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Desklib is an online library for study material with solved assignments, essays, dissertations, and more. It provides expert help for various courses and subjects. The content includes a case study and short answer questions relating to child abuse and child protection services. The report includes indicators of harm, risk factors, child-focused approach, agencies for support, and reporting procedures. The report also includes a written report in relation to concerns for Kaya & Callen’s welfare.

Legal Cluster

Table of Contents
MAIN BODY...................................................................................................................................5
PART 1: Kaya and Callen Case study and short answer questions relating to the case study........5
1. Mark out indicators of harm regarding Kaya....................................................................5
2. List out indicators for harm in relation to Callen...............................................................5
3. Tell risk factor for family of Kaya and Callen...................................................................5
4. In relation to information from the above case study. Explain about type of abuse whch has
taken place?............................................................................................................................5
5a. Using a child-focused approach describe how you would respond to both Kaya and
Callen. ....................................................................................................................................6
(I) include two statements that you might say to the children................................................6
(ii) Include two questions that you might ask Kaya...............................................................6
5b. Who would you discuss your concerns with?..................................................................6
6. Can report be formed in relation to child protection services?..........................................6
7. List five agencies or services you might suggest to Lyddia to support her family? Ensure
you include two external support agencies and one interpreter service. ...............................6
8. Through this heading explain about procedure for reporting within state.........................8
9. Prepare a written report in relation to your concerns for Kaya & Callen’s welfare. .........9
10. Access the Early Childhood Australia’s code of ethics..................................................13
11. There is a statement in the case study that suggests unethical behaviour of an educator.
You will need to review the case study and identify the educator’s statement....................13
a) What was told by educator?.............................................................................................13
b) What is the ethical issue in this example? Include one reference to ECA Code of Ethics
regarding ‘in relation to families’.........................................................................................13
c) Who should you report this behaviour too? ....................................................................13
12a. Describe two possible impacts this harm will have on both Kaya and Callen?...........13
b. Identify two ethical and nurturing practices or interactions you would use to support both
children in this situation. .....................................................................................................14
c. Access the Early Years Learning Framework or the learning framework for your State or
Territory. -Identify two learning outcomes that relate to your chosen practices/interactions.14

13a. Use the example job description to answer the following questions............................14
a. Identify two obligations an educator has working with Kaya and Callen in this situation. 14
b. Identify three legal obligations the Nominated Supervisor has in this situation?............14
Part 2: Short answer, multiple choice and True/False questions...................................................14
1. Define the term ‘duty of care’..........................................................................................14
2. One of your responsibilities, as an educator, is to maintain the service’s duty of care to
children and their families....................................................................................................15
List three daily work practices that would reflect this requirement....................................15
3. List three professional boundaries you should observe when working with children in an
Early Childhood Education and Care Service?....................................................................15
4) Respond to the following statements about the Convention on the Rights of the Child by
indicating whether they are: True or False. .........................................................................15
5a.Explain the difference between a legal obligation and an ethical responsibility? ..........16
b. Provide one example of a legal obligation and one example of ethical responsibility to
illustrate your explanation in answer to question 5a. ..........................................................16
c. Identify the law/act/regulation that the legal obligation identified above relates to and
identify one statement from the Early Childhood Australia Code of Ethics that best reflects
the ethical responsibility identified above............................................................................16
6. According to the NQS (2.2.1) At all times, reasonable precautions and adequate supervision
ensure children are protected from harm and hazard...........................................................16
Explain what would happen if a Family Day Care educator was repeatedly leaving the
children unattended to work on the computer......................................................................16
Identify the law and the consequence of the breach.............................................................16
Describe the ethical dilemma you are in and who you would discuss the mother’s request17
Place an X next to the four principles of ethical decision making you would consider when
resolving this dilemma...................................................................................................................17
C.What steps would you take to resolve this dilemma? ......................................................18
8. Explain what would happen to an educator if they ignored a child because they couldn’t
speak English. ......................................................................................................................18
9. Children’s Education and Care National Law – Section 166; states that it is an offence to
use inappropriate discipline..................................................................................................18

Explain what would happen if a staff member or volunteer repeatedly used time out to
manage a child’s behaviour..................................................................................................18
10a. Open the following link to an example job description for a Certificate III trained
educator and use this to answer the following questions.....................................................18
Read through the job description and in your own words describe three Key Performance
Indicators for this educator role. ..........................................................................................18
b. If an educator had a concern that affected the wellbeing of the children at the service who
would they report their concern to?......................................................................................19
c. Identify three obligations the Certificate III trained educator has regarding child protection.
..............................................................................................................................................19
d. One obligation stipulated in the example job description is for educators to engage in
reflective practice and ongoing professional learning..........................................................19
Describe the opportunity you would be interested in completing and the learning that would
occur if you undertook the professional development activity............................................19
11. All children have the same basic needs for survival. Children are entitled to have their
needs met. In other words, children have rights. Adults have a responsibility to meet
children’s needs and support their rights. ............................................................................19
Access the United Nations Rights of the Child. ..................................................................19
Children need to feel safe and be protected, have food and clean drinking water and to be
healthy. a. Select an article from the UN Rights of the Child that relate to these basic needs19
b. Select any two articles that relate to our work with children...........................................20
c. Access the ECA Code of Ethics, under the section ’in relation to children’, select one
statement that relates to each of the two articles you selected. ...........................................20
RFERNCES...................................................................................................................................21

MAIN BODY
PART 1: Kaya and Callen Case study and short answer questions relating to
the case study
1. Mark out indicators of harm regarding Kaya
The indicators of harm for Kaya can be seen in her sudden change of behaviour which
turned from being chirpy to aggressive within weeks and the toileting accidents she has even
after being full trained in it.
2. List out indicators for harm in relation to Callen
From the given case the indicators of harm to Callen are changes in her behaviour from
being happy to becoming silent and afraid. It can also be seen from the physical injuries to her
that are visible by her black eye and bump on her forehead.
3. Tell risk factor for family of Kaya and Callen
After observing the case study certain risk factors has been marked out which are
marriage or intimate relationship difficulties, partner violence within family, lack of support
network and not supporting child rearing from family members. These risks has been identifies
that are faced by Kaya, Callen, Lyddia and dad.
4. In relation to information from the above case study. Explain about type of abuse whch has
taken place?
Kaya Callen
In case of Kaya, she faces psychological and
emotional abuse due to the reason that her
father yells at her and her siblings. Then the
neglect in carrying out parental duties by the
father by not showing care and love to the
children.
Callen on the other hand is not just facing
psychological and emotional abuse but he is also
facing physical abuse in the form of injuries on
her eye and forehead.

5a. Using a child-focused approach describe how you would respond to both Kaya and Callen.
Kaya and Callen can be approached by a polite and positive behaviour so that they share
their problems and do not get scared by them. Child- focused approach involves understanding
the needs of the children and making them feel wanted by showing love and care.
(I) include two statements that you might say to the children.
First, it is important to gain trust of the children and then ask them if they are seriously
injured and then take them to a doctor. Second, it can be said to the children that they can be
taken to play groups where other children might help them to come out of their trauma.
(ii) Include two questions that you might ask Kaya.
The two questions that can be asked to Kaya are-
First, is she also the victim of her father's physical abuse?
Second, what has she observed about the behaviour of her father?
5b. Who would you discuss your concerns with?
The concern regarding the safety and care of the children can be discussed with a local
psychologist who can help in talking with the children about their problems and they can also be
discussed with a local police officer regarding the child abuse that is taking place.
6. Can report be formed in relation to child protection services?
Yes, a report will be made to the Child Protection services of Australia because it is our
duty to take care of the children and considering the risks of psychological and physical abuse
that the children are facing it is essential to do this. Their future is at risk given the harm they can
face by the father in the coming time because it can be indicated by his abusive behaviour.
Child Protection (International measures) act 2003 is the legislation which provides protection to
the children with respect to abuse and violence. There is also Child Protection Act 1999 which
details the process which should be followed to help the children from abuse.
7. List five agencies or services you might suggest to Lyddia to support her family? Ensure you
include two external support agencies and one interpreter service.
There are five agencies which is suggested to Lyddia for supporting her family and they are as
follows:

1. Raising Children Network: This is an external agency which has been providing parents
roles that has to be followed by them and is mainly focused over evidence based
information for children of eight years age.
2. Playgroups Australia: This is an external agency within which grounds has been defined
by administrative body for playgroup in Australia.
3. Mychild: This is another agency which has been providing information to families with
early learning and care initiatives and other issues affecting children.
4. Family Relationships Online: It is an internal agency working on information regarding
family relationship issues, ranging from building better relationships to dispute resolution
5. National Association for Prevention of Child Abuse and Neglect (NAPCAN)(link is
external) Australia 's leading advocate for the prevention of child abuse and neglect.

8. Through this heading explain about procedure for reporting within state.
Reporting procedure for your state /territory
What is your State/Territory?
-Australia
Where did you find the procedures for your state/territory?
-The procedures can be found in child family community Australia which talks about the
Child protection legislation
What is the name of the organization you report to?
-Department of Health and Human Services (DHHS) is the organization which is
required to provide with respect to child abuse.
Organization contact details:
-50 Lonsdale St, Melbourne VIC 3000, Australia
Explain the procedures for reporting in your state/territory?
-First a report is required to be made and that can be made on the belief or reasonable
suspicion that a child has been abused or has faced violence , is being harmed, or is at
risk of being suspect of child abuse. The Act defines harm as assault, ill-treatment,
neglect or sexual abuse, and covers single and multiple instances.
How soon should you make a report if you suspect a child is at risk of significant
harm?
-The report is required to be made within 24 hours since it has been realized that child is
at risk and requires protection.
What information will they require at the time of making a report? Include six
requirements.
-The information required to be mentioned within the report are
 the details of the child
 indicators of harm,
 reasons for reporting
 description of abuse
 family information
 child's whereabouts.
Access the Education and Care National Regulations; where are you required
to keep observations and documentation regarding a child or young person at
risk of significant harm?
-Support the National Law by providing detail on a range of operational
requirements for an education and care service including: the National Quality
Standard (schedule 1) application processes for provider and service approval
Who has access to these records?

-DHHS has access to these records as it is the concerned authority
9. Prepare a written report in relation to your concerns for Kaya & Callen’s welfare.

Report
Format
Name of Service: Information regarding Child Abuse
Date: 22/01/2019
Name of Child: Callen
Date of Birth: 12.2.2018 Age: 20 months
Gender: male Language spoken: English, Finnish
Attends the service: _ Wednesday, Thursday, Friday
Starting date: 17.10.2018
Family details including siblings
Parent Name 1: Lyddia Tanner
Address: 159 Smithvalley Way, Cresthill, Australia Home Phone
Contact telephone number: 78952623
Parent Name 2: Jarmo Tanner
Address: 159 Smithvalley Way, Cresthill, Australia Home Phone
Contact telephone number: 78952623
Sibling Information :
Child 2:
Name of Child: __Kaya___
Date of Birth: _05/05/2016_
Age: __3.5 years
Gender: __Female_

Language spoken: __English, Finnish__
Attends the service: _Wednesday, Thursday and Friday___
Child 3:
Name of Child: __Zachary__
Date of Birth: _12/08/2019__
Age: _2 months_ __
Gender: __Male
Language spoken: _English, Finnish__
Attends the service: _Wednesday, Thursday and Friday___

Observation Information
Time of Incident/Observation: _9am Location: Australia
Observation: From the time the children of the given family have entered the centre they have been
cheerful and happy but since last few weeks changes can be seen in the behaviour of Kaya and Callen.
Kaya who used to be cheerful has turned aggressive and she is also facing toileting accidents whereas
Callen who used to remain happy has turned silent and remains scared. After asking their mother, it
was found out that their father drinks and after that yells and abuses the children. One day when the
children were playing outdoors the children were asked to bring hats from their mother. But she had
forgotten them so the educator suggested that they get spare hats from Foyer. While assisting Callen
in wearing the hat it was noticed that Callen had suffered physical abuse by his father due to the
visibility her black right eye and a big round bump on her forehead.
Description of injury: It has been seen that Callen has a black right eye and is having a big round
round bump on forehead.
Name of Reporter: Donna McCallum
Signature: _ Donna
Date: 20\11\18

10. Access the Early Childhood Australia’s code of ethics
Select two statements under the headings of ‘in relation to children’ and ‘in relation to
families’ that you think are important in your response to the family in this case study. You can copy
and paste each chosen statement under the headings below.
a) In relation to children b) In relation to Families
1. create and maintain safe, healthy, inclusive
environments that support children’s agency
and enhance their learning
2. value the relationship between children and
their families and enhance these relationships
through my practice
1. listen to and learn with families and engage
in shared decision making, planning and
assessment practices in relation to children’s
learning, development and wellbeing
2. develop respectful relationships based on
open communication with the aim of
encouraging families’ engagement and to build
a strong sense of belonging
11. There is a statement in the case study that suggests unethical behaviour of an educator. You will
need to review the case study and identify the educator’s statement.
a) What was told by educator?
Callen at the car mat and Rosie (another educator in the room) says “I can’t believe Callen’s
mum forgot their bags again, and can you see the lump he has on his head? That’s so bad”.
b) What is the ethical issue in this example? Include one reference to ECA Code of Ethics regarding
‘in relation to families’
The Ethical issue in this example is the maintenance of confidentiality of information of the children
and their families. The ECA code of ethics says to respect families’ right to privacy and maintain
confidentiality.
c) Who should you report this behaviour too?
This behaviour should be reported to the heads of the Centre so that they can take action
against the educator for unethical behaviour.
12a. Describe two possible impacts this harm will have on both Kaya and Callen?
KAYA:
1. change in behaviour
2. degrading mental health
CALLEN:
1. depression

2. physical and mental growth is affected
b. Identify two ethical and nurturing practices or interactions you would use to support both children
in this situation.
Two main ethical practices are respecting the dignity and rights of the child and best interests
of the child should be protected. Nurturing practices are encouraging the child to express his or her
feelings and to support, encourage, care and protect.
c. Access the Early Years Learning Framework or the learning framework for your State or Territory.
-Identify two learning outcomes that relate to your chosen practices/interactions.
 Children feel safe, secure and protected
 Children become strong in their social and emotional well-being
13a. Use the example job description to answer the following questions
a. Identify two obligations an educator has working with Kaya and Callen in this situation.
 Take responsibility for the protection and rights of children attending the service.
 Form positive, comforting and nurturing relationships with children.
b. Identify three legal obligations the Nominated Supervisor has in this situation?
Three legal obligations which has to be followed are
 ensuring children are adequately supervised, are not subject to inappropriate discipline, and
are protected from harms and hazards
 ensuring an unauthorised person is not at the service while children are present unless the
person is under direct supervision
 ensuring educational programs are based on the developmental needs, interests and
experiences of each child.
Part 2: Short answer, multiple choice and True/False questions
1. Define the term ‘duty of care’.
Duty of care means that kind of responsibility which is held by an individual in order to
develop standard care. This duty is both ethical and legal in nature making it more effective in taking
decision over good faith and in a reasonably prudent manner. These people are required to exercise

the utmost care in making business decisions to fulfil their fiduciary duty.One of your responsibilities,
as an educator, is to maintain the service’s duty of care to children and their families.
2. One of your responsibilities, as an educator, is to maintain the service’s duty of care to children and
their families.
List three daily work practices that would reflect this requirement..
Three daily work practices in relation over duty of care are health care practices, security
services and children welfare association.
3. List three professional boundaries you should observe when working with children in an Early
Childhood Education and Care Service?
Three professional boundaries are education, socializing and rescuing. These are most
important in order to improve children's capability in terms of education.
4) Respond to the following statements about the Convention on the Rights of the Child by indicating
whether they are: True or False.
i.Insert True or False against each statement True or False
Children should be separated from their parents if they are mistreating
or neglecting their child.
FALSE
Children have right to say what they think should happen when adults
are making decisions that affect them and to have their opinions taken
into account.
TRUE
Children have the right to get and to share information, as long as the
information is not damaging to them or to others.
TRUE

Children do not have the right to privacy. FALSE
The parent who stays home has responsibility for bringing up their
children.
TRUE
Children who have been neglected or abused should receive special
help to restore their self-respect.
TRUE
5a.Explain the difference between a legal obligation and an ethical responsibility?
Legal obligation are those rights which has been given to children by some law or act and
ethical responsibility deal over formation of guidelines that helps children in learning discipline.
b. Provide one example of a legal obligation and one example of ethical responsibility to illustrate
your explanation in answer to question 5a.
Example for legal obligation is right to education and ethical responsibility is to provide better
environment for education.
c. Identify the law/act/regulation that the legal obligation identified above relates to and identify one
statement from the Early Childhood Australia Code of Ethics that best reflects the ethical
responsibility identified above.
NSW health and safety legislation used in order to protect child from any kind of abuse. With respect
to the ECA code of ethics- create and maintain safe, healthy, inclusive environments that support
children’s agency and enhance their learning
6. According to the NQS (2.2.1) At all times, reasonable precautions and adequate supervision ensure
children are protected from harm and hazard.
NQS (2.2.1) this is based over health and safety of children in relation upon activities
performed by them. Also it makes protection done against ill treatment of children by their parents.
Explain what would happen if a Family Day Care educator was repeatedly leaving the children
unattended to work on the computer.
It a Family Day Care educator leaves children unattended then under such circumstances
development of children is not done properly which makes them expose to unethical values. This
causes children become violent or aggressive in nature.
Identify the law and the consequence of the breach.
The law dealing with such breach is duty of care that is part of tort law it helps in dealing with
breach by providing damages in relation to it.

Describe the ethical dilemma you are in and who you would discuss the mother’s request
In the above case it can be marked out that ethical dilemma has not been harmed since it is
duty of an educator to seek no children face difficulties in learning. In order to explain to William
mother it can be argued that it is difficult for you to not let the child sleep when other children are
sleeping so I am bound by ethical values and cannot breach them under any circumstances.
Place an X next to the four principles of ethical decision making you would
consider when resolving this dilemma.
Possible principles of Ethical Decision making X
Recognise my professional boundaries
Understand why abuse happens and what we can do about it x
Have a good understanding of legislative requirements, regulations
and policies and procedures for the service.
x
Make a decision, assessment or plan relating to the safety, welfare or
wellbeing of the child or young person
x
Gain support and discuss with the appropriate educator/staff and, if
possible, anyone with authority that can actively guide you through a
situation
x
Act in the best interest of the child and the educator/staff.

C.What steps would you take to resolve this dilemma?
Steps to be taken to solve ethical dilemma in relation to children are as follows:
 Assessment is required to be done through collecting facts and identifying the issue.
 Alternatives should be made in order to temporarily deal over issues that has raised.
 Applicability this is an important step as it makes right legislation and regulation applied in
relation over issue.
 Action appropriate action should be taken for completely eradicating issue which is faced by
children due to such dilemma.
8. Explain what would happen to an educator if they ignored a child because they couldn’t speak
English.
If children has been ignored on the basis of difficulty in speaking English this amounts to
discrimination done in relation over language.
9. Children’s Education and Care National Law – Section 166; states that it is an offence to use
inappropriate discipline.
Explain what would happen if a staff member or volunteer repeatedly used time out to manage a
child’s behaviour
As per the section 166 it ca be observed that if staff members repeatedly uses time out for
managing children behaviour makes them amount to conduct indiscipline in relation over children's
carte.
10a. Open the following link to an example job description for a Certificate III trained educator and
use this to answer the following questions.
Read through the job description and in your own words describe three Key Performance Indicators
for this educator role.
There are three kinds of Key Performance Indicator which is required to be followed by
educator and they are as follows:
 it can demonstrate active participation in ongoing learning and reflective practice individually
and within the team that results in building of professional knowledge.
 It can demonstrate contributions to an ongoing cycle of planning, documenting and evaluation
of children’s learning based on the 5 outcome areas of the EYLF and reflective of the program
philosophy.
 It helps to Demonstrate knowledge and responsiveness to children’s health requirements and
routines being met in the program

b. If an educator had a concern that affected the wellbeing of the children at the service who would
they report their concern to?
The Department of Communities and Justice has been given power to deal over issues which
are based upon well-being of children with services provided to them.
c. Identify three obligations the Certificate III trained educator has regarding child protection.
Three key obligation required by an educator to follow in relation over child protection are as
follows:
Identify and respond to children and young people at risk
Support right and safety of young children and young people.
Support education criteria of children.
d. One obligation stipulated in the example job description is for educators to engage in reflective
practice and ongoing professional learning.
Teaching reflectively means those instructions which makes thinking developed critically
about teaching and requires to look for evidence in more effective manner. This is based over example
reflective teaching which includes self- assessment, classroom observation, consideration of student
evaluation or exploration of educational research.
Describe the opportunity you would be interested in completing and the learning that would occur if
you undertook the professional development activity.
ECA Learning Hub has been designed in order to help educator which makes gain done upon
understanding about standards, framework and research related to quality practice. Also it helps in
making sure that children's are entitled over needs which has to be met. In this adult have
responsibility over understanding needs of children which has to be fulfilled.
11. All children have the same basic needs for survival. Children are entitled to have their needs met.
In other words, children have rights. Adults have a responsibility to meet children’s needs and
support their rights.
Access the United Nations Rights of the Child.
Children need to feel safe and be protected, have food and clean drinking water and to be healthy. a.
Select an article from the UN Rights of the Child that relate to these basic needs
Basic needs UN Right of Child Article
To feel safe Article 24
To clean drinking water and food Article 12
To be healthy Article 27

b. Select any two articles that relate to our work with children.
Article 24 and article 12 which helps in making basic needs of children improved with more
care and effectiveness.
c. Access the ECA Code of Ethics, under the section ’in relation to children’, select one statement that
relates to each of the two articles you selected.
Two articles from the UN Rights of the
Child
A statement from the ECA Code of Ethics
that relates to each of the
articles you selected
1.Article 24
2.Article 12
1. The child to the enjoyment of the highest
attainable standard of health and to facilities
for the treatment of illness and rehabilitation
of health.
2. The right of every child to freely express
her or his views, in all matters affecting her
or him, and the subsequent right for those
views to be given due weight, according to
the child's age and maturity.

RFERNCES
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Hundertmark, T., Hering, S., Edelmann, J., Augustin, C., Plate, I., & Szibor, R. (2022). The STR
cluster DXS10148–DXS8378–DXS10135 provides a powerful tool for X-chromosomal
haplotyping at Xp22. International Journal Of Legal Medicine, 122(6), 489-492. doi:
10.1007/s00414-008-0277-8
Identifying and Treating a Substandard Housing Cluster Using a Medical-Legal Partnership.
(2020). PEDIATRICS, 130(5), X5-X5. doi: 10.1542/peds.2012-0769d
Identifying and Treating a Substandard Housing Cluster Using a Medical-Legal Partnership.
(2020). PEDIATRICS, 130(5), X5-X5. doi: 10.1542/peds.2012-0769d
Prokopiev, R. (2020). ORGANIZATIONAL AND LEGAL FORMS OF IMPLEMENTATION OF
THE CLUSTER APPROACH IN THE FIELD OF RAILWAY TRANSPORT. Knowledge,
Education, Law, Management, 2(3), 140-144. doi: 10.51647/kelm.2020.3.2.25
Sato, H. (2019). Statistical evaluation of morphological data of Japanese head hair and the screening
of evidential hair samples by cluster analysis. Legal Medicine, 4(2), 90-102. doi:
10.1016/s1344-6223(02)00010-x
Zangeneh, A., Najafi, F., Karimi, S., Saeidi, S., & Izadi, N. (2018). Spatial-temporal cluster analysis
of mortality from road traffic injuries using geographic information systems in West of Iran
during 2009–2014. Journal Of Forensic And Legal Medicine, 55, 15-22. doi:
10.1016/j.jflm.2018.02.009