The Development Of Child Protection Law And Policy

This book examines how child protection law has been shaped by the transition to late modernity and how it copes with the ever-changing concept of risk. The book traces the evolution of the contemporary child protection system through historical changes, assessing the factors that have influenced the development of legal responses to abuse over a 130-year period. It does so by focussing on the Republic of Ireland where child protection has become emblematic of wider social change. The work draws on a wide range of primary and secondary sources including legislation, case law and official and media reports of child protection inquiries. It also utilises insights developed through an extensive examination of parliamentary debates on child protection matters. These materials are assessed through the lens of critical discourse analysis to explore the relationship between law, social policy and social theory as they effect child protection. While the book utilises primarily Irish sources, this multidisciplinary approach ensures the argument has international applicability. The book will be a valuable resource for all those with an interest in the development of child protection law.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .

The contributors to this book provide a comprehensive review of child care policy and practice. They present evaluations and critiques of new or impending legislation and policies, and describe innovative services for children and young people who are deemed to be in need of protection, care or control as a result of abandonment, neglect, ill-treatment, offending or other difficulties. They also examine changes in adoption law, where such issues as placement policies in relation to children from ethnic minorities, intercountry adoption and the trend towards greater openness have become prominent and controversial in recent years.

Canada signed the United Nations Convention on the Rights of the Child over a decade ago, yet there is still a lack of awareness about and provision for children’s rights. What are Canada’s obligations to children? How has Canada fallen short? Why is it so important to the future of Canadian society that children’s rights be met? Prompted by the gap between the promise of children’s rights and the reality of their continuing denial, Katherine Covell and R. Brian Howe call for changes to existing laws, policies and practices. Using the United Nations Convention on the Rights of the Child as their framework, the authors examine the continuing problems of child poverty, child care, child protection, youth justice and the suppression of children’s voices. They challenge us to move from seeing children as parental property to seeing children as independent bearers of rights. In The Challenge of Children’s Rights for Canada, Canada’s obligations and the rights of children are examined from the perspectives of research and development in the fields of developmental psychology, developmental neuroscience, law and family policy. This timely and accessible book will be of interest to academics, policy-makers and anyone who cares about children and about taking children’s rights seriously.

This volume provides an understanding of how systems of child protection evolve in disparate cultural, social and economic contexts. Using the former Soviet Union as a starting point, it examines how 13 countries have developed, defined and evolved their system of protecting children and providing services to families over the last 25 years since independence. The volume runs an uniform approach in each country and then traces the development of unique systems, contributing to the international understanding of child protection and welfare. This volume is a fascinating study for social scientists, social workers, policy makers with particular interest to those focusing on children, youth, and family issues alike as each chapter offers a clear and compelling view of the central changes, competing claims and guiding assumptions that have formed each countries individual approach to child protection and family services.

Completely revised and updated since publication of the first edition, this book takes account of the significant legislative and policy changes in the area of child care and includes a section on the developments in children's rights.

There is universal agreement that 'something must be done' about child abuse, that the legal and policy frameworks established for the protection of children are inadequate. Time and again this is brought home by cases that reveal major failures in the investigation and prosecution of child abuse suspects. There is much less clarity about what qualifies as child abuse and what should be done about it. Failings in the law are often invoked by politicians and the media at times of crisis, when a societal response is demanded. The presence of new legislation on the statute book or the creation of rules and protocols which professionals must follow is one socially acceptable sign that the problem has been recognized and that an effective response has been implemented. Are these ad hoc responses helpful? If not, what should be done to address the current weaknesses in the protection of children? This book looks across legal and geographical boundaries to consider the law and policy on child abuse. It examines the whole process of child protection, from complaint investigation to prosecution, and analyzes the legal disciplines of criminal, family, tort and evidence law as they bear on child abuse cases. Material is drawn from over 75 jurisdictions, including major empirical research in the UK, US, Canada, Australia and New Zealand. Throughout the book's focus is on achieving a coherent program for reforming the law and practices responsible for child protection. Its contribution to policy debates was recognized by the Judges of the 2008 Inner Temple Book Prize who, in awarding it the prize for outstanding legal scholarship, heralded it as a 'masterly book on a hugely important subject', one that will 'make an outstanding contribution to the formation and understanding of legal policy'.