Sharing personal information in the child protection context: Impediments in the Australian legal framework

Professionals, including social workers, in the child protection context are frequently required to make decisions on whether to share sensitive personal information about children, their families, and others with colleagues and across institutional and jurisdictional boundaries. Sharing information across agencies and organisations is essential to allow joined‐up service provision and to effectively protect and support children and their families. A legal framework that supports this decision making is a necessary, although not sufficient, condition for effective information sharing. This article examines the complex legal framework that governs information sharing across the Australian states and territories. It identifies a number of structural and regulatory elements that unnecessarily limit information sharing or have a tendency to create a culture that is risk averse, rather than proactive, in sharing information. The article suggests structural and regulatory reforms that would improve the legal framework for sharing information, while at the same time giving due recognition to the human rights that come into tension in this policy context: the right to privacy and the rights of the child.     

The impact of residential placement on child development: research and policy implications

The accumulated knowledge on the development of children in residential settings covers a lot of ground but leaves a great deal unturned. The article summarises what is known about child development in the context of residential settings and concludes that there is little evidence to draw on to make clear recommendations about what types of children are likely to benefit from what types of residential settings. It maintains that, in the absence of evidence, policy and practice regarding residential care often has been guided by ideology. Residence has become a place of last resort for young people who cannot receive the support and/or safety they need from their own families or from foster families, or who pose a danger to others. The article calls for more rigorous evaluations of the impact of residence on child outcomes as well as concerted efforts to apply research evidence to policy and practice.     

Lithuania's children's policy in the period of transition

The article investigates the welfare regime of the free Lithuanian Republic from the perspective of children's policy. The main principles of the 1989 UN Convention on the Rights of the Child – child protection, child provision and child participation – serve as indicators for the level of child orientation. The article analyses legal and institutional issues related to the implementation of the Convention in Lithuania in the first decade of Independence 1990–2001. Furthermore, it compares Lithuanian policy with the three welfare regimes identified by Esping-Andersen. Our results indicate that Lithuanian policy shows a low level of child orientation and that the Lithuanian welfare regime does not correspond to any of the welfare regimes in Esping-Andersen's typology. Lithuania still shows traits from the former Soviet regime. The new liberal extreme market orientation is not modified by social support institutions, and is combined with conservative ideologies on women and family.     

The ABC of Child Care Politics

The care and education of children below school age is an area of intense public debate and the subject of considerable policy innovation in Western democracies. Child care raises complex philosophical and policy issues ranging from broad questions about the relative responsibilities of state, market and family to technical aspects of policy design such as the interaction of child care subsidies with income support, family payments and taxation. Across the developed world, countries are finding new ways to address the growing need for child care, with market‐based solutions looming large in several countries. This paper analyses Commonwealth policy towards long day care in Australia since the early 1990s. It explores the shift towards market‐based, for‐profit care for children below school age, especially the growth of publicly listed child care corporations. In allowing a single corporation to assume a dominant position in the provision of long day care, Australia has embarked on a vast experiment in the care of children, unparalleled in other countries.     

Experiences of grandparents raising grandchildren in getting income support from work and income offices in New Zealand

Grandparents raising grandchildren in New Zealand are entitled to the unsupported child benefit (UCB) if they meet the conditions for eligibility. To access the support, they are required to attend the offices of Work and Income. In a large survey of such grandparents undertaken in 2016, participants articulated a wide range of qualitative comments around their experiences in accessing this important form of income support. While a proportion had positive experiences, most were critical of the operation of the offices. Between the policy of providing financial support for children unable to live with their own parents, and the practice of being a grandparent looking after such children, lies a complex set of systems of which grandparents were often extremely critical, for a range of reasons which are explored in this paper.     

Domestic Violence and the Exemption from Seeking Child Support: Providing Safety or Legitimizing Ongoing Poverty and Fear

This article examines the experience of low‐income women on welfare in Australia and the process of seeking child support from a violent ex‐partner, contrasting this with research from the United States and the United Kingdom. Women in Australia who fear ongoing or renewed abuse as a result of seeking child support are eligible for an exemption. However, the exemption policy does not necessarily provide the intended protection of women and children from ongoing abuse and poverty. The exemption policy route also produces an unintended outcome whereby the perpetrators of violence are financially rewarded as they do not have to pay child support. These outcomes are shaped by a complex interaction of personal, cultural and structural forces that make the process of seeking child support for women who have experienced violence extremely problematic. The article demonstrates how in Australia, as in the US and UK policy contexts, the needs of women and their children are compromised by the details of policy specification and the way policies are implemented within the different systems.     

The Australian child support reforms: a critical evaluation

The Australian Child Support Scheme aims to ensure that children continue to be supported financially should their parents separate or never live together. Sweeping changes to the Australian Child Support Scheme were introduced between 2006 and 2008, featuring a dramatically different system for the calculation of child support and a more rigorous enforcement regime. The reforms were intended to respond to ongoing concerns about equity, and to changes in social expectations and practices in gender, work, and parenting. In this article we summarise key findings from a large cross‐sequential study of the child support reforms. Although the new formula initially led to lower child support payments, and an increase in the proportion of separated mothers experiencing income disadvantage, payments two years later had increased slightly. More broadly, the new scheme appears to have resulted in little change in separated parents' policy knowledge, parenting arrangements, perceptions of fairness, and child support compliance. Taken together, these findings suggest that Australia may not have made as much progress as it would have liked in this thorny area of social policy – especially in relation to compliance and perceptions of fairness.     

After Safety,What is the Goal of Child Welfare Services: Permanency,Family Continuity or Social Benefit?

Child welfare services have multiple goals, including child protection, family continuity, and achievement of legal permanency so children can end their involvement with child welfare services and have a lifetime family. These goals are not all achievable to the same extent in all cases. American child welfare policy has, in the last few years, become more definitive about the priority of child protection above family preservation. Now, situations which involve safety risks that are too great do not require any efforts at reunifying children to their biological homes. Less clear in American child welfare policy and practice is the value to be placed on other factors – particularly when a child cannot return home and will need an alternative adoptive family. Practitioners often emphasize family continuity – that is, the opportunity to maintain contact with the biological parent and extended family members – as a key decision making consideration. Yet, family continuity does not necessarily predict a successful transition to adulthood that is healthy for children or provides social benefits to the community. This paper explores the rationale for expanding child welfare decision making criteria by adding longer-term outcomes and the likelihood that children will eventually generate social benefits.     

Aging and social welfare in transition: the case of the United States

In the United States at the end of the twentieth century, government policies regarding elderly people appear to be in transition. In part this reflects the traditional American ambivalence between radical individualism and collective assistance - especially in the form of tax-supported public welfare provided through government agencies - for those unable to earn or save for their own support. But in part this reflects new concerns about the growth of welfare "entitlements" for elderly people and the presumed "generational inequity" of public support for the aged at the expense of funds for children and young families. We review 1) the changing demography of the United States elderly population, 2) the complex and ambivalent history of welfare policy in the United States and 3) the evidence for tensions and conflicts between older and younger Americans in the context of politicized "generational inequity" debates, with special attention to changing government health care policies. We conclude that in American society, particularly in terms of federal assistance to the aged, there is considerable public support for current policy measures, and - contrary to the predictions of many - it is not likely that there will be dramatic policy changes in the near future.     

Protecting the Right to Life of Children with Disabilities in China

ABSTRACT

Chinese social policy to support parents in caring for their children is vital to address the urgent social problem of abandoning the life of children with disabilities by not seeking medical treatment. The child rights approach was used to analyze the effectiveness of Chinese social policy to protect the right to life of these children. Primary and secondary empirical data from 3 case studies where parents decided whether to abandon their child were analyzed. Did the child protection mechanisms protect the right to life of these children, and when did parents decide to abandon their children? The findings were: a) When the children were born, their right to life was not unconditional; b) the decision was made privately by parents—no formal decision procedure was available, the role of professionals was minimal, and the state did not intervene; and c) parents considered the disadvantages to their children if they lived. The implication is that China has not yet established a system to support parents and protect the lives of young children with disabilities. Future research to inform child protection reform and disability support to children and families to prevent children becoming abandoned is urgently needed.     

The proof of the pudding: What difference does multi‐agency working make to families with disabled children with complex health care needs?

More than 20 years of research with disabled children, young people and their families has highlighted the need for the different professionals and services that support them to work more closely together. The British policy and legal framework for ‘joined up working’ has never been stronger. However, there has been an assumption that multi‐ or inter‐agency working will inevitably be a ‘good thing’ for families. This paper discusses findings from a 3‐year research project which looked at both the process and impact of multi‐agency working on families with a disabled child with complex health care needs. Interviews with 25 parents and 18 children and young people who used six developed, multi‐agency services were carried out. Findings suggested that the services had made a big difference to the health care needs of disabled children but were less able to meet the wider needs of the child and the family – particularly in relation to social and emotional needs. Multi‐agency working appeared to make some positive, but not significant, differences to the lives of families.     

Crafting Child‐friendly Cities: Evidence from Biratnagar Sub‐metropolitan City,Eastern Nepal

Our cities are increasingly becoming the sites where children socialize, observe, and learn how society functions and many local and global activities have impacted children's health and well‐being. The Child‐friendly Cities initiative, launched by the United Nations Children's Fund and the United Nations Human Settlements Programme in 1996, draws in diverse stakeholders to place children at the center of the urban agenda. Based on social work research, this article analyzes the acclaimed status of Biratnagar Sub‐metropolitan city, Eastern Nepal, as a child‐friendly city. Despite its efforts, the city of Biratnagar is yet to meet the required criteria to claim itself as a child‐friendly city. Further improvements by the city administration in achieving children's participation in decision‐making, child‐friendly legal environment, and code of conduct are essential. Based on the evidence, the authors advocate for bottom‐up approaches that include children's voices and their real participation in city governance and a strong political will to craft child‐friendly cities, not as a policy rhetoric but for real. Enabling children to fulfill their potential as equal participants in crafting child‐friendly cities will require adults to relinquish some of their hegemonic powers of decision‐making on behalf of children.     

Responding to child maltreatment: Comparison between the USA and China

A recent study estimated that over one‐fourth of Chinese children have suffered maltreatment (Fang et al., 2015 ). However, the current child welfare policy in China is limited to orphans, abandoned children, and children with disabilities. Also, there is very little comparative research in China on Chinese and other countries’ child welfare systems. The purpose of this study was to analyze applicable US and Chinese child welfare policies, identify gaps in Chinese policy regarding child maltreatment, and make recommendations for a policy agenda for improving child welfare in China based on cultural values and existing policy structures. Results show that China has considerable capacity to make improvements in child protective services, foster care, and adoption policies. Based on the results of this study, several implications are provided to develop China's child maltreatment policy to increase children's outcomes of well‐being, safety, and permanency. Key Practitioner Message: ? To understand the background and system of current Chinese child maltreatment policy; ? To review US child maltreatment policy and its implementation to identify gaps in the Chinese child maltreatment system; ? To provide policy suggestions to develop Chinese child maltreatment policy and provide recommendations for social work education and practice in China.     

Children and safety in Australian policy: Implications for organisations and practitioners

Child safety is now a national policy priority in Australia. Extensive enquiries and reviews have escalated legislative and policy responses focused on developing, maintaining and monitoring “child safe” organisations. The recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse point to the importance of cultural conditions within organisations in supporting child safety and the need for responsive change in some organisations. Drawing on a recent policy analysis, undertaken as part of a larger Australian Research Council Discovery Project, this article examines how children and safety are constructed, within and across relevant state and federal government policies in Australia, and the implications of this. Distinctions are drawn between conceptualisations of children within the broader education policy context and two specific policy contexts in which children are considered particularly vulnerable to abuse – out‐of‐home care and disability. The findings indicate that policy discourses of “child safe” potentially foster different emphases and approaches in organisations. These have implications for the way children are positioned in relation to their safety, how their rights are recognised and implemented, and what is required to foster cultural conditions within organisations to best support children’s safety and wellbeing.     

Kazakhstan's implementation of international conventions on the protection of children's rights (juvenile responsibility)

The purpose of this article is to analyze international experience and legislation on the protection of children's rights, to assess the state of this issue in the national space of Kazakhstan, to conduct a comparative analysis and the level of implementation of the provisions of international conventions. To achieve the set goals and tasks, to ensure the reliability of the results and conclusions obtained, a system of methods of scientific cognition was used, which, in conjunction with general logical methods and techniques, made it possible to comprehensively and effectively investigate the administrative and legal support for the formation and implementation of state policy in the field of child protection. The formation of the international legal framework for the formation of a system for the protection of children's rights is studied. The level of Kazakhstan's accession to the implementation of international documents in the field of children's rights protection has been determined. The main directions of non-compliance with international regulations in Kazakhstan according to the conclusions of the UN (United Nations) committees are described. The level of priority of this direction of state policy for the government of the Republic of Kazakhstan and its normative regulation is assessed. The system of juvenile justice in the country and the situation of children in the Republic of Kazakhstan is analyzed according to the reports of the relevant authorities.     

Foster Care: How We Can,and Should,Do More for Maltreated Children

Foster care provides round-the-clock substitute care for nearly 700,000 U.S. children who are temporarily or permanently separated from their family of origin each year. Each state manages its own foster care system according to federal regulations. Despite numerous large-scale federal policy reforms over the past several decades, substantial concerns remain about the experiences and outcomes of children in the foster care system. The most recent effort to reform foster care, the Family First Prevention Services Act of 2018, attempts to both reduce the use of foster care and increase the quality of care. In this report, we review how policy has shaped the experiences and outcomes of children in foster care, where policy has succeeded, and where it falls short of achieving its goals. We then identify opportunities for federal and state policy to better support the safety, health, and well-being of children in foster care.     

Counting family support

Preventative family support approaches are positioned as central to child welfare policy reforms aiming to address the problems of relying upon investigation and out‐of‐home care as the main modes of intervention. Extensive claims are made for family support but relatively little is known about its scope, processes and impact. This study examines the provision of family support in one jurisdiction. A census‐type survey of family support services in one Australian state was conducted using a performance measurement framework in which inputs, outputs, processes and outcomes were measured. Family support services constituted a minor part of child welfare expenditure. They provided a narrow range of service types, and most families received short duration, low intensity services. Workers had difficulty identifying the specific child and family needs that were met by services. For family support to be a genuinely alternative response to concerns about the care of children, it must be capable of making an observable difference in the lives of families experiencing serious difficulties. The collection of aggregate performance data on family support would assist in understanding the nature and outcomes of service provision, as well as ensure family support is ‘counted’ in measurement‐orientated policy and budget processes.     

Documentary analysis of the legal and policy framework of transracial adoption in South Africa

Transracial adoption was legalized in South Africa through legislative reform as South Africa moved into a post-apartheid era of non-racialism. Transracial adoption offers one option of placement for Black children in need of alternative care. However, adoption continues to face obstacles to implementation, including cultural obstacles which impact on placement of Black African children. This paper reports on adoption statistics on national adoption in the period 2013–2021 and a documentary analysis of the current legal and policy framework governing transracial adoption. We cover international instruments, local laws, including the Children's Act of 2005, and relevant policy documents designed to facilitate the implementation of adoption. We show that the law is supportive of transracial adoption, but that policy documents offer a somewhat contradictory stance to the practice. The lack of success of transracial adoption as a child protection strategy does not lie within the legal framework but may lie in the difficulties in interpreting and implementing the range of different policies by those implementing these policies. More research into the implementation practice of these bureaucrats is required to understand the underutilization of transracial adoption as a placement option for Black children in South Africa.     

Recurrent grief in mothering a child with an intellectual disability to adulthood: grieving is the healing

Much of the literature on mothering a child with a disability focuses on grief in the context of diagnosis, with a paucity of longitudinal studies focusing on ongoing grief as the child moves through the life stages. This qualitative study explores the existence of recurrent grief within the lived experience of six women, in mothering their children with intellectual disability through to young adulthood. Informed by the differing theories of grief and disability, the study considers mothers' perception of the experience of recurrent grief as influenced by personal and societal factors, with a focus on its triggers, its manifestation and its amelioration. The findings have relevance to social work practice, policy and research in revealing the necessity for ongoing support and advocacy for mothers of children and young adults with intellectual disabilities.     

Courts,care proceedings and outcomes uncertainty: The challenges of achieving and assessing “good outcomes” for children after child protection proceedings

The professed aim of any social welfare or legal intervention in family life is often to bring about “better outcomes for the children.” But there is considerable ambiguity about “outcomes,” and the term is far too often used in far too simplistic a way. This paper draws on empirical research into the outcomes of care proceedings for a randomly selected sample of 616 children in England and Wales, about half starting proceedings in 2009–2010 and the others in 2014–2015. The paper considers the challenges of achieving and assessing “good outcomes” for the children. Outcomes are complex and fluid for all children, whatever the court order. One has to assess the progress of the children in the light of their individual needs and in the context of “normal” child development, and in terms of the legal provisions and policy expectations. A core paradox is that some of the most uncertain outcomes are for children who remain with or return to their parents; yet law and policy require that first consideration is given to this option. Greater transparency about the uncertainty of outcomes is a necessary step towards better understanding the risks and potential benefits of care proceedings.