Protection of Children: A Case Study of Ebony's Death
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This essay discusses the death of a 7-year-old girl named Ebony due to neglect and starvation, raising concerns about child protection laws and the system in Australia.
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TABLE OF CONTENTS REFERENCES...........................................................................................................................6
Protectionofchildrenistheconcernformanycountries.Therearecertain circumstancesand issues that has resulted in deaths which is mainly because of the negligence and failure on the part of providing basic needs to the child such as foods, water, medical care, proper and clean clothing and shelter. This essay is about the death of the girl name Ebony, who was mere 7 years old. This case has brought public outrage all across the Australia and has raised the concern over the child protection system in the country. Also, this essay talks about the child protection laws that was there at that time was sufficient enough or not. In the year 2007, Ebony died of chronic starvation and negligence from her parents. She was severely malnourished and dehydrated when she died. As per the medical reports which was starved for months and was living in an unhygienic and squalid conditions. The Ebony’s mother and father were charged with murder and manslaughter (The girl in the room. 2010). Upon investigation, it was found out the father always use to buy pastries but only for four people not for five. No one has ever seen Ebony for a very long time. One of their neighbour name, Janice Reid, used to see Ebony in the room all alone crying for her mummy and day but no one ever answered. Reid alone with the help of Debbie Jacobsen ringedDepartmentofCommunityServices(DoCS) and complained about the situation Ebony is going through and requires to take action otherwise soon the girl will be dead. DoCS told them that they have started the procedure and already acting on it but it was not true. There was another circumstance as well that came across but again neglected. Reid moved to Matraville house 2 months before the death of Ebony and finds out the rubbish knee deep in the room, bathtub was full of cigarettes, cockroaches were scuttle around in the filthy kitchen and the used nappies were lying all over the floor which later comes out to be Ebony’s room. After this, she called uponDepartment of Community Services (DoCS) again to save that girl but her call was filed away. In the year 2000, the Department of Education and Training sent a report to DoCS about the poor attendance of their two older children and again 2001 the same report was made and allocated to child protection caseworker for further assessment. This shows the 2-year involvement of DoCS with the family of Ebony (Ebony: Judge restores some dignity to starved girl. 2009). Many times, there were certain suspicious things happening about the family like their children used to remain absent from school, failed to attend children’s medical appointment and on one was allowed to sight Ebony. After this, a care proceeding in the children’s court was held after all the failed attempt. Again, at the birth of their fourth child, the children’s court issued orders
toDepartment of Community Services(DoCS) supervision of the family for the next 9 months. On the statement of medical staff, the fourth child was taken from the family as the child was failing to thrive. In the year 2005, she was diagnosed as having autism. The doctor refers her to the Department of Aging, disability and Home care and various other services. The mother initially accepted these services but later withdraw saying that it is not making changes to her behaviour. Also, the case manager accompanied tried to contact the family of Ebony for commencing the school but there was no answer (DOCS failed Ebony by ignoring all rules. 2009). Even the principal contacted the DADHC to inform that Ebony has not joined the school as the principal was interested in offering support to the family that helps in facilitate education of the child but again no contact was able to be stablished with the family. From the year 2006 until her death in 2007, there were no record of providing such services from any of these agencies. During 2006, three risk harm reports were prepared concerning the childrenbasedonwhichinquiriesweremadebyDoCS.Theinquirystatesthatthe Department of Aging, disability and Home care is bot current working with the family because of lack of response from them. After which DoCS closed the report because of other competing priorities. In 2007, Department of housing made a reportDepartment of Community Servicesabout the state of the family’s home and in April, the caseworker sighted the two older children and the paediatrician in May. However, none of them sighted Ebony prior to her death. After the family vacated the place no one entered the premises again. There was lack of work on the part of caseworker who did not check whether all the medical appointment was actually attended by the child or not. After which the caseworker left the job. The new caseworkers was not properly briefed about the case and she also does not thoroughly acquaint herself with the case and just took the glimpse of the case by reading the last two pages. She was most of the time on the sick leave which further delayed the process (The death of Ebony: The need for an effective interagency response to children at risk. 2009). By the end of August, she was instructed to visit the premises of Matraville to have a sight of the children in 24 hours. She made few phone calls but never visited the place. Based on the call provided by the community member, DoCS asked about the new address of the family from the DOH. Then the file was transferred to Children protection file to department of Raymond Terrace office but before the file could be allocated to the worker the department was notified about the death of the Ebony on 3 November 2007.
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By looking at the facts, figures and procedures undertaken it was very clear that a clear foresight could have saved the girl’s life. Common sense could have been applied to save that girl from death. Ebony, 7-year-old starved to death by her parents in her room just because of care free nature of her parents which has put them behind bars and the state government to be responsible for the same as they were unable to protect the child. The discovery of Ebony’s little body brought shockwaves around New South Wales (NSW) and has put the departments under the fire which failed spectacularly in its duty. The case was extensively detailed and the focus was made on the last caseworker who was asked to visit the premises interview the parent ascertain the whereabouts of their children and interview them as well but failed to do so. By this time, DoCS got information from Department of Housing about the filthy house condition and by the education department about the poor attendance of the children along with the fact that Ebony was never sended to school. This instance should have been considered as an alarm and alerted the senses of the worker. At the instance as well when DoCS officer and a colleague visited the house, they sighted the two older girls who told them that Ebony in the next room but said that the girl is asleep (DOCS 'warned repeatedly' about starved girl's family. 2007). A week passed and Ebony was completely overlooked. One should have used common sense in such circumstances who has went on to check on a child who has never gone to school, lives in a filthy house, with weird and suspecting parents for looking their children in their rooms. The person should have insisted on seeing the child or can even just have peek into the room where she was sleeping. Along with that Ebony’s family was in contact with several agencies including FACS, DepartmentofAging,disabilityandHomecare,departmentofhousing,education department and police. And upon investigation these agencies said that they did not work together which only means that the vital information was not shared and the several warning signs were went unnoticed by everyone. DADHC has also taken responsibility in respect to theinadequateexchangeofinformationwiththeDepartmentofCommunity Services(DoCS) which could have informed about the case management strategy. Other than this, the Department of Aging, disability and Home care was right on its part that it cannot take any action in respect to the activities that requires the consent of the child’s parents or guardian and the absence of this consent has a huge impact on the role of the Department of Aging, disability and Home care (DADHC). Also, unresponsive nature of the parents is the major point that should have triggered in the mind of the officials that something is not right and prompt action is required. But no one thought about it and kept on looking for other things and continued their investigation.
From the Ebony’s case study, it can be said that at that time the Children protection system was good but not effective enough (Ainsworth and Hansen, 2011). Various reports were prepared, institutions, departments and support services were involved in it but no one got the idea that she must be sick or something is not good. After all this, a report was prepared which concludes with the lot of recommendation suggesting that we are at the dawn of new age child protection in New South Wales (NSW). These recommendations were put forward by the Justice James Wood, who headed this enquiry after Ebony’s death. This has led to the drastic change in the scenario of the child protection system. The problem was that all the red tape will not help the children if the child protection workers simply ignores it as what happened in the case of Ebony (Wood, 2008). The fact is that no new system can substitute for common sense which is a very vital skill required in this case but no one used it (Hansen and Ainsworth,2009). It was a clear and obvious case of child abuse. There are many signs that pointed towards it but because of lack of common sense no one was able identify it. The some of the recommendations made under Woods inquiry are- DADHC should review the investigation and consider the changes that may be required in the department’s management system in order to enhance the prospect services that should be received by the vulnerable children who are at the risk of harm (Cashmore, 2009). Also, the department is required to implement appropriate strategies and should engage with the families with the children having disability and are need of support services. Department of Aging, disability and Home care (DADHC) needs to make sure that its staff who are providing services to the children with disability are having adequate knowledge and information about the provisions under section 248 of ‘Children and Young Persons Act 1998’. Based on the recommendations provided, Department of Aging, disability and Home care (DADHC) has provided complete details about the changes it has made in the past two years in order to improve the department’s ability in respect to responding to the problems and the needs of the children and their respective families (Fernandez, 2014). DADHC has reviewed its policies and procedures to effectively comply with the DADHC’s responsibilities in accordance with the Wood inquiry. From the above it can be concluded that the then child protection laws and system in Australia were actually adequate because requires a proper direction and guidance. The case could have been handled more easily and efficiently if the working departments and officials were actually interested in the welfare of the child. What was very essential in this case was
the presence of mind and requirement of strict legal procedures which was not there that cost the life of seven year old child. The death of Ebony has become the main catalysts for the New South wales government which initiated the inquiry commission specially for child protection service. This inquiry has resulted into a significant change in the structure, policies, procedures and practices of child protection services.
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REFERENCES Books and Journals Ainsworth, F. and Hansen, P., 2011. The Munro Review of child protection: Final report—a child-centred system: a review and commentary.Children Australia.36(3). pp.164-168. Cashmore, J., 2009. Relational aspects in the regulation of systems for protecting children.Communities, Children and Families Australia.4(1). pp.31-35. Fernandez, E., 2014. Child protection and vulnerable families: Trends and issues in the Australian context.Social Sciences.3(4). pp.785-808. Hansen, P. and Ainsworth, F., 2009. Report of the Special Commission of Inquiry into Child Protection Services in New South Wales (the Wood Report): a review and commentary.Children Australia.34(2). pp.17-23. Wood, J., 2008. Report of the special commission of inquiry into child protection services in NSW. Online DOCS failed Ebony by ignoring all rules. 2009. [Online]. Available Through:< https://www.smh.com.au/politics/federal/docs-failed-ebony-by-ignoring-all-rules- 20091018-h2et.html >. DOCS 'warned repeatedly' about starved girl's family. 2007. [Online]. Available Through:< https://www.abc.net.au/news/2007-11-09/docs-warned-repeatedly-about-starved-girls- family/721224 >. Ebony: Judge restores some dignity to starved girl. 2009. [Online]. Available Through:< https://www.newcastleherald.com.au/story/497910/ebony-judge-restores-some-dignity- to-starved-girl/ >. The death of Ebony: The need for an effective interagency response to children at risk. 2009. [Online]. Available Through:< https://www.ombo.nsw.gov.au/__data/assets/pdf_file/0012/3360/Special-Report-Death- of-Ebony-Oct-2009.pdf >. The girl in the room. 2010. [Online]. Available Through:< https://www.themonthly.com.au/monthly-essays-anne-manne-ebony-girl-room- 2248#mtr >.