“The right of the state to interfere is unquestioned”

2017 ◽  
Author(s):  
Megan Birk
Keyword(s):  
Child Care ◽  
Foster Care ◽  
Institutional Care ◽  
The State ◽  
Dependent Child ◽  
Dependent Children ◽  
The Right

This chapter examines efforts to remedy the problems with farm placements. It looks at the state boards of charity, visiting agents, and courts as examples of methods used to improve placing out. As the state boards worked to legitimize their expertise and county officials tried to improve the care given to dependent children, work remained to standardize care and encourage placements. State boards recommended a second initiative in addition to better oversight of institutional care to secure more placement homes and supervision for children: hiring state visiting agents to supervise placed-out children. This chapter explores how the two-pronged issue of mistreatment of children in placement homes and the resulting efforts to increase supervision ultimately forced placers and visitors to make a number of proposals, including a return of direct aid and more involvement by the courts. It also considers the rise in paid foster care and how it affected all facets of dependent child care.

Introduction

2017 ◽  
Author(s):  
Megan Birk
Keyword(s):  
Child Care ◽  
Foster Care ◽  
Child Welfare ◽  
World War I ◽  
Family Preservation ◽  
World War ◽  
Dependent Child ◽  
Dependent Children ◽  
Number Of Children ◽  
Farm Life

This book investigates how the practice of placing children with farmers in the rural Midwest that lasted from the early decades of the 1800s until after World War I eventually fell out of favor as a matter of policy. It explores the problems of abuse, neglect, and overwork that some children faced once they went into placement homes, along with efforts to remedy the problems with farm placements. It also considers how Progressive efforts at studying child welfare and farm life further cast doubts on the wisdom of farm placements and free placements in general. The book attributes the rise and fall of farm placements as a reflection of an important series of changes in dependent child care; between the 1870s and 1920s, farm placements for dependent children increased alongside the number of children institutionalized. However, problems with farms and farm placements forced reformers to discard this method in favor of paid foster care, adoptions, and family preservation. This introduction provides an overview of the chapters that follow.

Epilogue

2017 ◽  
Author(s):  
Megan Birk
Keyword(s):  
Child Care ◽  
Foster Care ◽  
Child Welfare ◽  
Progressive Era ◽  
Foster Children ◽  
Foster Parents ◽  
Family Preservation ◽  
Dependent Child ◽  
Care Policy ◽  
Child Welfare Policy

This epilogue examines how changes in child welfare policy were affected by the decline of the farm home as a symbol of American prosperity, the appropriate levels of work and education for children, the expense of placement, the problems with supervision, and efforts at family preservation. It explains how the decisions made during the Progressive Era to rationalize, study, centralize, and professionalize institutionalization and placement permanently altered the methods of care for dependent children throughout the country. It suggests that the farm placement system changed in part because the farm itself was in transition, and that foster care was also unsuccessful in ways similar to the practice it was purported to replace. Finally, it considers problems with dependent child care policy that persist until today, in which foster children are trapped in a web of bureaucracy that undermines conscientious foster parents from being able to parent.

Alternative Care Mechanisms in Jharkhand: Analysing the Implementation Barriers; Its Potential to Prevent Family Separation and Strengthening Family-based Care of Vulnerable Children in Jharkhand

2021 ◽  
pp. 234930032110211
Author(s):  
Sumantra Mukherjee ◽  
Subhadeep Adhikary ◽  
Neepa Basu
Keyword(s):  
Foster Care ◽  
Institutional Care ◽  
Care Program ◽  
The State ◽  
Implementation Barriers ◽  
Current Form ◽  
Family Separation ◽  
Alternative Care ◽  
Care Guidelines ◽  
Family Based

The required operational framework of a community-based care mechanism as envisaged under the Revised Integrated Child Protection Scheme and the National Plan of Action for Children 2016, fails to both prevent and effectively respond to the vulnerabilities of children in need of care and protection. Resonance of such unplanned community programming shifts the focus towards institutionalisation of children, thus grossly violating ‘institutionalization as a measure of last resort’, one of the fundamental principles governing the Juvenile Justice (Care and Protection of Children) Act 2015. The act critically justifies the need to empower vulnerable families to care for children and re-emphasises the preventive role in ensuring family-based care or keep children in alternative care setting. The alternative care (sponsorship and foster care) guidelines in Jharkhand was launched in 2018. Since then, it has been found that the state is struggling to implement it. Though there has been some progress in the sponsorship scheme implementation, the kinship and foster care remains completely neglected. Child in Need Institute (CINI) is partnering with Hope & Homes for Children (HHC) since 2017 for pushing the agenda for deinstitutionalisation of children through a two-pronged approach of model creation and district-level technical support to the ICPS system. Working closely in the communities in preventing family separation, led to the understanding that there is a huge need to address the structural gaps for implementing the alternative care guidelines in true spirit. The purpose of the article is to do a systematic analysis of the implementation of the alternative care guidelines in the state and map out the implementation bottlenecks/barriers (systemic, structural and operational), hindering its smooth implementation. Besides that, the article will also try to establish a causal linkage between implementation of alternative care guidelines and dependency on institutional care, thus reflecting the potential of such mechanisms in promoting deinstitutionalisation. The research methodology will be a mix of qualitative and quantitative tools. Tools like content analysis of the key informants’ interviews and case studies will be used to understand the implementation barriers. A quantitative analysis of the secondary data on sponsorship scheme implementation will be done to analyse the gaps. Besides that, the experiences of children and their parents who have been linked with alternative care will also be analysed. District stakeholder consultations in 2 districts will be done to enlist the recommendations for the state. Thus, the key research question that would guide this article are: (a) What are the barriers to implementation of the alternative care program in its current form? and (b) What are the changes that should be made in the guidelines and its implementation process? The article will thus be an advocacy tool for influencing the state government for enhanced priority and investments in alternative care program and reduced focus on institutional care.

scholarly journals “Je denkt altijd dat het jou niet zal overkomen…” : Het belang van biologische ouders in pleegzorg

Pedagogiek ◽  
2020 ◽  
Vol 40 (2) ◽  
pp. 175-190
Author(s):  
Lieselot De Wilde
Keyword(s):  
Foster Care ◽  
Foster Children ◽  
Institutional Care ◽  
The State ◽  
Best Interests ◽  
Family Preservation ◽  
Biological Parents

Abstract “You always think it won’t happen to you…” The importance of biological parents in foster careEuropean societies still struggle with the question of how to deal best with, and organise care for, those children who for various reasons need to be placed out of their home. Foster care is currently preferred over institutional care when children are in the care of the state. This evolution towards a manifest choice for foster care is defended as being more in ‘the best interests of the child’. During the last decades a shift towards a child’s perspective away from a family-preservation perspective is noticeable. However, we do not know what this shift means for biological parents of foster children. We therefore examine whether the attention to the needs of children is at the expense of the rights and identity of the biological parents. Does strengthening the rights of one party entail a curtailment of rights for another party? Or can we possibly reconcile various interests?

Armut und institutionelle Armenfürsorge. Vom Elend der Zuständigkeit

2021 ◽  
pp. 809-834
Author(s):  
Martin Scheutz
Keyword(s):  
Old Age ◽  
19Th Century ◽  
Institutional Care ◽  
The State ◽  
The Political ◽  
Poor Relief ◽  
General Hospitals ◽  
The Poor ◽  
The Right ◽  
The 19Th Century

Poverty and Institutional Poor Relief. The Misery of Responsibility. Poor relief in Lower Austria in the 19th century took place in an area of conflict between municipalities, the political districts and the state, the law on the right of domicile, amended in 1863, placing provision services primarily on the shoulders of the municipalities. The communes had to care for the local poor, the “push system” (Schubsystem) returned them to their home communes – but such care mostly proved inadequate. After the unbundling of institutional care for the poor via the foundation of general hospitals, ever more poorhouses dedicated to old-age care were built, but also hostels (Naturalverpflegestationen), which were principally aimed at jobseekers.

Principles of foster care as the basics for the functioning of its system. Catalog, characteristics and meaning

2020 ◽  
Vol 591 (6) ◽  
pp. 12-24
Author(s):  
Beata Krajewska
Keyword(s):  
Foster Care ◽  
Institutional Care ◽  
Court Decision ◽  
Place Of Residence ◽  
The Family ◽  
Welfare Of The Child ◽  
The Subject ◽  
The Right ◽  
A Minor

The subject of investigation in this study has been made the principles of foster care with the necessary and concise presentation of the assumptions and solutions of foster care as such. The principles of foster care have been collected and described, which constitute a kind of catalog necessary to include in practice foster care to the fullest extent possible. These are the following principles: the welfare of the child and the family covered by foster care, subsidiarity of foster care, temporary foster care, priority of foster care over institutional care, the use of foster care on the basis of a court decision, hearing a child placed in foster care, placing a child in foster care as close as possible to his current place of residence, the right of a child in foster care to contacts with parents and other relatives, not separating siblings in foster care, not separating a minor mother in foster care and her child.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

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