Family: Care and Protection of Children

Question 1

INTRO What are non-legal responses to the care and protection of children??

Answer 1

INTRO Wood inquiry, keep them safe, OOHC via NGOs, The National Framework for protecting children Framework 2009-2020 (COAG), NSW Health, Family Referral Services, Child Wellbeing Units in Gov deps, (ATSI) NGOs

Question 2

INTRO What has happened to societal values towards the care and protection of children?

Answer 2

INTRO They have changed, there is an increased awareness regarding issues of child abuse and neglect. This awareness and concern has led to an array of legal an d non-legal child protection mechanisms

Question 3

INTRO What the issues to this state matter mainly governed by?

Answer 3

INTRO The Children and Young Persons (Care and protection) Act 1998 (NSW). There are federal acts as well as outlined by Australian Constitution.

Question 4

INTRO Have laws and NL responses regarding the issue improved and if not, what has hindered progress?

Answer 4

INTRO Generally yes, however, the complexity and delicate nature of the issue due to the impact of responses on the well being of children have meant that the progression of these responses have been limited in certain ways.

Question 5

P2 What have legal responses done over time?

Answer 5

P2 Evolved in response to perceived failures of existing law, media and community pressure, as well as reports by independant organisations.

Question 6

P2 What does Children and Young Persons (Care and Protection) Act 1998 NSW state?

Answer 6

P2 It is a crime to abuse a child. Additionally, The Child Protection Act 1999 provides for the mandatory reporting of children at significant riskThe 2012 Child Protection Act provides for working with children checks.

Question 7

P2 What does the Children and Young Persons (Care and Protection) Act 1998 (NSW) and the Child Care and Protection ACt aim to do?

Answer 7

P2 ensure the rights of children and deter individuals from abusing or allowing the abuse of children.

Question 8

What are the consequences of severe abuse and neglect?

Answer 8

parents or guardians can be convicted under the Crimes Act 1900 (NSW) or can be issued AVOs by Police to act as a deterrent.

Question 9

End of P2 statement

Answer 9

Whilst these attempt to deter offenders and protect children, the high prevalence of child abuse and neglect indicates that the laws are not effective in that they are not easily enforced or recognised by the entire community.

Question 10

P3 Statement: What does the legal system also recognise?

Answer 10

The need to fast track serious cases of abuse to protect children from future harm. This was achieved through the intro of Magellan Program in 2003 to Family Courts, aiming to address and resolve cases within 6 months. The program also provides children with access to Independent Children’s Lawyers, improving their access to the law.

Question 11

P3 What did the 2007 AIFS report into the Magellan Program reveal?

Answer 11

the cases were quickly resolved and that participants felt “better outcomes were achieved for children and their families”.

Question 12

P3 What did the 2007 (Magellan) AIFS report indicate?

Answer 12

The success of the program, which was partly due to better case management and resource efficiency as indicated by the study.

Question 13

P3 Why are Magellan programs still criticised?

Answer 13

6 months is too long and such a wait could be detrimental to child’s well being. This could be addressed through the increased provision of judges into the Family Court.

Question 14

P3The 2016 SMH article

Answer 14

P4 ‘Judges ‘hard to recruit, retain’ because they don’t receive pensions’ AG George Brandis stated that he understanded the need for more judges, however stated that ‘there are resource implications’. NEED FOR IMPROVED RESOURCE EXPENDITURE THEN TO REDUCE TIME!

Question 15

P4 What is the main gov body responisble for child protection?

Answer 15

P4 Family and Community Services (FACS) which respond and investigate child protection issues as well as supports families to prevent future child abuse. As last resort remove children into OOHC, even though not always best solution, recognising best interests thru Emergency Care and Protection Orders.

Question 16

P4 What does FACS play a crucial role in?

Answer 16

P4 Responding to and preventing child abuse and negelct, achieving successful outcomes for many child victims.

Question 17

P5 What cases highlighted that child at risk of serious harm can still be missed?

Answer 17

P5 Deaths of children Dean Shillinsworth and Shelly Ward at the hands of their parents in 2007. Sparked media & community outrage toward FACS due to ineffective responses to both children and despite numerous reports made. (Daily Telegraph ‘Brief, Brutal Lives of forgotten children)

Question 18

P5 What happened in response to the deaths that sparked community and media outrage and what did it suggest?

Answer 18

P5 Wood Inquiry into NSW Child Protection Services, suggesting influence and success of media in driving law reform, whilst revealing the ineffectiveness of FACS (however, the media rarely reports FACS success stories!)

Question 19

P5 What did WOOD inquiry lead to?

Answer 19

P5 Creation of legislation with Wood Inquiry recommendations & Keep Them Safe Campaign.

Question 20

P5 Why is the Keep them Safe Campaign effective?

Answer 20

P5 It aims to increase communication btw legal and legal organisations and increase resource efficiency.

Question 21

P5 What was established in response to the Keep them Safe campaign?

Answer 21

P5 Family Referral Services for children at risk but not serious risk. Given through NGOS (mackillop fam services, Barnados Australia). They refer at risk children to services best suited to needs.

Question 22

P5 ARE FRS effective?

Answer 22

P5 Yes, highly resource efficient way of providing services to children and providing early support for struggling families.

Question 23

P6 What did the Wood INQuiry reveal about ATSI children?

Answer 23

P6 Responses to address the large disparity of ATSI children highlighted by the Wood Campaign have proved non-legal responses have so far been ineffectual. Even though culturally responsive NGOs by Aboriginal Secretariat of NSW were established following the inquiry to address this, a 2016 AIFS report found that over-representation statistics had not diminished.

Question 24

P6 What did the AIFS study about over-rep of ATSI kids reveal?

Answer 24

P6 Need for further adjustments so ability to protect ATSI children is increased. Addressed COAG’s National Framework for Protecting Children’s third framework from 2015-2018.

Question 25

P7 What are additional non-legal responses?

Answer 25

P7 NGOs, eg Braveheart Foundation and NSW Health also assist child victims of abuse. There responses regarded as largely effective.

Question 26

CONLCUSION: What is evident from all this?

Answer 26

For adequate protection of children from harm, both legal & non-legal responses required.

Question 27

CONLCUSION: How effective are these responses?

Answer 27

Effective to an extent, but improvements still be made.

Question 28

CONLCUSION: Ultimately…

Answer 28

if both legal & NL responses continue to increase in effectiveness, all children will eventually receive the adequate care and protection they deserve.

Question 29

What was the significance of the FL Amendment (Family violence and other measures) Act 2011 for the FC?

Answer 29

all court personnel and FDR practitioners must report any suspicions of child abuse. This can lead to the case being fast tracked by the Magellan program for serious allgeations of abuse.

Question 30

What court hears cases relating to care and protection of children under 18 and provides independent clinical assessments?

Answer 30

Children’s Court

Question 31

The COnversation 2014 “Abuse and neglect: Australia’s child protection‘crisis’” In New South Wales, reported that child protection officers were conducting face-to-face assessments

Answer 31

for only 28% of reports where a child was alleged to be “at risk of significant harm”.

Question 32

The COnversation 2014 In New South Wales, reported that child protection officers were conducting face-to-face assessments
for only 28% of reports where a child was alleged to be “at risk of significant harm”.

Answer 32

“Abuse and neglect: Australia’s child protection‘crisis’”

Question 33

A combination of advances in research, changes in social values, and breaking of taboos has resulted in

Answer 33

an expansion over time in the types of maltreatment acknowledged and a decrease in the threshold for what constitutes abuse or neglect.

Question 34

A shift to less conservative and religious societal values over time in Australia has led to increased recognition

Answer 34

of the problems that can arise within families, including the breakdown of relationships, child abuse and neglect and the subsequent importance of protecting children. The complexity…

Question 35

A shift to less conservative and religious societal values over time in Australia has led to increased recognition of the problems that can arise within families, including the breakdown of relationships, child abuse and neglect and the subsequent importance of protecting children. The complexity…

Answer 35

The complexity and private nature of these issues, compounded by overlapping federal and state jurisdictions, has required both legal (the legal system and legislation) and non-legal (government, non-government organisations’ counselling and social welfare services) responses.

Question 36

A shift to less conservative and religious societal values over time in Australia has led to increased recognition of the problems that can arise within families, including the breakdown of relationships, child abuse and neglect and the subsequent importance of protecting children. The complexity and private nature of these issues, compounded by overlapping federal and state jurisdictions, has required both legal (the legal system and legislation) and non-legal (government, non-government organisations’ counselling and social welfare services) responses. Though

Answer 36

amendments to legislation and changes to the legal and non-legal systems to reflect society’s changing values have proved largely beneficial, their exists opportunities for further improvement.

Question 37

What was the significance of the FL Amendment (Family violence and other measures) Act 2011 care and protection of children?

Answer 37

. The changes emphasised the best interests of the child, including the witnessing of violence as a form of violence due to the detrimental impact this had on children.

Question 38

the FL Amendment (Family violence and other measures) Act 2011 also…

Answer 38

also responded to a perceived failure of existing law by the Family Law (Shared Parental Responsibility) Amendment Act 2006 to encourage the reporting of domestic violence, tipping “the balance of family law back towards putting the safety of the children first.”

Question 39

Despite responding directly to the 2006 Act, some argue that the amendment failed to directly address that family violence victims will still partake in primary dispute resolutions and be “encouraged to reach settlements which may expose them and their children to violence and abuse.”

Answer 39

(‘Family Violence and the Impact of Recent Amendments to the Family Law Act’, Adiva Sifris, 2012).

Question 40

(‘Family Violence and the Impact of Recent Amendments to the Family Law Act’, Adiva Sifris, 2012).

Answer 40

Despite responding directly to the 2006 Act, some argue that the amendment failed to directly address that family violence victims will still partake in primary dispute resolutions and be “encouraged to reach settlements which may expose them and their children to violence and abuse.”

Question 41

the Child Protection Act 1999 (NSW)

Answer 41

professionals working with children are required to report children who appear to be at risk of abuse or neglect to FACS.

Question 42

The Child Protection Legislation Amendment Act 2013

a result of

Answer 42

“Child Protection Australia 2012-2013, Australian Institute of Health & Welfare

Question 43

What did “Child Protection Australia 2012-2013, Australian Institute of Health & Welfare result in

Answer 43

The Child Protection Legislation Amendment Act 2013

Question 44

Child Protection Amendment Act 2013 (NSW)
 Focus on keeping young people safe by:


Answer 44

Increased early intervention
 Expansion of Parental Responsibility Contracts (to improve parenting skills) to support expectant mothers w. substance abuse issues.
 Courts can now consider open adoptions as a permanent sol’n to foster care.