11. Child Protection: State Support for Children

2021 ◽  
pp. 705-769
Author(s):  
Polly Morgan
Keyword(s):  
Social Services ◽  
Child Protection ◽  
Legal Framework ◽  
The State ◽  
State Support ◽  
Local Authorities ◽  
Looked After Children ◽  
History Of ◽  
Difficult Situations ◽  
Or Applications

This chapter considers how the Children Act 1989 provided a legal framework within which the state can support children to remain with their families through difficult situations and intervene to protect them when they face unacceptable risks. The chapter starts by giving a brief history of child protection law. The chapter then looks at the inherent tension in protecting children while aspiring to support their life with their families, before considering local authorities' powers and duties, resources, and the ever-increasing numbers of children who are involved with social services, whether as c hildren in need, looked after children, or as subjects of child protection investigations or applications.

scholarly journals ‘Our legal responsibility…to intervene on behalf of the child’: Recognising public responsibilities for the medical treatment of children

2021 ◽  
Vol 21 (1) ◽  
pp. 19-41
Author(s):  
Jo Bridgeman
Keyword(s):  
Medical Treatment ◽  
Social Services ◽  
Local Authority ◽  
The State ◽  
Parental Authority ◽  
Best Interests ◽  
Legal Responsibility ◽  
Local Authorities ◽  
Professional Responsibilities ◽  
Seriously Ill

This article argues for recognition of public responsibilities to protect the welfare of children with respect to decisions affecting their health and medical treatment. As the quote in the title of this article, from David Plank, the Director of Social Services responsible for bringing the case of Baby Alexandra before the courts, identifies, early cases concerning children’s medical treatment were brought by local authorities to determine responsibilities to protect the welfare of children. In cases such as Re B (1981), Re J (1990) and Re W (1992), the court was asked not only to determine the child’s best interests but also to clarify the duties of the local authority, Trust, court and child’s parents to the child. The respective duties established apply to all involved in cases brought before the courts on the question of a child’s future medical treatment, whether or not the child is in the care of the state. Recent cases concerning the medical treatment of seriously ill children have involved claims of parental authority to determine the care of their child. To the contrary, this article argues that court involvement is required when parents are disagreed with the child’s treating doctors over the child’s medical treatment because of public as well as parental and professional responsibilities for the welfare of all children.

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.

scholarly journals STATE POLICY OF SOCIAL PROTECTION OF CHILDREN AS A SOCIAL SAFETY FACTOR: HISTORICAL EXPERIENCE OF EUROPEAN COUNTRIES FROM THE 17th to 21th CENTURIES.

2021 ◽  
pp. 752-770
Author(s):  
Svitlana Surgova ◽  
Olena Faichuk
Keyword(s):  
Social Services ◽  
State Policy ◽  
Social Protection ◽  
The State ◽  
European Countries ◽  
Historical Aspect ◽  
At Risk Children ◽  
The Social ◽  
History Of ◽  
The Uk

The historical aspect of the development of state social policy of social protection of children in Europe from the 17th to 21th centuries is considered in the article. The purpose of the article is to highlight the peculiarities of the historical development of the state policy of social protection of children in European countries of the 17th to 21th centuries and learning from the experience of social protection of children in the context of Ukraine's European integration. The regulatory framework of the system of social protection of children in Ukraine has been studied. The statistic on different categories of children in need of social protection by the state is analyzed. The structure of the system of social protection of children in Ukraine is considered. The research methodology is based on the principle of priority of universal human values. As part of the tools of the proposed work the theoretical one is the analysis and generalization of scientific sources, educational and methodological publications on the theme and synthesis, as well as comparison and generalization of data. Based on the analysis of materials on the peculiarities of social protection in the UK, Germany, France, Sweden and Norway, it was determined that the social protection of children in Europe is characterized by assistance to them in providing conditions for the realization of their rights and freedoms. Equally important is the setting up of various charitable institutions, schools, penal colonies that help children change, as well as the emergence of social services that protect the rights and interests of children. The authors suggest that in the course of the studying the history of the issue of state policy of children’s social protection, there is an opportunity for analogies, the implementation of already proven steps on the path of democratization of national social protection policy. The researchers see the prospects for further research in the study of global innovative forms of social protection and support for at-risk children.

scholarly journals ІСТОРИКО-ПІЗНАВАЛЬНЕ КІНО ЯК ФЕНОМЕН ПЕРІОДУ НЕЗАЛЕЖНОСТІ УКРАЇНИ

2019 ◽  
pp. 186-194
Author(s):  
О. І. Орлов
Keyword(s):  
Mass Communication ◽  
Historical Development ◽  
Popular Science ◽  
Legal Framework ◽  
The State ◽  
Soviet Period ◽  
Philosophical Hermeneutic ◽  
National School ◽  
Mass Consciousness ◽  
History Of

This article offers a survey of the historical-cognitive cinema in Ukrainian cinematography during the independence period. The author focuses on both thematic diversity of films, and philosophical, hermeneutic, psychoanalytic possibilities and demand of their thorough study. Indicated that, chronicle-documentary and popular science films of Ukraine during the independence period inherent mapping of historical development of the state and the Ukrainian people, social problems, and understanding the legal framework of Ukrainians. The article deals with the features of cinematography among other means of mass communication in the context of its influence on the mass consciousness. The tendencies of Ukrainian cinema as a distinctive genre in the field of directorial and acting art are analyzed. The process of formation of the national school of cinema during the Independence period is shown, and its activity with the work of directors of the previous Soviet period in the history of Ukrainian cinema art is compared. The contribution of Ukrainian actors of the theater and cinema, artists, scriptwriters and directors to the development of massive cinema playing during the independence period. As an example of the development of Ukrainian cinema, the trends of the historical – cognitive cinema during the Independence period were analyzed, on the basis of which the features of the country's exhibit in elite circles were determined.

scholarly journals Maternal adversity and variation in the rate of children entering local authority care during infancy in England: a longitudinal ecological study

2019 ◽  
Vol 4 (3) ◽  
Author(s):  
Rachel Pearson ◽  
Matthew Jay ◽  
Linda Wijlaars ◽  
Bianca De Stavola ◽  
Stuart Bedston ◽  
...  
Keyword(s):  
Child Protection ◽  
Local Authority ◽  
Hospital Admissions ◽  
Case Mix ◽  
Risky Behaviour ◽  
Local Authorities ◽  
Maternal History ◽  
Live Births ◽  
Local Case ◽  
History Of

BackgroundIn England, the rate at which infants enter care varies considerably by local authority, with little evidence on what drives these differences. Decisions instigating infant entry into care may be triggered by child protection concerns arising from parental ill-health or risky behaviour from pregnancy onwards. Main AimWe explored the extent to which adversity indicated within women’s hospitalisation history, pre-delivery, explained differences in rate of infant entry into care between local authorities. Methods/ApproachCombining data from several sources (Office for National Statistics Population Estimates, Public Health England Fingertips, 2011 Census, Children Looked After Return, and Hospital Episode Statistics), we derived population-level predictors for entry into care (i.e. local case-mix) for 131 English local authorities from 2006/07 to 2013/14. Our primary outcome was rate of infant entry into care. We used linear mixed-effects models to analyse the relationship between the outcome and percentage of live births with maternal history of adversity-related hospital admissions (i.e. any admission indicating substance misuse, mental ill-health, or violence, up to 36 months pre-delivery), adjusting for other case-mix measures. ResultsRate of infant entry into care (mean: 85.16 per 10,000 [min-max: 0.00-318.51]) and percentage of live births with maternal history of adversity-related hospital admissions (4.62%, [0.52-16.19%]) varied greatly by local authority. Prevalence of maternal adversity accounted for 24% of variation in rate of entry (95% CI: 14-35%). After adjustment, there was evidence that a percentage point increase in prevalence of maternal adversity - both over time and between local authorities - is associated with an extra 2.56 infants, per 10,000, entering care (1.31-3.82). Conclusion Prevalence of maternal adversity prior to birth helps to explain differing rates of infant entry into care among local authorities. Further research using individual-level linked parent-child data is required to ascertain whether interventions to reduce maternal adversity before birth would decrease rate of infant entry into care.

scholarly journals Emergency management in the Republic of Serbia during the Covid-19

2021 ◽  
Vol 6 (2) ◽  
pp. 73-80
Author(s):  
Katarina Štrbac ◽  
Duško Tomić
Keyword(s):  
Emergency Management ◽  
Local Governments ◽  
Legal Framework ◽  
The State ◽  
Framework Analysis ◽  
State Of Emergency ◽  
Organizational Challenges ◽  
History Of ◽  
The Republic ◽  
First Time

For the first time in the history of humanity, the world encountered a global emergency that showed all the weaknesses of emergency management and the unwillingness of states to respond to that challenge adequately. Although it is evident that the governments in which the state-owned health care system adapted more quickly to the epidemic, it was also apparent that the emergency management was practically on local governments, but also that the states with a clearly defined legal framework and established management systems emergencies are easier to deal with such an emergency. In the Republic of Serbia, there is a legally prescribed procedure for acting in epidemics, which is a sufficient basis for engaging emergency management. The organizational challenges of the epidemic are practically the responsibility of local self-government units, and so far, although the epidemic is still ongoing, according to available data, it seems that they are adequately responding to that challenge. This paper is based on the legal framework analysis for introducing the state of emergency and the practical research of the engagement of local self-governments during the epidemic.

Pirates and Publishers

2019 ◽  
Author(s):  
Fei-Hsien Wang
Keyword(s):  
Cultural History ◽  
Legal Framework ◽  
The State ◽  
Common Belief ◽  
State Legislation ◽  
Late Imperial ◽  
History Of ◽  
State Agents ◽  
Changing Knowledge ◽  
Foreign Ideas

This book reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. It draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, the book presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, the book demonstrates the pivotal roles of those who produce and circulate knowledge.

Accounting for “moral betterment”

2017 ◽  
Vol 30 (8) ◽  
pp. 1843-1866 ◽  
Author(s):  
Susan Greer ◽  
Patty McNicholas
Keyword(s):  
Legal Framework ◽  
The State ◽  
Welfare Recipients ◽  
Policy Changes ◽  
Content Type ◽  
Political Rationality ◽  
South Wales ◽  
History Of ◽  
Labour Contracts ◽  
Aboriginal Children

Purpose The purpose of this paper is to analyse the roles of accounting within state-based agencies which interpreted the ideal of protection for the Aboriginal population as principally about the removal of children from the Aboriginal communities to institutions of training and places of forced indenture under government-negotiated labour contracts. Design/methodology/approach The study uses the original archival records of the New South Wales Aborigines Protection and Welfare Boards (1883-1950) to highlight the link between pastoral notions of moral betterment and the use of accounting technologies to organise and implement the “apprenticeship” programmes. Findings The analysis reveals that accounting practices and information were integral to the ability of the state to intervene and organise this domain of action and, together with a legal framework, to make the forced removal of Aboriginal children possible. Social implications The mentalities and practices of assimilation analysed in the paper are not unique to the era of “protection”. The study provides a history of the present that evokes the antecedents to recent welfare policy changes, which encompass a political rationality directed at the normalisation of the economic and social behaviours of both indigenous and non-indigenous welfare recipients. Originality/value The paper provides an historical example of how the state enlisted accounting and legal technologies to construct a crisis of “neglect” and to intervene to protect and assimilate the Aboriginal children.

“Keeping the Natives Under Control”: Race Segregation and the Domestic Dimensions of Empire, 1920–1939

1993 ◽  
Vol 44 ◽  
pp. 64-78 ◽  
Author(s):  
Laura Tabili
Keyword(s):  
Twentieth Century ◽  
The State ◽  
State Support ◽  
Racial Conflict ◽  
Racial Barriers ◽  
History Of ◽  
British State

Scholars examining ethnic and racial barriers in twentieth-century societies have argued that they function to reinforce workplace inequalities, perpetuating a substratum of superexploited and disenfranchised workers for the benefit of capital. Debate continues as to whether the state, deliberately or inadvertently, willingly or unwillingly, has helped to reinforce these barriers. Locating the history of British state support for race segregation within this debate is an effort to move discussion away from the prevalent and unfocused emphasis on popular racism or “intolerance” to examine the material underpinnings of racial conflict.

scholarly journals ACTUAL PROBLEMS OF STATE FINANCING IN THE CONTEXT OF IMPLEMENTATION OF PARTNER INFRASTRUCTURE PROJECTS OF THE STATE AND BUSINESS

2021 ◽  
pp. 79-93
Author(s):  
Bohdana SHULIUK
Keyword(s):  
Public Funding ◽  
Public Private Partnership ◽  
The State ◽  
Infrastructure Projects ◽  
State Support ◽  
Local Authorities ◽  
Private Partnership ◽  
State And Local ◽  
State Financing ◽  
Financial Participation

Introduction. An integral condition for the efficient functioning of the economy is the constructive financial interaction between the state and business. Such cooperation is due to the need to improve the infrastructure sectors, the efficiency of which affects not only the welfare and quality of life, but also creates the conditions for intensifying investment activities and increasing productivity in the fields of material production. However, modernization of infrastructure is not possible only at the expense of private partners, so it requires financial participation of state or local authorities. The purpose of the article is to identify the problems of public funding of public-private partnership infrastructure projects in Ukraine and to develop recommendations for their solution, taking into account the best world practices. Results. The study showed that public funding of public-private partnership projects in Ukraine is carried out through the use of direct and indirect state support. It is established that its forms are insufficiently adapted in domestic practice, as they have a restrictive nature of action, and also contain many gaps in the legislation. Conclusions. Increasing the investment attractiveness of infrastructure projects implemented on the basis of public-private partnership requires state support. At the same time, state and local authorities should adhere to the provisions: providing state support in the process of implementing strategically important PPP projects in the field of socio-economic activities by legislative regulation of the procedure for determining the level of contribution of a supported investment project; determining the type of financial participation of the state (provision of state guarantees, subsidies or budget investments) should be based on economically justified performance indicators; involvement of state representatives to assess the feasibility of choosing certain forms of state support, forecasting the possible risks to prevent budget imbalances; ensuring transparency of public funding of PPP projects, which will increase the level of confidence in the investment market.

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