The laws and policies related to children
10 year old Kim and her 14 year old half-sister Jodie have been removed from their home to their maternal grandmother’s home as they have seen unsafe drug misuse behaviour by their mother and Kim’s father. Jodie’s father is separated from their mother. Both the children are happy about staying with their grandmother, however their grandmother does not feel well and spends her time in hospital. Therefore, the local authority has suggested that the children should be placed in adoption. The grandmother has two other children who have agreed to take care of the children if the grandmother is unable to do so.
In this essay I will be talking about the children’s case study. I have included a summary of the case study. In the essay I have covered the different laws and policies that relate to the case study. In this essay I have covered The Children’s Act 1998, The Working Together Document 2013, Every Child Matters policy, The Special Guardianship Order, Adoption and The Human Rights Act 1998. I have also talked about the sections in The Children’s Act 1998 and the process of adoption.
The Children’s Act 1989 is put in practice to ensure that whatever decisions are made on behalf of the child is in the best interest of the child. The Children’s Act 1989 has different sections to it and when there is a decision being made on behalf a child, the decision maker ensures they relate it to The Children’s Act 1989.
Section 1 of this act
Children Act 2006 – Is an Act that defines the new duties imposed on the Local Authorities in respect to improving the Every Child Matters outcomes for pre-school children. The Act also defines new rules in relation to childcare for working parents as well as parental information services. It is aimed at improving the well-being of young children. It emphasises the importance of safeguarding children and young people within an educational setting. If a child discloses neglect or abuse; an establishment should have instructions to help the child. This could be referral to an outside organisation or internally.
Children Act 1989 – Determines the duty of early year’s practitioners to identify and meet the separate and distinctive needs of children and to keep them safe. It initiated the belief that the child ought to be at the centre of planning and that a child’s well-being and safety are vital when judgements are made concerning them. This act also recognises the accountabilities of parents in keeping their offspring safe. In this act there are two particular segments that relate to the duty of local authority with concern to child protection, these are-
Modern society now especially since 1997 have tried putting children first such as committing to meeting children’s needs. There are still problems such as school truancy, adolescents not in education or training and also child protection as there have been tragic deaths including baby P and Victoria climbie, which her death was largely responsible for the formation of every child matters inactive plus a lot of other changes in different systems,
Children Act 1989 – Protecting children’s welfare and to provide services according to the specific needs of children.
Child Act 1989- “the Children Act 1989 aimed to ensure that the welfare of the child was paramount, working in partnership with parents to protect the child from harm” http://www.careandthelaw.org.uk/eng/b_section2 appendix 3
Children’s Act 1989: Identifies the responsibilities of parents and professionals who must work to ensure the safety and welfare of the child/young person. Two important sections included in the act are:
The children act 1989- the children act is a legislation that ensures the welfare of children. This would promote anti-discriminatory practice by protecting children and treating them all equally. This could be by stopping abuse and giving children a safe and secure
The children act 1989 has influenced some settings by bringing together several sets of guidance and provided the foundation for many of the standards practitioners sustain and maintain when working with children. The act requires that settings work together in the best interests of the child and form partnerships with parents or carers. It requires settings to have appropriate adult to child ratios and policies and procedures on child protection. This act has had an influence in all areas of practice from planning a curriculum and record keeping. The every child matters framework has
* Analysing the child’s and families need’s and the level of risk or harm the child may be suffering
The idea behind the Act is to promote (co-ordination between multiple official entities to improve the overall well-being of children. The 2004 Act also specifically provided for including and affecting disabled children. The Act places a duty on local authorities and their partners (including the police, health service providers and the youth justice system) to co-operate in promoting the wellbeing of children and young people and to make arrangements to safeguard and promote the welfare of children.
Working together to safeguard children 2006 sets out how organisations and individuals should work together to safeguard and promote the welfare of children and young people in accordance with the Children’s Act 1989 and the Children’s Act 2004. It is important that all practitioners within settings and environments looking and caring after children and young people must know their responsibilities and duties in order to safeguard and promote the welfare of children and young people, following their legislations, policies and procedures.
It is likely that a court will find Caterers Unlimited did not contract with Kris Hamilton for items deemed as necessaries under Utah’s Legal Capacity of Children statute. The statute states “a minor is bound not only for reasonable value of necessaries but also by his contracts, unless he disaffirms them.” Utah Code Ann. § 15-2-2 (1953). The Utah court further explains this legislation in Harvey v. Hadfield, where the court specifically recognizes “the justice and propriety of refusing to enforce contracts against minors, except for necessities” and reaffirms that the purpose of the 15-2 statute is to protect minors from imprudent acts until they “have the maturity of judgment necessary to deal with opposing parties on equal terms so that it is fair and equitable to bind them by their acts.” Harvey v. Hadfield, 13 Utah 2d 258, 372 P.2d 985 (1962). Although the Utah courts have failed to explicitly define the term “necessaries,” authority from the Arizona Court of Appeals in the Valencia v. White case determined that necessaries constitute items such as food, clothing, housing, and other basic requirements to sustain life Valencia v. White, 134 Ariz. 139, 654 P.2d 287 (Ct. App. 1982). It should be noted that the Arizona court did not created a strict test to determine necessaries, instead choosing to determine each case on a “factual and reasonable basis.”
In 1971, the legislative branch proposed a law called the Universal Child Care Law. The Universal Child Care Law was going to put billions of dollars towards building a national daycare service. The law would have benefited working parents, especially single parent households, and would have helped struggling American families with an alternative to welfare aid. If the law would have been passed, given the present day difficulty with the child care system and working parents, these current issues would have been greatly altered.
Many children long for a forever family because they are not able to be reunited with their birth parents. Being an adoptive parent can change a child 's life forever, as well as bring new joy and fulfillment to your family. Relatives, families and friends are often the best place for children who have been removed from their birth parents. These kinship caregivers can give children the comforts of a home they deserve. Youth must be involved in the process and must have input. Many youth do want to be adopted, even if they initially say no. Youth need to be involved in recruitment efforts. Youth need to be able to identify persons with whom they feel they have connections. Youth need to work with professionals who understand them and enjoy working with them.
In early 90’s government changed the principles of Children Act apply new changes into legislation especially in relation to children ‘who have been assaulted, ill-treated, neglected and sexually abused or who are at risk’ (Ireland, Department of Health and Children Working Group on Foster Care, 2001). The main precepts were to apply health and welfare in the areas the most desperate for support; considering child’s wishes appropriately to age and level of understanding (p.17). Other principles were mainly focusing on what’s best for a child and the fact that child should stay with their own family. Provision of the services like foster care is one of the options in unusual circumstances.