Child Protection, Permanency Planning and Children's Right to Family Life

2003 ◽  
Vol 17 (2) ◽  
pp. 147-172 ◽  
Author(s):  
P. Parkinson
Keyword(s):  
Family Life ◽  
Child Protection ◽  
Permanency Planning

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 ‘Evidence’ of Neglect as a Form of Structural Violence: Parents with Intellectual Disabilities and Custody Deprivation

2018 ◽  
Vol 6 (2) ◽  
pp. 66-73 ◽  
Author(s):  
Hanna Björg Sigurjónsdóttir ◽  
James G. Rice
Keyword(s):  
Intellectual Disabilities ◽  
Family Life ◽  
Child Protection ◽  
Structural Violence ◽  
Supplementary Information ◽  
International Literature ◽  
Marginalised Groups ◽  
Parenting Role ◽  
Prejudicial Attitudes ◽  
Parents With Intellectual Disabilities

This contribution draws upon the findings from a multi-year project in Iceland entitled <em>Family Life and Disability</em>. One goal of the project was to analyse whether or not parents with intellectual disabilities (ID) experienced differential treatment in custody deprivation proceedings. The dataset consisted of the analysis of publicly available court documents concerning custody deprivation cases from 2012 to 2017. The project later expanded its dataset to include supplementary information provided by parents. The initial findings mirrored that of the international literature, that parents with ID faced disproportionate levels of permanent custody deprivation and prejudicial attitudes from the child protection system. This contribution critically explores the evidence of parenting neglect that forms of basis for custody deprivation in our dataset. Both authors noted a preponderance of evidence in our dataset that appeared strange and at times absurd, and generally did not appear in cases were ID was not a factor. We contend that this evidence played a prejudicial role in the outcome of these cases. In conclusion we argue that the patterned reliance upon this kind of ‘evidence’ is a form of structural violence which serves to unjustly exclude marginalised groups from the parenting role.

12. Child Protection

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
At Risk ◽  
Family Life ◽  
Child Protection ◽  
Local Authority ◽  
State Intervention ◽  
Legal Framework ◽  
Significant Harm ◽  
The Law ◽  
Interim Measures ◽  
Academic Debate

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.

Children and the European Court of Human Rights

2020 ◽  
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
Juvenile Justice ◽  
Family Life ◽  
Child Protection ◽  
Children's Rights ◽  
The State ◽  
Individual Agency ◽  
European Court ◽  
Comprehensive Examination ◽  
The Way

This book provides a comprehensive and detailed overview of the jurisprudence of the European Court of Human Rights as it relates to children. Covering areas including juvenile justice, the immigration system, and education and religion, as well as family life, child protection, and adoption, it undertakes a comprehensive examination of the way in which the Court has approached the rights of children, both in relation to their parents and in relation to the state. In doing so, it tracks the evolution of the Court’s treatment of children’s rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children’s individual agency.

scholarly journals Governing Parental Drug Use in the UK: What’s Hidden in “Hidden Harm?”

2020 ◽  
Vol 47 (3) ◽  
pp. 170-187
Author(s):  
Anne Whittaker ◽  
Fiona Martin ◽  
Anna Olsen ◽  
Emma Wincup
Keyword(s):  
Child Welfare ◽  
Drug Use ◽  
Family Life ◽  
Child Protection ◽  
Public Discourse ◽  
Social Inequalities ◽  
State Intervention ◽  
Advisory Council ◽  
The Uk ◽  
Parental Drug Use

In 2003, the UK Advisory Council on the Misuse of Drugs published Hidden Harm, the product of an inquiry that exposed the “problems” of parental drug use and its neglect by professionals. It outlined an extensive program of reforms designed to protect children from harm. Despite its far-reaching influence, it has rarely been subject to scrutiny, with analyses focusing on its impact instead. Drawing on Bacchi’s post-structuralist “What’s the Problem Represented to be” approach, we examine problematizations within Hidden Harm and their implications for the governance of family life. We illustrate how Hidden Harm produced a simplified version of parenting and child welfare within the context of drug use by largely equating drug use with “bad” parenting and child maltreatment and by ignoring the social determinants of health and the wider social ecology of family life. Using a tried-and-tested driver of policy change, Hidden Harm created a “scandal” about the lack of intervention by professionals that was used to justify and legitimize increased state intervention into the lives of parents who use drugs. Hidden Harm proposed simplistic “solutions” that centered on drug treatment, child protection and the responsibilization of professionals to govern “risky” parents. We argue these rationalities, subjectivities and strategies serve to marginalize and stigmatize families further and hide alternative approaches to understanding, representing and responding to the complex needs of children and families who are disproportionately affected by health and social inequalities. By uncovering what is hidden in Hidden Harm, we aim to stimulate further research and theoretically informed debate about policy and practice related to child welfare, parenting and family life within the context of drug use. We conclude with some ideas about how to reframe public discourse on parents who use drugs and their children, in tandem with collaborative responses to alleviate child poverty and inequalities.

scholarly journals Permanency Planning Concepts

2012 ◽  
Vol 37 (3) ◽  
pp. 100-107 ◽  
Author(s):  
Jennifer Osmond ◽  
Clare Tilbury
Keyword(s):  
Child Protection ◽  
Planning Process ◽  
Permanency Planning ◽  
Children And Young People ◽  
Out Of Home Care ◽  
Essential Components ◽  
Planning Concepts ◽  
Children In Care

Permanency, stability and continuity are essential components of quality out-of-home care. Permanency planning is a case planning process designed to promote stability and long-term connections for children subject to child protection intervention. This paper outlines findings from a small qualitative study that explored perceptions of permanency planning held by child protection practitioners, carers, and the parents of children in care in Queensland, Australia. Findings show that each group emphasised different aspects of permanency. Practitioners tended to focus on placement arrangements, carers focused on relationships and security, and parents were concerned about the quality of care their children received. Everyone involved in permanency decisions – whether children and young people, parents, carers or child protection practitioners – has ideas, theories and knowledge that they draw upon in expressing their views. Understanding these perspectives is useful for the decision-making process, as each stakeholder communicates with others about what they think is most important for the child. Implications for child protection practice include having a clear practice language and approach to permanency planning, exploring the unique areas of importance to different stakeholders on permanency planning, and ensuring quality participatory practice.

International Parenting and Child Protection Matters Beyond the Specific Issue of Parental Child Abduction: The 1996 Hague Convention on the International Protection of Children

2013 ◽  
Vol 38 (4) ◽  
pp. 156-161
Author(s):  
Sandrine Alexandre-Hughes
Keyword(s):  
Family Life ◽  
Child Protection ◽  
Hague Convention ◽  
Legal Issues ◽  
Protection Measures ◽  
International Protection ◽  
Child Abduction ◽  
Access Rights ◽  
Parental Abduction ◽  
Comprehensive Framework

The globalisation of the economy and the increasing ease of travel have led to the internationalisation of families. Bi-national couples and families relocating from one country to another are now commonplace. The international element of family life often leads to complex legal situations – such as international parental abduction – when these families are facing a crisis. However, the scope of legal issues arising from the internationalisation of families and affecting children is wider than the abduction problem and can relate to relocation, access rights, urgent protection measures or transborder placement, to name only a few. This paper aims to present the 1996 Hague Convention on the International Protection of Children which establishes a comprehensive framework ensuring the effectiveness of the rights of children involved in a crossborder situation.

Predictive risk modelling and the mistaken equation of socio-economic disadvantage with risk of maltreatment

2020 ◽  
Author(s):  
Hélène Vannier Ducasse
Keyword(s):  
Family Life ◽  
Child Protection ◽  
Central Government ◽  
Economic Disadvantage ◽  
Risk Models ◽  
Local Authorities ◽  
Risk Modelling ◽  
Misleading Evidence ◽  
Institutional Structures ◽  
Predictive Risk

Abstract In UK, the involvement of the state in private family life has significantly changed since 1989, and is about to undergo yet further transformation with the adoption of predictive risk modelling. Its implementation by at least eight local authorities and promotion by the central government operates an ontological and methodological revolution in child protection policies and practice. This article particularly discusses the conceptual and empirical limits to their use. It makes the case that the data fed to risk models, and the institutional structures through which they are run, limit the understanding of maltreatment. Based on misleading evidence, risk models are set to mistakenly equate socio-economic disadvantage with risks, thus threatening to automatise the discrimination and alienation of the poorest sections of the population.

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