harmful socio-environmental factors. The need for increased FASD awareness within social services and the development of FASD-targeted support for children and families is highlighted. Social workers would benefit from the inclusion of FASD-focused training in their curricula and professional development plans. Improving the diagnostic capacities of health institutions would address the paucity of diagnosis and raise the profile of FASD, especially in the social services setting.


2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.


Author(s):  
Sergiy Kandiba ◽  
Natalia Safonik

The article analyses the main sources of financial provision for the social protection of persons with disabilities in Ukraine, including their own resources, budget resources at all levels and resources of enterprises of all forms of ownership; social trust funds, funds of charitable and social organizations and other sources. It is justified that socially oriented objects of expenditure are growing and account for a significant share in the structure of expenditure of the state budget. An analysis of the expenditure of local budgets on the social protection of persons with disabilities showed that expenditure in this area has been increasing since 2015, owing to the reform of decentralization. An evaluation of the activities of civil society organizations of persons with disabilities showed a decrease in the number of persons with disabilities who are employed and in the proportion of expenditures allocated to the social needs of persons with disabilities. Measures to improve the social protection and welfare of persons with disabilities in Ukraine are also financed from social welfare funds. Analysis of the provision of medical and social services by the Social Insurance Fund of Ukraine shows an increase in the number of persons with disabilities as a result of an industrial accident and an increase in the cost of medical and social services. It has been established that financial provision for the social protection of persons with disabilities from charitable organizations is provided in most cases in the form of targeted charitable assistance. The structure of the recipients of charitable assistance by category showed that the proportion of people with special needs among the recipients of charitable assistance was about 10 per cent. On the basis of the study, a number of problems affecting the well-being of persons with disabilities have been identified. Priorities have been set for the development of financial provision for the social protection of persons with disabilities. These include improving the targeting of social assistance, development of locally funded social protection programs, enhancing the social and labour integration of persons with disabilities, gender mainstreaming in the financial provision of social protection for persons with disabilities.


Author(s):  
Poulami Roychowdhury

Chapter 3 details why so many women wished to remain with their abusers and how it was they started moving toward the law despite their best efforts. Using interview and observation data, the author describes how women initially wished to avoid the law. They tried to “run a family” (sansar calano): work things out, make the violence stop, have a peaceful family life with people who had abused them. This chapter asks what it means to “run a family” and examines the social and institutional factors that shape women’s desires. It then goes on to show how, despite their commitments, in the process of seeking help women became enmeshed in kin networks that pushed them toward legal engagements.


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