This essay discusses the importance of caring and protecting children and young persons, focusing on Section 9 of the Children and Young Persons (Care and Protection) Act 1998 and Out of Home Care (OOHC). It also includes a case study and decision-making process.
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CHILD CARE AND PROTECTION Introduction This essay basically deal with the caring and protecting of the children and the young persons by answering two questions. Where first question would deal with section 9 of the Children and Young Persons (Care and Protection) Act 1998 in its first half and with OOHC in the second half of question 1. In question two there is a case study which is to be inspected and a decision on it is to be made. Question 1 Part A:āSection 9 of the Children and Young Persons (Care and Protection) Act 1998ā, talks about the administrating principles of this Act i.e. All the legal along with the administrative decision about the safety, welfare, and wellbeing of a child and the young people are to be looked after and given due consideration, in relation to the child who are subject of protection and concern are to be given an appropriate chance for expressing their own views and ideas freely, which must be given due weight, which must be in accordance to sec 9 (2) (b) which says that any intention taken must take it into account the cultural background of the child, the first language spoken by them, their religion ,sexuality and whether they have any particular need in relation to disability. Decisions must not bring about unwanted harm in the life of the child or his family; it must be taken by keeping concern with the personās overall development. Special protection from the State must be given to the child who is temporarily or permanently separated from his or her family for the interest of the child irrespective of looking at its language, culture, identity, name, etc. Child can maintain his relationships with his/her parents, siblings, peers or friends, and community even after being 1
CHILD CARE AND PROTECTION placed in the out-of-home care if they are not against its interest. In the case of Bakhtiyari v Australia Communication No.1069/2002, under OHCHR- The human Right Committee, it is stated that The Child Right International Networkās purpose is the promotion of Education and Information and cannot construe legal advices(Britain & Staff, 2008). Theseprinciplesareimportantforguidingchildprotectionpracticesbecause protection is the right of all the children. They have the right to safe survival with adequate care in a protective environment. Family or the parents are the first protective lines for the children followed by the school and the community.Itās their responsibility to look after the child, give them a safe along with a child friendly environment. But what about the children who are not protected and are dealing with violence, abuse, exploitation, discrimination, etc. due to lack of families or parents or in other situations? For those children the governments, local authorities, and NGOs are established to raise a helping hand and a family type environment. From where they are sent to schools, provided with proper nutrient food, protect them from exploitation, trafficking, and sexual abuse, staying and working in hazardous conditions and along with it the harmful practices including child marriage. They are encouraged and supported to speak and fight for their rights and along with that the active participation against their own protection against abuse, discrimination, etc. Thus basically the aim of this act is to accommodate the children and the young person with best care, protection, and the safety measures, provide them a violence-free environment along with foster services needed for developing their spirituality, dignity as well as their self- respectThey also provide assistance to the childās parents and other responsible persons for providing their children a safe and nurturing environment.it talks about promoting the emotional wellbeing of the children and the adolescence along with taking care of their mental health which 2
CHILD CARE AND PROTECTION could have been affected by the psychological processes such as attention, emotions, and developments, etc. and thus finds out conclusions for the promoting measures for wellbeing. The Children and Young Persons (Care and Protection) Act1998 was basically framed to provide provisions for care and protection to the children and the teenagers, and it was created by the contemporary system of the protection of a child in New South Wales. Part B: (a)Out Of Home Care can also be known as the foster care or the residential care which includes family foster care, residential and group care, treatment foster care and along with it the kinship care. It provides information about the working with the children, recruiting them to the families, supporting and preparing them for adoption (Bessell, 2011). The Australian Institute Of Health and Welfare(2018) defined OOHC as that institution where the State or Territory provides or offers monetary payments to accommodate the children under 18 years of age who do not have any other alternative except that as they are unable to live with their family or parents The responsibilities of the practitioner considered with the children in Out Of Home Care (OOHC) are as follows. Their major role is to provide, prevent, record, report and respond to the child who is been abused and neglected by society, parents, and family. Accurate records and the chronological record about all the planning related to child are to be maintained on an up to date basis. The authority is to look after the child placed in the out of home care and supervise their responsibility with proper care(Mendes, 2014).They can take decisions for the wellbeing, safety, and welfare of the child placed under them. Care for their personal needs, organize picnics and outings for encouraging and cheering up the child. Provide them a safe and clean environment along with nutritious meals, assist them in learning personal hygiene and teach 3
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CHILD CARE AND PROTECTION them the lessons of harmony and various basic skills. May also give them authorized career directions. They also try to seek information about the family and relatives of the child and try to maintain and encourage healthy relationship between them by clearing up the views between them.They can assist the parents and families to discharge their responsibilities of protecting their children and young persons from suffering ill-treatments, negligence, and other harms. Assist the children as well as the families to maintain a good and a healthy relationships between each other and with the society. Help the children to understand and differentiate between right and wrong, good and bad and also what is ethical and what is not ethical or unethical A cohort study on the rejected or absconded children and subsequent placement in out-of- home care concluded that children who are departed or differentiated from their parents and guardians are basically placed in OOHC and they experience rejection or removal and are constituted as a disadvantaged group going through significant risks Edward Robyn in his article in the year 2010 July i.e. āNobody Knows: Young People with Disability Leaving Careā said that leaving care is highlighted when the young people lack information about the risk of homelessness. It also describes the merits of the leaving care programmer, most importantly its collaborative approach for planning success and enabling the youngsters for securing their housing(Robyn, 2010). Question 2 I the worker of the Department of Family and Community Service having the statutory authority regarding childrenās protection cases had conducted a home visit to the house of Sophie where she lived with her two children Rachael and Marry in a small rural town in NSW, for a safety assessment and will take into consideration the following points regarding the safeguard 4
CHILD CARE AND PROTECTION and protection i.e. to identify whether the children are having uninterrupted and undisputed development or not, that the environment of the child is likely to affect the developmental path of the child or not and also will find ways for attaining developmental potential of the child. Which in this case is now indicating that the children are facing a high risk of significant harm in their current situation. So I need to take up a strict action in this situation and for deciding this matter I will use the DECIDE model which is considered as one of the best methods for making proper ethical decisions(Gatfield & Larmar, 2008). DECIDE model helps for describing the steps to be taken in the course of taking a decision and it helps the manager of an organization in taking quality decisions which ultimately helps the organization to be successful (Lonne, Harries, Featherstone, & Gray, 2015). The 6 alphabets of the DECIDE modal are those activities which are needed to make appropriate decisions where āDā is for defining the problem, āEā for the ethical review, āCā is for considering all the options, āIā stands for investigating outcomes, āDā is for deciding, developing and interpreting the plan of actions to be taken and lastly āEā stands for evaluating and monitoring the results of the given solution when it is necessary(Lonne, Harries, Featherstone, & Gray, 2015, p. 46). In this case the two children (Rachael and Mary) are living with their mother (Sophie) in a small town. Where Sophie used to work in a hotel at night and the children father had no contact with the family. Sophie had many friends so mostly she used to stay out drinking with them the entire nights so her family and sister helped her to look after the children. While her daughter Marry was undergoing a disorder or disability i.e. down Syndrome and requires special medical attention. This disability of Mary was much diversified and was dominating the development. A similar situation was there in the article ofMastem and Cicchetti(2010.p.492) 5
CHILD CARE AND PROTECTION āeffectiveness in one domain of competence in one period of life becomes the scaffold on which later competence in newly emerging domain develops competence begets competence.ā Here it was determined that parents must give a positive and a supportive enhancing to the diseases occurred in their child otherwise these early aged diseases can cause a long lasting or the life taking effect on and across the life. Along with the NGO Sophie and her family were working together to meet Maryās care needs. Convention on Right of Children [CRC] also works for the betterment of the child, so supports the families for looking after them and also tries to prevent separations between them. Perhaps Sophie had no good reason for not being baling to attend the issues of which theFamily and Community servicedepartment had already got three reports relating to the welfare, life, safety, and wellbeing of Racheal and Mary.1stby their society members or the neighbor who was worried for the childrenās safety while being left alone in the house for many nights. 2ndwas by the professionals of the NGO which was delivering healthcare support for Maryās disability, they stated that Sophie did not take any action despite of their several discussions regarding the health of Mary. The last one was again by the same professional where he stated that Sophieās friend Ron came drunk in the late night to their house and shouted badly on the children and had also picked and shaken Maryās wrist. The main criteria established in this case was that due to the negligence and without any willful intention of the mother because of the phase of struggle for themselves and in need of support, the children were forced to suffer the risk of their life, wellbeing, and safety. The key areas of wellbeing are health, safety, cultural, communal, spiritual, emotional and learning achievements. 6
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CHILD CARE AND PROTECTION After looking at all the perspective in this situation the several alternatives that can be used for the children Racheal and Mary for protecting and helping them out for securing their wellbeing, welfare and most importantly the risk to their life and health. Some out of them are as follows The quality of the relationship between the mother Sophie and children Racheal and Mary can be improved by supporting or making Sophie to realize her responsibilities and duties towards her children. Pecuniary assistance under sec 34 ofChildren and Young Persons (Care and Protection) Act1998 could be given to Sophie which include providing support services, developing a care plan, establishing a parental responsibility contract, removing the children from the home, seeking QM appropriate orders from the Children's Court, so that she would not have to get indulged in doing wrong or illegal works and look after her children and give them proper time, take care of their health issues and other factors. More importantly she should get departed from her friends who were distracting her from the right path and making her drink and party the entire nights. Children may be entirely removed from the custody of the mother and be sent to childcare centers where proper care and protection of the child can be taken. In the case of Buckle v. New Zealand(858/1999), JCCPR, A/56/40 vol.2 (25 October 2002) it was stated that the children may be removed entirely, if it is for the interest and betterment of the children from the care of their parents. Children could be sent to the foster home or could also be given for adoption to some other family who is capable enough to look after the welfare and wellbeing of the children. 7
CHILD CARE AND PROTECTION A strong case of violating the rights of the children and playing with their health and safety matters and risking their lives could be built against the mother and can also be presented before a competent family court or to the Childrenās Court if considered necessary, but this will really be a very harsh step and could be taken into consideration only when there are no other alternative left or the mother tries to come between any action taken by the Department or creates any mess in it. Among these various alternatives the best one is to try and make Sophie understand her responsibilities and her duties towards her children, so that they are not been separated by each other and for this the various state organizations working for protecting and taking care of the child or the NGOās may also lend a helping hand like they were doing before i.e. providing medical assistance or looking after the disease of Mary. But if she is still not ready to understand the problem and work for the betterment and safety of her children then there is no other way except sending them to the Child Care Centers where they would be taken care of properly (Copeland, Sherman, Khoury, Foster, Saelens & Kalkwarf, 2011). In Australia there are 4 options for caring of the child i.e. home based care, center based care, family day care and outside school hours care which provides with a free and healthy environment, proper nutritious food and all the other basic amenities required for leading a better and safe life. However, it is ethically inaccurate to force someone to do something and it is critical that perspective of Mary is heard. Following the child protection system, she could also be provided with family oriented care where she is been put in a family type environment where families looks towards the care needs (Mikkelsen & Frederiksen, 2011). There are many families that are doing this. According to Institute of criminology 2011, the violence in the families and neglecting the child has become very common nowadays. Children are often found as a victim of being 8
CHILD CARE AND PROTECTION abused or neglected (Yount, DiGirolamo & Ramakrishnan, 2011). So these children are at high risk of being homeless, indulging in criminal injustices, unemployed. Suffering from chronic diseases etc. Therefore I would like to conclude by saying that āchildren are one third of our population and all of our future.ā- (Select Panel For the protection of child health, 1981) so they must be looked after with love, care, and protection. Their wellbeing and protection must be the first priority of the parents, guardians or the society. Abandon child, run away child, orphan child, etc. thus becomes the duty of the state and state has to look after their wellbeing and safety (Ćverlien, 2010). Thus all the children and young people have the basic right of wellbeing and health development which includes right to be safe, and get adequate love, care and family and community support which may enable them to get success in the life and lead a prosperous living standard. 9
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CHILD CARE AND PROTECTION References Bessell, S. (2011). Children and Youth Services Review.Participation in decision-making in out-of-home care in Australia: What do young people say?, 33(4), 469-501. Buckle v. New Zealand(858/1999), JCCPR, A/56/40 vol.2 (25 October 2002) Children and Young Persons (Care and Protection) ACT 2008 Copeland, K. A., Sherman, S. N., Khoury, J. C., Foster, K. E., Saelens, B. E., & Kalkwarf, H. J. (2011). Wide variability in physical activity environments and weather-related outdoor play policies in child care centers within a single county of Ohio. Archives of pediatrics & adolescent medicine, 165(5), 435-442. Development of Health Act2000 Gatfield, T., & Larmar, S. (2008). Research in Comparative and I nternational Education.How Singaporean Students Decide to Study in Australia: Towards Building a Model of Their Decision-Making, 3(4), 378-393. Lonne, B., Harries, M., Featherstone, B., & Gray, M. (2015).Working Ethically in Child Protection(illustrated ed.). Abingdon: Routledge, 46-49. Mendes, P. (2014). Children and Youth Service Review.The needs and experiences of young people with a disability transitioning from out-of-home care: The views of practitioners in Victoria, Australia, 36, 115-123. Mikkelsen, G., & Frederiksen, K. (2011). Familyācentred care of children in hospitalāa concept analysis. Journal of advanced nursing, 67(5), 1152-1162. Ćverlien, C. (2010). Children exposed to domestic violence: Conclusions from the literature and challenges ahead. Journal of Social Work, 10(1), 80-97. 10
CHILD CARE AND PROTECTION Robyn, E. (2010, July). Humanities & Social Sciences Collection.Nobody Knows: Young People with Disability Leaving Care, 23(5). The Children and Young Persons (Care and Protection) Act1998 Yount, K. M., DiGirolamo, A. M., & Ramakrishnan, U. (2011). Impacts of domestic violence on child growth and nutrition: A conceptual review of the pathways of influence. Social science & medicine, 72(9), 1534-1554. 11