Børns tarv og børns ret: Varetages de nødvendige hensyn til barnet i børneforsorgssager?

Tine Egelund: Children’s interests and children’s rights: do cases about child support take necessary consideration of the child This article questions whether the Child Protective Services Act is in the best interest of the child and respects the rights of the child. The article illustrates the idea of the best interest of the child by reviewing the discourses on children’s needs in the Convention on the rights of the child, Danish legislation on child protection, and research on child neglect and abuse. It is argued that none of these sources offer clear guidelines for practice as to how to take the best interest of the child into consideration. In reality, the best interest of the child is decided by the individual social worker, who works within a framework with few legal restrictions, and whose assessments are based on scanty knowledge. The article demonstrates that children have few and limited rights in Danish legislation, and that the most important decisions about their fate rest on professional assessments, for which there are only few standards. In addition, studies show that the child protection services often violate the few rights that children have.

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‘Rising demand and decreasing resources’: Theorising the ‘cost of austerity’ as a barrier to social worker discretion

Journal of Social Policy ◽

10.1017/s0047279421000507 ◽

2021 ◽

pp. 1-18

Author(s):

CIARÁN MURPHY

Keyword(s):

Social Worker ◽

Child Protection ◽

Child Protection Services ◽

Radical Reform ◽

Critical Realist ◽

Documentary Analysis ◽

Effective System ◽

The Individual ◽

The Uk ◽

The Cost

Abstract The Munro Review of Child Protection asserted that the English child protection system had become overly ‘defensive’, ‘bureaucratised’ and ‘standardised’, meaning that social workers were not employing their discretion in the interests of the individual child. This paper reports on the results of an ethnographic case study of one of England’s statutory child protection teams. The research sought to explore the extent of social worker discretion relative to Munro’s call for ‘radical reform’ and a move towards a more ‘child-centred’ system. Employing an iterative mixed methods design – encompassing documentary analysis, observation, focus group, questionnaire, interview and ‘Critical Realist Grounded Theory’ – the study positioned the UK Government’s prolonged policy of ‘austerity’ as a barrier to social worker discretion. This was because the policy was seen to be contributing to an increased demand for child protection services; and a related sense amongst practitioners that they were afforded insufficient time with the child to garner the requisite knowledge, necessary for discretionary behaviour. Ultimately, despite evidence of progress relative to assertions that social worker discretion had been eroded, the paper concludes that there may still be ‘more to do’ if we are to achieve the ‘child-centred’ and ‘effective’ system that Munro advocated.

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Kulturelle verdier og barnevernet: Ulike forståelser av «barnets beste»

Verdier i barnevern ◽

10.23865/noasp.103.ch5 ◽

2020 ◽

pp. 89-111

Author(s):

Mari Rysst

Keyword(s):

Cultural Values ◽

Child Protection ◽

Immigrant Families ◽

Psychological Anthropology ◽

Best Interest ◽

Child Protection Services ◽

Personal Experiences ◽

Better Than ◽

Parenting Values

In this chapter I discuss cultural values related to child protection services (CPS). More precisely, I focus on professionals working in CPS and their relationship and meetings with families of immigrant origins. These meetings often reflect different cultural values and understandings of “the best interest of the child” and may cause tensions and misunderstandings. In the Norwegian CPS system, professionals have to draw on professional and personal experiences in decisions concerning the “best interest of the child”. This chapter uses concepts and perspectives from psychological anthropology to throw light on these processes. This is because these perspectives show how ideas and experiences are internalized and embodied as dispositions in habitus that may motivate certain actions when professionals and immigrant families meet. I also discuss whether some reactions and advice from professionals may be understood as ethnocentric because Norwegian parenting values are presented as “better” than parenting values from other countries.

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Evaluation and Risk Assessment of Child Neglect in Public Child Protection Services

Neglected Children: Research, Practice, and Policy ◽

10.4135/9781452225586.n10 ◽

2014 ◽

pp. 191-210 ◽

Cited By ~ 8

Author(s):

Diana J. English

Keyword(s):

Risk Assessment ◽

Child Protection ◽

Child Neglect ◽

Child Protection Services

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Understanding Child Neglect. Current Perspectives in Dentistry

Primary Dental Care ◽

10.1308/135576110791654883 ◽

2010 ◽

Vol os17 (3) ◽

pp. 105-109 ◽

Cited By ~ 9

Author(s):

Richard Balmer ◽

Emily Gibson ◽

Jenny Harris

Keyword(s):

Child Protection ◽

Child Neglect ◽

Clinical Excellence ◽

British Society ◽

National Guidelines ◽

Child Protection Services ◽

The Subject ◽

Recognition And Response ◽

Agency Management ◽

Dental Neglect

The aim of this paper is to update the reader on the subject of dental neglect in children. Recent national guidelines produced by the National Institute for Health and Clinical Excellence and the British Society of Paediatric Dentistry have raised the profile of this condition by providing specific, evidence-based recommendations for recognition and response to dental neglect. Dental neglect may be a sign of general neglect or may be considered maltreatment in itself. The specific dental and non-dental features are described and actions secondary to a diagnosis of dental neglect are discussed. Three types of intervention are described: preventive dental team management, preventive multi-agency management, and referral to child protection services. With increasing awareness of this condition and through access to the expertise of other specialist agencies in this field, the primary care practitioner can play a key role in safeguarding the welfare of children.

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Victoria's Protective services and the ‘Interim’ Fogarty Report: Is This the Right Road at Last?

Children Australia ◽

10.1017/s1035077200002546 ◽

1990 ◽

Vol 15 (1) ◽

pp. 12-15 ◽

Cited By ~ 9

Author(s):

Christopher R. Goddard

Keyword(s):

Child Protection ◽

Protection System ◽

Interim Report ◽

Protective Services ◽

Child Protection Services ◽

History Of ◽

Effectiveness And Efficiency ◽

The Right

The history of the provision of child protection services in Victoria, and the lack thereof, is a long and complex one. Yet another twist in the tale occurred recently.A report by Mr Justice Fogarty and Mrs Delys Sargeant, entitled Protective Services for Children in Victoria: An Interim Report, was released in January 1989. This report (hereinafter the Fogarty Report) was commissioned by the Victorian Government in August 1988:“… to inquire into and advise it upon the operation of Victoria's child protection system and on measures to improve its effectiveness and efficiency.”

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INSTITUTIONAL SUPPORT OF CHILD PROTECTION POLICY

Politology bulletin ◽

10.17721/2415-881x.2018.82.62-70 ◽

2019 ◽

pp. 62-70

Author(s):

Anna Stychynska

Keyword(s):

Civil Society ◽

Child Protection ◽

Child Neglect ◽

Legal Protection ◽

Fundamental Rights ◽

Sex Industry ◽

International Protection ◽

Protection Policy ◽

Rights Of The Child ◽

Child Protection Policy

Ukraine’s independence in 1991 made the democratic transformations began, aimed to form the civil society, the development of a rule of law, within, according to the Constitution, a person, his life and health, honor, dignity, integrity and other rights and freedoms are recognized as the highest social value. This, in turn, defines the content and focus of the activities of the state and all its bodies in securing these conquests of world civilization as one of the main responsibilities. It is not enough to declare them at the constitutional and legislative levels for the realization of fundamental rights and freedoms of the individual and the citizen. They must be fully secured through legal and social measures and their existence. Among the various measures for the realization of human and citizen’s rights and freedoms, the Institute of International Protection of the Rights of the Child occupies a special place, as a set of international legal norms governing the international policy and cooperation of the states for the protection and protection of the rights of the child. As part of the international protection of human rights and freedoms, the child protection policy is of paramount importance. It is the area that should take priority in the international political arena. The protection of the rights of the child is also important as a guarantee of the existence, implementation, and protection of the Constitution of Ukraine. The primary purpose of protection is the legally foreseen ability of the child to use compulsory actions to enforce his or her legal obligation to enforce the obliged person’s behavior in order to protect his or her right. The urgency of gender is essential to accelerate the creation of an effective legal mechanism for the protection of the rights of the child. In addition, the existence of a real «legal protection» of the child as a whole, as well as of the state’s responsibility to the child, is the factor that asserts in the human consciousness the idea of justice, the expediency of the existing state power, thereby ensuring its legitimacy. Formation of civil society and the integration of this country into the European community are impossible without a well-grounded state policy for the protection of the rights of the child. Therefore, the development of international cooperation in this field is especially relevant to Ukraine, since overcoming child neglect and homelessness, adopting children, preventing their involvement in the sex industry can only be ensured in close cooperation with other countries and using their experience.

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Clinical Opinion Letters Regarding Breastfeeding and Neonatal Abstinence Syndrome for Child Apprehension Family Court Proceedings

Journal of Human Lactation ◽

10.1177/0890334418818421 ◽

2018 ◽

Vol 35 (2) ◽

pp. 349-353

Author(s):

Martha Jane Paynter

Keyword(s):

Replacement Therapy ◽

Child Protection ◽

Best Interests ◽

Family Court ◽

Neonatal Abstinence Syndrome ◽

Abstinence Syndrome ◽

Opioid Use ◽

Best Interest ◽

Rights Of The Child ◽

Opioid Replacement Therapy

The accelerating reach of opioid use disorder in North America includes increasing prevalence among pregnant people. In Canada, the rate of Neonatal Abstinence Syndrome (NAS) rose 27% between 2012–2013 and 2016–2017, and it is estimated that 0.51% of all infants now experience NAS after delivery. Pregnant people are a priority population for access to opioid replacement therapy programs. Participation in such programs demonstrates significant commitment to self-care among pregnant people and concern for fetal and infant wellbeing. Participation in opioid replacement therapy often results in family surveillance by Child Protection Services and infant apprehension. Children of Indigenous descent are held in foster care at high and disproportionate rates.The Convention on the Rights of the Child principle of Best Interests of the Child governs family law and child access decisions. The value of breastfeeding for all children and in particular for children recovering from NAS can be a consideration in the Best Interest of the Child. Clinicians with expertise in lactation may support the breastfeeding dyad to remain together by preparing Clinical Opinion Letters for the court. This Insights into Policy presents a how-to description of the content of clinical opinion letters in such cases, including context and process considerations, client background, breastfeeding science, and factors specific to neonatal abstinence syndrome.

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Does Ireland Measure Up?

The International Journal of Children s Rights ◽

10.1163/15718182-02604001 ◽

2018 ◽

Vol 26 (4) ◽

pp. 626-663

Author(s):

Fiona Broughton Coveney

Keyword(s):

Child Protection ◽

Prenatal Alcohol Exposure ◽

Alcohol Exposure ◽

Legal Interpretation ◽

Best Interest ◽

Policy And Practice ◽

Rights Of The Child ◽

Law And Policy ◽

United Nations Convention ◽

Prenatal Alcohol

This article examines protection rights under the United Nations Convention on the Rights of the Child 1989 (crc) and assesses the extent to which such protection rights are afforded to prenatal children in Ireland in the context of prenatal exposure to alcohol. It follows on from the article, “Overstepping the Mark?” (Broughton, 2016: 687–717) in which the author demonstrates the possibilities for the application of the crc to prenatal children. Within the context of protection rights under the crc, this article examines Irish law and policy on protecting children from prenatal alcohol exposure, through the lenses of both child protection and public policy. The central thesis of the article is that although Irish law has the potential to offer prenatal children crc protection rights from this type of harm, legal interpretation has hindered this potential and legal clarity is now necessary to bolster policy and practice, in the best interest of children.

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