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This title was first published in 2001. Making decisions about the care and protection of children who appear before the courts is complex. Attention must be paid to the best interests of the child, the child’s need for their family, community views on parenting, and concern about welfare intrusion into family life. Magistrates have a unique authority to make, or reject child protection orders - yet the criteria they use to decide a protection order, how they understand the information presented to them in court and the factors that influence their discretion and decision-making have, until now, been little known. Presenting the findings of a study undertaken at Melbourne Children’s Court, this book offers a much-needed investigation of how magistrates actually make child protection decisions. Case examples highlight this decision-making and the book thus offers practical assistance to professionals working with children in the legal process.
Prosecuted But Not Silenced is a powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse—a human rights and civil rights issue for women and children. It is an important educational tool for judges, lawyers, social workers, therapists, politicians, and the general public so that people realize what still occurs today. A National Health Crisis, Maralee’s story reveals the last taboo and a crime that needs the public's attention, and emphasizes the need for training in the dynamics of maltreatment so that no more mothers have to suffer what happened to Maralee and her daughter.
The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.
Professionals in child welfare and protection are often required to make decisions--fraught with many difficulties and shortcomings--that have crucial implications for children and families. There are many indications that these decisions are frequently unreliable and involve unavoidable errors in judgement due to the uncertainties. Despite the central role of judgements in the field, child welfare and protection training and research programs pay limited attention to leveraging the human factors aspect of practice. Although extensive research exists in relevant areas--such as medicine, psychology, business administration, and economics--little has been done to help develop, transfer, and translate scientific knowledge to the child welfare arena. Decision-Making and Judgment in Child Welfare and Protection pulls together the best internationally sourced expertise and makes it accessibly available and applicable to scholars, educators, practitioners, students, and policymakers--the key stakeholders in child protective services and child welfare.
This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.
"cross the spectrum of political ideologies there is, in principle, widespread agreement that the state has a legitimate role in protecting children from harm. Even the Nobel Prize winning economist Milton Friedman (1962), among the most ardent liberal supporters of the laissez faire philosophy, recognized this "paternalistic" function of government. At the same time, the traditional view of children, that they are the property of the father (pater) or the parents, is under pressure (Zelizer, 1994; James & Prout, 1997; Archard 2004). Societies are at an intersection when it comes to how children are treated and how their rights are respected, which creates tensions in the traditional relationship between the family and the state. Children are a focus of government responsibility under certain state-defined norms relating to harm and need. And parents are sometimes constrained by the state from exercising their (familial or property) rights under state-defined criteria of harm and need"--
The Child Protection Handbook explains how to recognise abuse and protect at-risk children for those working with children and young people aged under 18, including in social care, education, health services, and sport and leisure settings. The book has been fully updated to incorporate the impact of new technology as well as current legal and policy frameworks that govern statutory child protection intervention in the UK. It considers all aspects of child protection, including organisational issues, children's rights, the needs of those from diverse backgrounds, and the impacts of the Covid-19 pandemic on child protection work. With accessible, up-to-date information presented in an easy-to-navigate format, the Handbook is ideal for all busy practitioners wanting to improve outcomes for children, young people and their families. - Fully updated since the last edition in 2007 – perfect for all those working with children and young people - Easy to navigate and locate information – suitable as a reference book for busy practitioners - Illustrative boxes in each chapter, drawing on practice case examples to highlight current issues and dilemmas - All concepts explained in straightforward, jargon-free language - Reflective points to encourage the reader to think about their own practice and apply new knowledge - Key questions for students and teachers to check understanding and to explore concepts further - Links to resources and further reading - Supporting social workers in child protection practice - Poverty and child protection - New forms of child abuse, including technology assisted child sexual abuse, child sexual exploitation, gangs and criminal exploitation, radicalisation, forced marriage of children and young people, female genital mutilation, and faith-based abuse - Focus on teenagers, including child protection in adolescence, leaving care, safeguarding and children in conflict with the law, children and young people who have displayed harmful sexual behaviour, and child to parent violence and abuse - Safeguarding in sport and leisure - Working with parents at risk of repeat removal of their children through care proceedings
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
I have no doubt that this book will become an invaluable tool for family and children's court judges and magistrates, psychiatrists, psychologists, social workers, police and the many other professionals who work in this field.' The Honourable Alastair Nicholson, former Chief Justice of the Family Court of Australia A ground-breaking, comprehensive, honest, well researched and courageous book that should be essential reading for all politicians and professionals involved in both the Family Court of Australia and state child protection systems.' Emeritus Professor Freda Briggs AO Child abuse in the context of parental separation and divorce is not a malicious allegation, nor a misunderstanding. It is a real and growing problem with very young children as the primary victims. Child Abuse and Family Law draws on pioneering research to identify the causes, features and impact of child abuse in parental separation and divorce. The authors argue that professionals working with these families need to better understand the specific and often severe nature of this abuse to improve outcomes for both the children and their families. The authors develop a much-needed practice framework for all socio-legal professionals involved in the family law system. Using case studies, they take a multi-disciplinary approach to outline strategies for family lawyers, child legal representatives, social workers, child protection workers, psychologists, psychiatrists, health workers and teachers.