Discuss about the Law and Social Work for Domestic and Family Violence.
The term ‘child neglect and abuse’ are associated with domestic violence that are may be used to define any form of emotional, sexual or physical actions that have resulted in injury or harm to the child. It refers to the circumstances where there are protective issues associated with the child and the person responsible for causing such injury or neglect is a family member, parent or any other person who is responsible for taking care of the child. The Care and protection of Children Act 2007, governs the offences that are committed against children in Northern Territory. Domestic and Family Violence Act 2007 (NT) deals with domestic violence incidents committed against children within northern territory. In both cases, the child protection workers are obligated to provide an invaluable service to then children, communities and families. This essay discusses about the primary role of a child protection officer in ensuring protection to children subjected to any form of abuse within the Northern territory with respect to children in Darwin. The paper also highlights the strengths and shortcomings that are associated with the legislation in ensuring protection to children being subjected to domestic violence in Darwin.
The primary role of a child protection officer is to ensure safety of the child and safeguard them from any form of physical, emotional or sexual injury. In Australia, the child protection officer is statutorily obligated to respond to serious concerns regarding the safety and welfare of young people under the Care and protection of Children Act 2007 and other child protection legislations that are in force in different territories of the country. They are also responsible for reviewing and making necessary recommendations with respect to the care and supervising the children.
A child protection worker usually works with young people, families and children that are in vulnerable state or are under a crisis. One of the essential roles of the child protection officer is to develop and maintain strong relationship and cooperatively work with the other agencies in order to render services that fulfill the intricate and diverse needs of the vulnerable children and family (Nt.gov.au., 2018). Such diverse needs include education, criminal justice, mental health, housing and homelessness, domestic and family violence, aboriginal community services as well as refugee services, training and employment.
In Northern Territory, [section 4] of the Care and Protection of Children Act 2007 (NT) aims at promoting the welfare of children, which includes ensuring protection of the children from exploitation and harm thus, maximizing the opportunities for children to recognize their full potential. Under section [6] of the Act, any person who performs responsibilities under this statute must abide by principles set out under sections [7-12] of the Act.
However, in case of domestic violence committed against children within northern territory, the Domestic and Family Violence Act 2007 (NT) shall deal with such offences. In Darwin, the Greater Darwin Network against Domestic and Family Violence is responsible for reporting any suspected abuse or domestic violence incidents that has occurred against children and family.
The impact of the Child Protection Act 2007 and Domestic and Family Violence Act 2007 (NT) the towards safeguarding children subjected to neglect or abuse or domestic violence, particularly, by their parents or primary caregivers can be illustrated from the domestic violence to which children are subjected to in Darwin, Northern Territory. For instance, recently there have been reports of an incline in the child abuse, especially, in the form of domestic violences in Northern Territory. Most of the complaints involved neglect and emotional abuse.
Under Domestic and Family Violence Act, the court and the police may issue a Domestic Violence Order (DVO) to safeguard the person being subjected to such domestic violence. If a child is reported to be being subjected to domestic violence, the same must be reported to police or Department of Families and Children.
The Child Protection Act stipulates that any person who reasonably believes that any child below 18 years is likely to suffer exploitation or harm or has been a victim of a sexual offence in the context of special care relationship.
The statute thus, obligates a child protection officer to ensure that a child is treated with respect dignity and his decision-making as well as his privacy should be respected under section [9] of the Act. Further, the child protection officer must also ensure that a child protection officer must ensure best interests of the child (Klevens et al., 2015). The government, protection officer as well as other authorities while discharging their respective functions must consider the need to safeguard the children from any form of exploitation or harm under section [10] of the Act.
Further, [section 11] of the Act binds the protection officer to provide adequate information to the child while making any decision for the child in such a manner that its comprehensive to the child. The child must be provided with an opportunity to respond to the needs and wishes of the child as well while undertaking any decision on the behalf of such child. Under section [11(b)], such wishes and opinions of the child with respect to such decisions should be comprehended based on the understanding and maturity of the child
The statute has bound that representative organization, communities of Aboriginal people to play a significant role in assuring welfare of the Aboriginal children under [section 12] of the Act where the aboriginal child must be kept within close proximity to the community and family of the child. The legislative statutes must ensure that any decision made regarding the child for his or her best interest must take into account of the willingness and capacity of the family or parents of the child to exercise care towards such child. Besides, the physical, emotional, educational, spiritual as well as intellectual needs of the child should also be taken into consideration. The decision must be such that it does not have any adverse impact on the circumstances of the child (Hawkins & Knox, 2014).
The significance of the Child Protection Act 2007 lies in the fact that it purports to safeguard children who are not under any control of any parent or family and such child is or is likely to be engaged in conduct that might cause injury to the child or any other persons.
The primary objective of the legislation is to promote the welfare of the child and to act in the best interests of the child. This is stipulated under the provision of section [14] of the Act, which necessitates the workers working who are promoting the rights of the children to ensure the wellbeing of children (Saul, 2013). The concept of ‘wellbeing’ includes welfare of the emotional, physical and psychological wellbeing. This is because child abuse and child neglect may take place in the form of physical, psychological and emotional abuse or neglect.
In order to determine whether the child is subjected to any form of harm, a protection officer is required to identify whether any detrimental effect is caused to the child by any act, omission, or circumstances. According to section [15] of the Act, the detrimental effect includes failure to ensure emotional, psychological and physical wellbeing of the child, which impeded the psychological, physical and emotional development of the child as well. Any exposure of the child to physical violence or sexual exploitation/abuse of the child shall amount to a detrimental impact caused due to any act or omission (Ainsworth, 2013).
Section [16] of the Act defines ‘exploitation of child’ as sexual or any other forms of exploitation, sexual abuse or engagement of the child in any form of sexual nature, pornographic performance or prostitution. As a child protection officer, he must understand the need of a child to be provided with constant protection and care and identify such circumstances that would establish that a child requires protection.
Section [20] of the Act sets out four conditions that establish a child is in need of protection and care. Firstly, the child must have been suffering or is likely to suffer exploitation or harm due to any conduct or omission of the parents of the child. Secondly, the child is an abandoned child where none of his family member is capable or is willing to take his responsibility and provide care and protection to him.
Thirdly, the parents of the child are unwilling to take his or her responsibility or that they are dead. Fourthly, there is no one to exercise control over the child and he is engaged into any conduct that is likely to affect him or any other person, for instance involvement in criminal activities (Hart, 2011). The phrase ‘control over the child’ refers to the daily control and care of the child that is stipulated under section [21] of the Act. A person is said to exercise daily care and has a control over the child if such person exercises all the rights and powers as well as all the responsibilities of the child related to the day-to-day control and care of the child.
Any child suffering or is likely to suffer any injury or harm due to any form of exploitation must be identified and reported to safeguard the child from being affected due to such exploitations. The reporting obligations are statutorily obligated upon the protection officer or any other persons who are authorized to discharge functions under section [26] the Care and Protection of Children Act 2007. The statutory provision stipulates that any person who has reasonable grounds to believe that a child has been subjected to sexual offence or is likely to suffer from any exploitation and harm but such person does not report about such offence to a police officer, shall be held guilty of an offence under the child protection statute (Winter, 2011).
The person must report that he has reasonable grounds to believe that the child has been subjected to sexual abuse or that he has knowledge about any factual performance related to such offence (Sawrikar & Katz, 2014). The failure to make such reporting may hold the person liable for 200 penalty units. After a report is made to the police officers, the same is informed to the CEO. However, the person making such complaint shall be entitled to protection provided such person makes the report in good faith under section 27 of the Act. The reporting of the offence is mandatory as it will assist the child and provide him or her with protection and care.
Under section [35] of the Act, such information provided to the CEO shall lead to commencement of investigation to determine whether the child is need for protection. However, the CEO must believe that there are reasonable grounds that the child has been or is likely to be affected by any form of exploitation. Further, if it is established that the child is in need for protection and care the CEO may arrange on child-related services and funding of the services under section 44 of the Act.
Under [section 46] of the Act, any child who is residing with his or her parents but is subjected to exploitation caused by any conduct of the parents or any other conduct that is likely to cause him injury or harm, shall be entitled to be placed within temporary placement of a child. However, the temporary arrangement made for the child in need for protection shall be under the care of the CEO for 2 months.
Furthermore, the statute ensures that while making temporary arrangements the CEO shall consider that the parents must agree to enter into the arrangement and if the child is of 15 years of age, the consent of the child is necessary for such temporary arrangement (Winter, 2011). The CEO is required to exercise daily care and control of the child while he is placed within such temporary arrangement and may require the parents to contribute towards the maintenance of the child. However, at any given circumstances, the parents may request to return the child and terminate the arrangement.
In case, there have been concerns regarding the wellbeing of the child; the CEO may arrange for a mediation conference that must be organized for such child. Section [49] of the Act states that if the CEO believes that the wellbeing of the child is at stake, it may arrange such mediation conferences to settle the issues that impede the welfare of the child. The CEO must appoint a convenor with the approval from the parents of the child.
The statutes of the Child Protection and Care Act 2007 include statutory child protection services that are conducted by professionals who have acquired relevant degree and experience in their respective field. The statutory child protection encompasses three essential components of service provision, which includes three necessary steps intake, investigation, and case management (Ainsworth, 2013). Intake refers to office-based response where necessary reports regarding suspected maltreatment of children is received either by phone and the protection officer plays an important role in this aspect as he must identify whether such concerns amounts to a circumstances when it can be said that the child requires protection.
The intake workers shall determine whether the child is injured or is likely to be injured for which further investigations is to be carried out. While investigation is being carried out, the Protection officers are required to make direct contact with the family and obtain any relevant information about the conduct of the child, circumstances within which the child is brought up.
The statute has incorporated provisions that requires person with knowledge about the injury suffered by the child to report about the same before the police officers. Early intervention is necessary to ensure immediate safety of the child. Case management refers to the stage where discussion about the services and responses that would safeguard the child is made. A case is said to be closed only after the safety of the concerned individual child is secured.
However, despite the prevalence of various child protection statutes, there still exists certain limitations, which fails to ensure complete protection to the children who are likely to be affected due to child abuse/neglect. For instance, in section [35] of the Act a CEO shall only lead to commencement of investigation to determine whether the child is need for protection provided he has reasonable grounds to believe that the child is in danger. Here, if the Intake workers fail to identify the potential harm that is likely to affect the child, he shall be considered as one who does not need protection (Saul, 2013).
In Darwin, Northern Territory, most of the victims are reluctant to report about the abuse or neglect that are being inflicted upon them, in particular, the indigenous group of children. Further, the authorities often do not lodge the complaint when the indigenous people make complaints about the violence or torture that they been subjected to. Under such circumstances, child protection workers may lodge the complaint before the police officer and ensure under section [35] of the Act that complaint is made to the CEO. Meanwhile, the protection officer shall make temporary arrangements for the indigenous child victim ensuring his safety.
Under such circumstances, the harm is likely to jeopardize his life. Furthermore, in regards to the temporary arrangements that are to be made for the child to ensure their safety permits the parents of the child to terminate any such agreement and claim their child back. The parents may be the ones who are least concerned about the welfare of the child but pretends to be concerned about his welfare. This would likely cause harm to the child once he is taken outside the control and care of the CEO Officer by such parents.
In order to avert such impediments, it is necessary that innovative policy and approaches are introduced in the child protection sector to ensure that children are safeguarded from being exploited and are provided with care and protection that they deserve to lead a good healthy life.
References
Ainsworth, H. (2013). Australian child protection services: a game without end. International Journal of Social Welfare, 22.
Care and Protection of Children Act 2007
Hart, A. (2011). Child safety in Australian family law: responsibilities and challenges for social science experts in domestic violence cases. Australian Psychologist, 46.
Hawkins, C. A., & Knox, K. (2014). Educating for international social work: Human rights leadership. International Social Work, 57(3), 248-257.
Klevens, J., Barnett, S. B. L., Florence, C., & Moore, D. (2015). Exploring policies for the reduction of child physical abuse and neglect. Child abuse & neglect, 40, 1-11.
Nt.gov.au. (2018). Child abuse – NT.GOV.AU. [online] Available at: https://nt.gov.au/community/child-protection-and-care/child-abuse [Accessed 30 Apr. 2018].
Saul, B. (2013). Indefinite security detention and refugee children and families in Australia: international human rights law dimensions. Australian International Law, 20(1).
Sawrikar, P., & Katz, I. B. (2014). Recommendations for improving cultural competency when working with ethnic minority families in child protection systems in Australia. Child and Adolescent Social Work Journal, 31(5), 393-417.
Winter, K. (2011). The UNCRC and social workers’ relationships with young children. Child Abuse Review, 20.
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