Protecting Children from Abuse - Assignment Example

Running Head: PROTECTING CHILDREN FROM ABUSE Name Course Instructor Date 1. Is this conduct acceptable? If not, explain why. This conduct is not acceptable since smacking and dragging a child on the sand pit by a carer inflicts harm on the child and it is therefore a form of child abuse. Workers in the care industry are required by their profession, legislation, policies and procedures to to safeguard the protection of young people through their work practices and this conduct by Sue is contrary to this requirement. This is a breach of duty of care on Sue’s part since she does something that she shouldn’t have done and her actions were not in any way child friendly or child safe. Susan was definitely not acting in the best interest of the child by smacking and dragging him across the sand pit. This action had negatively affected the child psychologically, physically and emotionally which are all clear indicators of risk of harm. By acting the way he acted, she failed to provide safe and responsible care for the child therefore breaching her duty of care by her negligent act which attracts legal action since she acted against legal policy and procedures. She may therefore be held personally responsible to some extent because this is something she shouldn’t have done and she was not expected to do. This act by Sue is also not acceptable nationally or internationally because it violates the Children, youth and families Act 2005 and the United Nations Convention on the Rights of the Child since these two are against capital punishment and they foster the protection of children from physical or emotional harm. 2. Identify at least (2) state Legislation Acts that relate to employer in this situation. (Victoria is the state ) Children, youth and families Act 2005- This act is responsible for the provision of community services in support of children and families, protection of children, and a continuation of the children’s court of Victoria among other purposes. This children’s Act outlines the duty of the employer to take great care when employing personnel to work in the care. This is because the recruitment of unqualified personnel can have dire consequences. It also outlines the steps that should be taken by an employer in case a child is physically or emotionally harmed by an employer as Sue did. This act is a manual for the employer on how to act in different scenarios that are likely to arise in a care. Children and Community Services Act 2004- This act is responsible for the protection of young people and children from abuse and supporting the children and their families when in crisis. Some of its objectives are; promoting the welfare of children, protection of children from exploitation by employers, provision of protection and care for children in circumstances where parents have failed to do so or they are simply unable, and supporting and acknowledging the roles of families and the community in safeguarding the wellbeing of children. Regulations that support the operations of this act include; approval of departmental foster carers, payment of carers for children under a protection order among many others. 3. Explain what your legal responsibilities as an employee are under this legislation. It is my legal obligation as an employee to answer any questions that the secretary may ask me regarding the allegations I filed against Sue. It is my legal responsibility to be aware of the laws, regulations and guidelines that regard my role towards supporting the protection of children. I must be aware of both the national and international laws that affect my jurisdiction. Despite being knowledgeable of the laws, I must comply with the lawful instructions, regulations and take due care in all my work activities by acting reasonably as expected by society and not hurting other people and not being negligent. My other legal responsibility is to apply work practices that are child focused; in order to uphold the rights of children to voluntarily participate in the decision making process that affects their lives where it is appropriate for their ages. This can be achieved through working in a way that is child safe, friendly and focused, upholding human rights of children, helping he children develop and realize their uttermost potential, safeguarding children rights, child-based communication and techniques for information gathering, making the best interests of the child a priority, and promoting a child centred belief that all children have the right to safely go through their childhoods into adulthood n a harm-free environment. Another legal responsibility is employing suitable communication and information gathering techniques when dealing with children. Gathering information from children requires sharp observation skills in order to be able to interpret important cues in a child’s behaviour. Effective communication with a child will be achieved through displaying the right posture and maintaining eye contact with the children to show them that I’m interested and care about what they have to say. Other verbal and non-verbal tactics I can apply are; encouragers, using appropriate facial expressions, giving the child ample time, appearing relaxed and using gestures. Other obligations include; Ensuring that the decisions reached and actions taken fall within my level of jurisdiction, within organizational protocol, policies and procedures, and legislative requirements, being as knowledgeable and skilled as required to be able to work effectively and efficiently. This knowledge and skills can be applied in areas such as detecting indicators of harm and risk, and the roles of other related parties and agencies in child protection. Another duty is maintaining confidentiality of client information and only releasing it on a need to know basis. Record the relevant circumstances that surrounded the risk of harm with accuracy and in accordance with the organization’s ethics, procedures and legal requirements. Another obligation is reporting the risk of harm indicators promptly and in accordance with organizational and statutory procedures. 4. What is the legal response of the Director/Owner in this situation? The director must make a decision and take action against Sue, he/she must also report the matter to a statutory authority if it has not yet been reported. In case he director decides to terminate Sue from employment he must also notify the secretary within 14 days. The director must also make a report to the secretary informing him/her of the allegation that a carer has physically abused a child within 7 days after he receives the news that sue dragged and smacked a child. He must include any reports made by the institution about the matter at hand. The director is also responsible for negligence of staff, meaning that any costs incurred will not be borne by Susan but by the whole organization. The director will be guilty of an offense if Sue is not a qualified carer. The director will also be held liable if he failed to develop clear policies and standards that provide clear guidelines for the workers to follow. He/She also ought to have written down clear job descriptions and the limits of all the workers in different scenarios. If he did so, he might be indemnified to some in case of a lawsuit since Sue will be personally responsible to some extent, but if he failed to do so, he stands a chance of being charged in case of a lawsuit since Sue will not be able to be held personally responsible but the organization as a whole. 5. Identify and briefly explain the International/National legislation that relates to this scenario that will guide your action. The international legislation relating to this scenario is from the United Nations Convention on the rights of the child, which Australia is a member. The convention focuses on the specific needs and rights of the child and expects all its member states to act in the best interests of children. One major legislation by this convention is that it forbids corporal punishment for children which seemed to be what Sue was doing. All member states of this convention are expected to act fast and ban all cruel and corporal punishment of children either at homes or in schools. Member states are therefore expected to take educational, administrative, legislative and social measures in a bid to protect children from physical and psychological harm. The reason why this legislation was put in place is because it trains children to use physical violence, instils hostility and rage in children, does not improve behavior, it is violent and unnecessary and it lowers self esteem. In Victoria, Australia where this incident took place, corporal punishment was banned in public government schools in 1985 and in private schools in 2006. This convention views children not as a property of their parents but as individuals with their own rights and therefore challenges its member states to have the best interest of the child as their key priorities. 6. Based on this legislation, what would be your immediate response to the child and the staff member involved. I would intervene by demanding that Sue stops the physical abuse immediately then go on to ask the child if he is hurt, and if so what place hurts then see if the child might require medical attention. I would then confront Sue and discuss the matter with her since what she just did was unlawful and inhumane. During the confrontation I would try to find out from her why she behaved the way she did. I would then document my observation then report the matter to the director or my supervisor depending on the protocol of the organization since if it went unmentioned, Sue might repeat this act in the future and harm other kids badly. While responding, I will keep in mind the legislative requirements, regulations and procedures and policies of the organization. 7. What would you document about this incident and where would it be stored? I would document what I observed and thought it was abuse or related to the indicators of risk of harm i.e. Susan drags a child from the sand pit across the yard, forcing the child into a sitting position and smacking him/her. Other details hat I would document are the name of the care service, my full names and contacts, the child’s full names and contacts and the language spoken by the child. I would also document the personal details of Sue such as full names, employment number and contacts. I would file the report with the reporting agency or the statutory authority depending on the care policy or the state law. I will however ens that the director of the care gets his own copy so that he can surrender it to the secretary when the time comes. I can also directly submit the report to the secretary if the director gives me a go-ahead. The secretary will then submit this report to the chief of police commissioner. Robbie: - “Mum was so angry with me and really hurt me. I cried. I didn’t really fall off the chair”. Me: I’m sure it was not your fault, It is not right for your mum to harm you in any way. How are you feeling today? How are the wounds? Robbie: My arms hurt a bit Me: I’m sorry, they will get better. Why do you think mum said you fell off the chair? Robbie: She told me that if people knew, they would take me away from her. Me: I know sometimes it might be hard to talk about things that happen to you, but I talk to a lot of children about things which are bothering them. It is always ok to talk to your teachers. Tell me everything about what happened as best as you can Robbie: When I told mum that my step dad had come with another lady in the house while she was at work, my step dad denied it and that is when mum got angry with me and started hitting me. Me: What did she use to hit you? Robbie: She used a cooking stick and it really hurt my elbows Me: Let me see your elbows. Where did this happen? Robbie: It happened in our house Me: When was that? Robbie: Last week on Wednesday right before dinner Me: Was there any other person in the house? Robbie: My step dad was there Me: What did your step dad do or say? Robbie: He just sat and watched saying that I was a bad kid and a liar Me: Has your mom ever hit you before or this was her first time? Robbie: She hits me every time I tell her something bad about my step dad. Like last month she really hit me and hurt my legs after I told her that my step dad had locked me out of the house, forcing me to go play like other kids when he came home with another woman Me: I’m so sorry, does your step dad ever hit you? Robbie: No, he just scolds me when mum is not around and threatens to hit me if I tell mum. I get scared when I’m left alone with him Me: Why do you think you get scared of being alone with him? Robbie: Because he is so mean and cold towards me Me: It's ok to feel scared and hurt at times, we all go through those emotions, I also do. I am glad you have told me what you are going through and I believe you. Have you talked to any other person about this? Robbie: No, I’m scared of what mum might do if she finds out. Me: Don’t be scared, you have done the correct thing by telling me. I will talk to good people who will do their best to make sure mum does not hurt you anymore. It is part of my work to let people who can assist know so that they can help protect you from being harmed any more. Is there anything else you want to say to me? Robbie: Please don’t tell my mummy, she will hit me hard if she finds out I told anyone Me: Don’t be scared, I will talk to people who are capable of helping mummy so that she can stop hurting you. Would you like that? Robbie: Yes, I will be happy if they help mummy to stop hurting me. Me: Would you like to come back to the playground and play with your friends? Robbie: Yes Me: Ok, let’s go to the playground. Checklist Yes No Assessor Comment Yes/No Did you use appropriate non-verbal responses to the child or young person by: Using warm and open body language Not showing shock or disbelief X X In responding verbally, did you tell the child or young person that: They were very brave to tell you They did the right thing by telling you They have done nothing wrong You believe them X X X X Were you careful not to: Say anything inappropriate/judgmental about the perpetrator? Make promises the you cannot keep X X Have you acknowledged the child’s fear in your response? X Have you supported the child to resume play or daily activities following the disclosure? X Assessor: Signature: Date AC /NC Read More