Case Study: Legal and Ethical Considerations in Child Protection

This assignment presents a case study involving two children, Kaya and Callen, focusing on indicators of harm, risk factors, and types of abuse. It emphasizes a child-focused approach, outlining appropriate responses, questions, and reporting procedures to child protection services. The assignment identifies relevant agencies for family support and details state-specific reporting procedures in Australia. It further examines the Early Childhood Australia’s code of ethics, identifying unethical educator behavior and its potential impacts on the children. The analysis extends to legal and ethical obligations of educators, relating them to learning outcomes from the Early Years Learning Framework. The assignment also addresses duty of care, professional boundaries, and the Convention on the Rights of the Child, differentiating between legal obligations and ethical responsibilities. It concludes with a reflection on key performance indicators for educators and the importance of ongoing professional learning, referencing the United Nations Rights of the Child and the ECA Code of Ethics.

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