scholarly journals Sole guardianship for permanent caregivers

2021 ◽  
Author(s):  
◽  
Jana Illiger
Keyword(s):  
Social Development ◽  
Foster Parents ◽  
White Paper ◽  
Green Paper ◽  
Parental Rights ◽  
Legal Regulations ◽  
Vulnerable Children ◽  
Legal Provisions

<p>This dissertation analyses whether permanent caregivers should be given sole guardianship responsibilities. It shows that the current legal regulations are not sufficient to secure the placement of a child with foster parents on a permanent basis. Therefore, it examines not only the Care of Children Act 2004 and the Children, Young Persons, and Their Children Act 1989, but also the Green Paper for Vulnerable Children as well as the White Paper for Vulnerable Children, launched in October 2012 by the Ministry of Social Development. The White Paper contains a suggestion to limit parental rights in order to secure the “Home for Life” policy, but fails to discuss the proposed amendments in depth and does not set out detailed provisions. In order to fill the gap in the present debate, this dissertation contains recommendations to amend the current legal provisions.</p>

scholarly journals Sole guardianship for permanent caregivers

2021 ◽  
Author(s):  
◽  
Jana Illiger
Keyword(s):  
Social Development ◽  
Foster Parents ◽  
White Paper ◽  
Green Paper ◽  
Parental Rights ◽  
Legal Regulations ◽  
Vulnerable Children ◽  
Legal Provisions

<p>This dissertation analyses whether permanent caregivers should be given sole guardianship responsibilities. It shows that the current legal regulations are not sufficient to secure the placement of a child with foster parents on a permanent basis. Therefore, it examines not only the Care of Children Act 2004 and the Children, Young Persons, and Their Children Act 1989, but also the Green Paper for Vulnerable Children as well as the White Paper for Vulnerable Children, launched in October 2012 by the Ministry of Social Development. The White Paper contains a suggestion to limit parental rights in order to secure the “Home for Life” policy, but fails to discuss the proposed amendments in depth and does not set out detailed provisions. In order to fill the gap in the present debate, this dissertation contains recommendations to amend the current legal provisions.</p>

scholarly journals The New Zealand doctor's role in child sexual abuse intervention: A legal analysis

2021 ◽  
Author(s):  
◽  
Elizabeth Dieckermann
Keyword(s):  
Sexual Abuse ◽  
New Zealand ◽  
Child Sexual Abuse ◽  
Health Professionals ◽  
Child Protection ◽  
Adult Survivors ◽  
White Paper ◽  
Vulnerable Children ◽  
Legal Provisions ◽  
Healthcare Needs

<p>This paper examines the New Zealand health professional’s role (with an emphasis on doctors) in several aspects of child sexual abuse intervention and treatment. Both current and proposed legal provisions are considered. After an explanation of their important role in this area, the current child protection framework insofar as it is relevant to health professionals is outlined. This is followed by an analysis of changes proposed in the Government’s White Paper for Vulnerable Children and Vulnerable Children Bill which will affect the landscape in which health professionals work. While there are benefits to proposed measures, some raise privacy and ethical concerns, or are inadequate to address the problem. The paper then addresses the legal requirements around the undertaking of medical examinations following a sexual abuse allegation, observing that the legislation raises questions around issues of consent, and making some suggestions for amendment. Finally, the general healthcare needs of adult survivors of abuse are considered.</p>

scholarly journals The New Zealand doctor's role in child sexual abuse intervention: A legal analysis

2021 ◽  
Author(s):  
◽  
Elizabeth Dieckermann
Keyword(s):  
Sexual Abuse ◽  
New Zealand ◽  
Child Sexual Abuse ◽  
Health Professionals ◽  
Child Protection ◽  
Adult Survivors ◽  
White Paper ◽  
Vulnerable Children ◽  
Legal Provisions ◽  
Healthcare Needs

<p>This paper examines the New Zealand health professional’s role (with an emphasis on doctors) in several aspects of child sexual abuse intervention and treatment. Both current and proposed legal provisions are considered. After an explanation of their important role in this area, the current child protection framework insofar as it is relevant to health professionals is outlined. This is followed by an analysis of changes proposed in the Government’s White Paper for Vulnerable Children and Vulnerable Children Bill which will affect the landscape in which health professionals work. While there are benefits to proposed measures, some raise privacy and ethical concerns, or are inadequate to address the problem. The paper then addresses the legal requirements around the undertaking of medical examinations following a sexual abuse allegation, observing that the legislation raises questions around issues of consent, and making some suggestions for amendment. Finally, the general healthcare needs of adult survivors of abuse are considered.</p>

scholarly journals Substantiation decision-making and risk prediction in child protection systems

2016 ◽  
Vol 12 (2) ◽  
Author(s):  
Emily Keddell
Keyword(s):  
Decision Making ◽  
Child Protection ◽  
Action Plan ◽  
White Paper ◽  
Green Paper ◽  
Vulnerable Children ◽  
Political Consequences ◽  
Ethical Implications ◽  
Policy Debates ◽  
Predictive Risk

In the last few years, predictive risk modelling has been suggested for use in the child welfare environment as an efficient means of targeting preventive resources and improving practitioner decision-making. First raised in the green paper on vulnerable children, then translated into the white paper on vulnerable children and the Children’s Action Plan, and now part of the Child, Youth and Family review remit, this particular tool has provoked a barrage of opinions and wide-ranging analyses, concerning ethical implications, feasibility and data issues, possible uses and political consequences (Ministry of Social Development, 2011, 2012). This has resulted in a flurry of media, academic and policy debates, both here and internationally, and many reviews and related publications.

scholarly journals THE ACCESSIBILITY OF BUILDINGS AND HOUSES FOR DISABLED PERSONS: THE LAW AND PRACTICE IN MALAYSIA

2012 ◽  
Vol 15 (1) ◽  
Author(s):  
Azlinor Sufian
Keyword(s):  
Social Development ◽  
Public Housing ◽  
Initial Step ◽  
Disabled Persons ◽  
Easy Access ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Statutory Requirement ◽  
Full Participation ◽  
The Law

Malaysia is one of the signatories to the proclamations of Asia & Pacific Decade of Disabled Persons (1993-2002), yet Malaysia is still lacking of comprehensive laws as regards to rights of persons with disabilities. The only law available is the Uniform Building (Amendment) By Laws, 1991(UBBL Amendment 1991) that provides for building requirements for disabled persons. This by law may be regarded as an initial step taken by Malaysia to ensure a disabled person’s right to full participation in social development. Despite the existence of this by law, most buildings in Malaysia do not have proper facilities or provide easy access for persons with disabilities. Similarly as far as housing is concerned there is no statutory requirement stipulating that housing (in particular public housing) should be designed to accommodate the needs of persons with disabilities. It is the aim of this article to look into some legal provisions related to barrier free buildings including housing in Malaysia.

Psychological Bonding Evaluations in Termination of Parental Rights Cases

2005 ◽  
Vol 33 (3) ◽  
pp. 387-411 ◽  
Author(s):  
Natalie M. Barone ◽  
Elayne I. Weitz ◽  
Philip H. Witt
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Foster Parents ◽  
Psychological Evaluation ◽  
Parental Rights ◽  
Protection Agency ◽  
Core Component ◽  
Termination Of Parental Rights ◽  
Psychological Evaluations

Involuntary termination of parental rights is one of the most extreme steps the court can take in intractable child abuse cases. Frequently, the court or the child protection agency requires a psychological evaluation of biological or foster parents under these circumstances. One core component of such evaluations is an assessment of the child's psychological bond with various caretakers, sometimes referred to as a bonding evaluation. This article describes the principles underlying such psychological evaluations and describes accepted methods of conducting these evaluations.

Parental Rights and the Temporality of Attachment: Law, Kinship, and Child Welfare in Japan

2021 ◽  
Vol 29 (3) ◽  
pp. 469-493
Author(s):  
Kathryn E. Goldfarb
Keyword(s):  
Child Welfare ◽  
Foster Parents ◽  
Regulatory Mechanisms ◽  
Parental Rights ◽  
Japanese Child ◽  
Japanese Family ◽  
Legal Norms ◽  
Placement Decisions ◽  
The Right ◽  
Relationship Of

Abstract This article explores the legal norms and regulatory mechanisms in Japan that structure child welfare placement decisions, focusing specifically on the legal category of “parental rights.” It is suggested that the ways child welfare officers and caregivers understand the concept of “rights”—both those of the biological parent(s) and the child—construe kinship relationships as problems to be managed, but with a particular orientation toward what is called in the article the temporality of attachment. Child welfare caseworkers’ understandings of legal categories, processes, and forms of documentation (such as the Japanese family registry) produce particular forms of kinship that prioritize a child's possible future relationship with an absent parent, above and beyond the day-to-day relationships children might develop with alternative caregivers such as foster parents. Despite the fact that the author's Japanese interlocutors often described kinship as an immutable relationship of blood ties, the author shows how kinship is in fact produced through specific encounters between (mostly absent) parents and their children, child welfare caseworkers, and foster and institutional caregivers, scaffolded by their engagement with legal and bureaucratic regimes. The article explores what parenthood means within Japanese child welfare, both as a temporalized form of relationality and as a set of legally structured claims to the right to care.

scholarly journals Reform of the Mental Health Act 1983: the Green Paper

2001 ◽  
Vol 25 (4) ◽  
pp. 126-128 ◽  
Author(s):  
A. S. Zigmond
Keyword(s):  
Mental Health ◽  
White Paper ◽  
Green Paper ◽  
Closing Date ◽  
Mental Health Act ◽  
Department Of Health

The profession awaits the Government's White Paper on a new Mental Health Act (MHA) with trepidation. At the time of writing, the closing date for consultation on the Green Paper (Department of Health, 1999a) has passed. None the less, discussion and lobbying must continue.

scholarly journals Ecological and Health Effects of Lubricant Oils Emitted into the Environment

2019 ◽  
Vol 16 (16) ◽  
pp. 3002 ◽  
Author(s):  
Paulina Nowak ◽  
Karolina Kucharska ◽  
Marian Kamiński
Keyword(s):  
Negative Impact ◽  
Lubricating Oil ◽  
Legal Regulations ◽  
Public Attention ◽  
Lubricating Oils ◽  
Legal Provisions ◽  
Petroleum Origin ◽  
The Impact ◽  
Cutting System ◽  
Petroleum Oil

Lubricating oils used in machines with an open cutting system, such as a saw or harvester, are applied in forest areas, gardening, in the household, and in urban greenery. During the operation of the device with an open cutting system, the lubricating oil is emitted into the environment. Therefore, the use of an oil base and refining additives of petroleum origin in the content of lubricants is associated with a negative impact on health and the environment. The current legal regulations concerning lubricants applicable in the European Union (EU) assess the degree of biodegradability. Legislation permits the use of biodegradable oils at 60% for a period of 28 days. This means that, in practice, lubricating oil considered to be biodegradable can contain up to 50% of the so-called petroleum oil base. The paper aims to draw public attention to the need to reduce the toxicity and harmful effects, due to their composition, of lubricating oils emitted into the environment on health. The authors discuss the impact of petroleum oil lubricants on soils, groundwater, vegetation, and animals, and the impact of petroleum-origin oil mist on health. An overview of test methods for the biodegradability of lubricating oils is presented, including the Organization for Economic Cooperation and Development (OECD) 301 A–F, 310, and 302 A–D tests, as well as their standard equivalents. The current legal regulations regarding the use and control of lubricating oils emitted into the environment are discussed. Legal provisions are divided according to their area of application. Key issues regarding the biodegradability and toxicity of petroleum fractions in lubricating oils are also addressed. It is concluded that lubricating oils, emitted or potentially emitted into the environment, should contain only biodegradable ingredients in order to eliminate the negative impact on both the environment and health. Total biodegradability should be confirmed by widely applied tests. Therefore, a need to develop and implement low-cost and simple control procedures for each type of lubricating oil, ensuring the possibility of an indisputable conclusion about the presence and total absence of petroleum-derived components in oil, as well as the content of natural ingredients, occurs.

THE PROHIBITION OF PLACING PETS INTO PUBLIC FACILITIES AS A SUBJECT OF REGULATION OF CLEANLINESS AND ORDER REGULATIONS IN THE COMMUNE

2019 ◽  
Vol 1 (XIX) ◽  
pp. 283-294
Author(s):  
Grzegorz Krawiec
Keyword(s):  
Local Government ◽  
The Self ◽  
Individual Rights ◽  
Legal Regulations ◽  
Public Facilities ◽  
Legal Provisions ◽  
The Republic ◽  
Principle Of Proportionality ◽  
Principle Of Legality ◽  
Local Rank

The legal regulations in Poland do not give the basis to enter the prohibition of placing pets into public facilities. Placing such prohibition in the act of local rank is a significant violation of the law, which makes it necessary to eliminate the norm from legal transactions. The self-government has a constitutionally guaranteed independence. However, this does not entitle the local government to introduce such a prohibition. This violates the principle of legality expressed in art. 7 of the Constitution of the Republic of Poland. Placing the prohibition in question is a violation of clearly statutory provisions. However, also other constitutional provisions remain violated if such a prohibition is introduced: these are, among others provisions regulating the principle of proportionality, resulting from art. 31 para. 3 of the Constitution of the Republic of Poland, which is expressed by the prohibition of excessive interference in the sphere of individual rights and freedoms. It requires legal means resulting from the application of legal provisions to be adequate to achieve the intended purpose and not go beyond what is necessary to achieve it

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