scholarly journals Indigenous Children’s ‘Best Interests’ at the Crossroads

2012 ◽  
Vol 5 (2) ◽  
pp. 25-35 ◽  
Author(s):  
Kyllie Cripps
Keyword(s):  
Child Protection ◽  
Best Interests ◽  
Nation State ◽  
Out Of Home Care ◽  
The Family ◽  
Indigenous Children ◽  
Protection Systems ◽  
Rights Discourse ◽  
The Many ◽  
Children In Care

This article reviews the use of the term ‘best interests’ as it is commonly used in Australian child protection systems and its application in Indigenous contexts. In 2010–11 there were some 12,358 Indigenous children in out-of-home care in Australia, representing 32.85% of the total number of Australian children in care. In this review, I carefully consider, in the context of a rights discourse, the many influences, historical and present day, Indigenous and non-Indigenous, that have contributed to this situation. While the ‘family’ has traditionally been considered a private sphere in which the state rarely intervenes, I seek to investigate why the nation state has increased surveillance of and intervention into Indigenous families. The article concludes with a reflection on how the nation state, and its agents via child protection authorities, can take stock of the present situation to consider more meaningful ways of supporting Indigenous mothers, families and communities to raise their children in safety

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Child Protection

2020 ◽  
pp. 304-351
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Child Protection ◽  
Family Reunification ◽  
Best Interests ◽  
Alternative Care ◽  
Parents And Children ◽  
The Family ◽  
Procedural Rights ◽  
Emergency Measures ◽  
The Way

This chapter analyses the obligations placed on domestic authorities in the field of child protection. It starts by examining the way in which the Court has attempted to balance the rights of parents and children in this area, and in particular, the place of the ‘best interests’ principle in the Court’s jurisprudence. The chapter then goes on to consider the substantive rights in this area, including emergency measures, the removal of the child from the family, and their placement in alternative care, before examining the extensive procedural rights for parents and children under Articles 6 and 8. Finally, it details the jurisprudence of the Court concerning family reunification and the positive obligations placed on states to facilitate this.

Children and Young People in Out-of-Home Care: Treating and preventing individual, programmatic and systems abuse.

1992 ◽  
Vol 17 (2) ◽  
pp. 17-25 ◽  
Author(s):  
Jo Cavanagh
Keyword(s):  
Young People ◽  
Home Care ◽  
Child Protection ◽  
Social Stress ◽  
Vulnerable Children ◽  
Developmental Needs ◽  
Children And Young People ◽  
Child Protection Services ◽  
Out Of Home Care ◽  
The Family

It is well recognised that the maltreatment of children results from a range of factors; some residing within the person, their family history and background, and others, clearly attributable to social stress and difficulties originating external to the family. In the last few decades, child welfare efforts have centred on the improvement of Child Protection Services and raising the prevention of child abuse as a community concern. More recently, attention has been focussed on strengthening the capacity of families to nurture and protect their own as the best means of meeting the developmental needs of children. However, our best efforts to assist families may still necessitate removal to protect the child.Research has identified that children removed for their own protection may be at even greater risk in out-of-home care. (Ryan 1987, Dawson 1984) Whether the incidence of abuse of children in out-of-home care is currently equivalent or higher than for the general population, is at this point a secondary concern. Out-of-home care is an essential and complex service. It is imperative to acknowledge that abuse can occur within the very system entrusted with the responsibility of protecting and caring for vulnerable children and young people.

Following the Report

2019 ◽  
pp. 202-221
Author(s):  
Lea Tufford
Keyword(s):  
Knowledge Base ◽  
Child Protection ◽  
Comfort Level ◽  
Potential Outcomes ◽  
Child Protection Services ◽  
Practice Models ◽  
The Family ◽  
Indigenous Children ◽  
Physical Examinations ◽  
Reporting Source

This chapter discusses what happens after a report to Child Protection Services (CPS), including foundations of CPS authority, contact with the reporting source, interviews with children, parental consent, physical examinations, interviewer skills, service to Indigenous children, and practice models. This content is embedded in a demonstration of the child protection services path. By clarifying the processes and potential outcomes of a child protection investigation, this chapter aims to increase mandatory reporters’ comfort level and knowledge base when contacting CPS. The information provided herein about child protection investigations aims to increase reporters’ sense of confidence and credibility when reporting, which may subsequently enhance their feeling of efficacy when advocating for the family.

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.

Consumer groups in child protection: Enhancing the accountability of the system

1998 ◽  
Vol 23 (2) ◽  
pp. 33-38 ◽  
Author(s):  
Philip Mendes
Keyword(s):  
Young People ◽  
Child Protection ◽  
Australian Association ◽  
Biological Parents ◽  
Protection Systems ◽  
State Child ◽  
Children In Care

The theme of this paper is the central role of consumer groups in promoting greater accountability in child protection systems. In recent years, numerous Australian authors have drawn attention to the failings of our State child protection systems. Particular concern has been expressed about the potential ‘systems abuse’ of children in care, and the failure of statutory systems to engage or adequately consider the perspectives of biological parents. One of the principal reasons for these deficits appears to be the absence of formal consultation mechanisms with consumers of protection services. This paper considers the recent rise of consumer groups of both young people in protection and care, and their parents/caregivers, in relation to the above concerns, with particular reference to Victoria. Attention is drawn to both the strengths and weaknesses of the better known groups such as the Australian Association of Young People in Care and their State affiliates, and the Parent Inquiry into Child Protection. The author believes that the role of consumer groups as a ‘watchdog’ will become even more important with the intended privatization of some State child protection systems.

scholarly journals Defining well-being for Indigenous children in care

2007 ◽  
Vol 32 (2) ◽  
pp. 15-20 ◽  
Author(s):  
Anthony McMahon ◽  
Lucinda Reck ◽  
Malcolm Walker
Keyword(s):  
Child Protection ◽  
Spiritual Development ◽  
Foster Children ◽  
Strategic Change ◽  
Well Being ◽  
Child Protection Workers ◽  
The Social ◽  
Indigenous Children ◽  
Spiritual Well Being ◽  
Children In Care

Indicators for children in care typically describe the administrative status of children, an approach that serves administrative decision-making more than the personal well-being of foster children. At the same time, there is little research on what constitutes indicators of the personal well-being of children in care, especially Indigenous children.This paper reports research that sought to define social, cultural and spiritual well-being indicators for Indigenous children in care by seeking the opinions and knowledge of Indigenous child protection workers and foster carers. The study examines a series of strategic change indicators that address Indigenous concerns about the social, cultural and spiritual development of Indigenous children in care.

The Call to Decolonise: Social Work’s Challenge for Working with Indigenous Peoples

2019 ◽  
Vol 49 (4) ◽  
pp. 1081-1099 ◽  
Author(s):  
Peter W Choate
Keyword(s):  
Social Work ◽  
Indigenous Peoples ◽  
Child Protection ◽  
Current Practice ◽  
Focal Point ◽  
Social Work Theory ◽  
Practice Parameters ◽  
Indigenous Children ◽  
Strong Consensus ◽  
Children In Care

AbstractUsing Canada as an example, social work must not only address its historical and current role in the colonisation and assimilation efforts aimed at Indigenous people, but also deconstruct its practices. Social work theory, methodology and practice parameters have been built on Eurocentric definitions and understandings. Indigenous peoples do not identify with these constructs but find themselves assessed and case managed based upon them. This extends colonialism and runs counter to a core principle of the profession, that being social justice. Canada is presently calling social work to participate in a reconciliation effort, although that assumes that there was a mutually beneficial relationship to restore. Some argue against that but there is a strong consensus that social work should carry its share of the burden in colonialism and self-reflect while also reaching out to build a different type of relationship with Indigenous peoples. This article reports on three projects that consider Indigenous knowledge and application to social work. Child protection is seen as a major focal point of change, as Indigenous children are significantly over-represented in the children in care population. Looking at this area of practice will help to illustrate the long roots of the colonial practices but also how current practice remains problematic.

Well-being for Indigenous foster children: Alternative considerations for practice research

2003 ◽  
Vol 28 (2) ◽  
pp. 19-24 ◽  
Author(s):  
Anthony McMahon ◽  
Lucinda Reck
Keyword(s):  
Child Protection ◽  
Foster Children ◽  
Well Being ◽  
Practice Research ◽  
Child Placement ◽  
Indigenous Children ◽  
The Status ◽  
Recommendations For Practice ◽  
Developmental Health ◽  
Children In Care

In child protection, ‘status indicators’ typically describe the status of children in care in regard to reason for coming into care, length of time in care, racial or ethnic identity and whether specific bureaucratic milestones have been reached. With Indigenous children, status indicators are broadened to encompass explicit requirements arising from the Aboriginal and Torres Strait Islander Child Placement Principle. Our contention is that this approach serves administrative decision-making and not the needs of Indigenous children.We propose a different process for evaluating the effectiveness of foster care for Indigenous children that considers their well-being rather than their status as cases. This paper examines ‘well-being indicators’ for Indigenous children in care that emphasise foster family capacity to fulfil basic developmental, health, educational, social, cultural, spiritual, housing (Fisher, Pecora, Fluke, Hardin & Field, 1999) and economic needs. The paper concludes with recommendations for practice research on well-being indicators in Indigenous families.

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