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Formation of Policy Alternative Paper- Children Act 1989 Laura Giannone 004321864 SW 4710 Professor Bowers Due: 12/04/2013

Abstract This paper will cover the important aspects on the Children Act 1989 and the role that Child Welfare plays in this process. The safety of a child is the number one importance and it is critical that agencies take proper actions in making sure the child is in the best placing possible. The paper will discuss how this policy can improve in order to create a better tomorrow for children that are in need of safe well-being. I will also discuss some alternatives to this particular policy to help better provide a more successful outcome for children everywhere. Child welfare has come a long way to help and protect people; giving them the rights they deserve to live a happy and healthy life but are still in need of improvement. Over time societal views have changed but so have the policies that can help educate and better suit the child and their environment theyre in. To better provide and protect our children we need to continue becoming educated on these matters and more importantly, educating others around us that matter most in protecting these children. The number one aspect of

this paper is how we can better help the children of our world and best protect them as we feel fit.

The critical policy framework has encouraged a strategic reading of the actual and potential role of performance measurement in improving practice in a way that is aware of its limitations. Performance measurement can be adapted to a range of value positions, framing our understanding of issues and defining good practice. Policy framework as social workers will be something that is dealt with time and time again (Shaping Child Welfare Policy Via Performance Measurement). The child welfare system serves some of our nations most vulnerable and troubled children and families. The goal of child welfare services is to provide an array of prevention and intervention services to children and families, particularly children who have been or are at risk of abuse or neglect; children with special medical or mental health needs; delinquent children; and children who do not have adult caregivers. This system has been called by some experts as a combination of programs with efforts to prevent out-of-home placements, reunify families, and provide long-term care and solutions to families in need. Regardless of how it is characterized, the child welfare system is designed to support families and to protect children from harm. Historically, social workers have played a key role in the child welfare system by protecting children at

risk and supporting families in need (National Association of Social Workers, 2012). The current child protection system is based on the Children Act 1989, which was introduced in an effort to reform and clarify the existing plethora of laws affecting children (Safeguarding Children: Working Together Under the Children Act 2004; 2013). The purpose of this particular act is to provide

children with the best care possible, in hopes that they are able to be cared for within their own families (Safeguarding Children: Working Together Under the Children Act 2004; 2013). The Children Act 1989 gave every child the right to protection from abuse and exploitation and the right to inquiries to safeguard their welfare. Wales in 1991. The act came into place in England and

The cardinal principle of the Act is that the

welfare of the child is crucial when an issue concerning the upbringing of a child has to be decided by a court under this legislation (Policy guide: Children Act 1989 Amended 2004, 2013). The main principles underpinning the Children Act 1989 are that families are primarily responsible for raising their children, the state has a role in assisting families, and state powers should be exercised only when essential to protect a

child. These principles provide the basis for recurring policy directions and subsequent policy statements about how to provide child protection services: a broad range of services for children in need to prevent the risk of family breakdown; services provided in partnership with parents in preference to coercive intervention; defined state powers to balance the rights of parents and children; the notion of the state as a corporate parent looking after children away from home according to the same standards as other parents in the community; and assessment of children's needs within a developmental framework rather than concentrating on maltreatment (Shaping Child Welfare Policy Via Performance Measurement). Throughout the nation there are many countries struggling with concerns about the well-being of our children but many countrys concerns and views on the matter differ. There are many countries that have different beliefs and policies on child welfare and maltreatment and how they address the issues may vary compared to how the United States addresses particular issues. Within the United Kingdom of Great Britain and Northern Ireland, England and Wales is the component nation in which largely English law prevails. Childrens rights are not even addressed in Scotland or Northern Ireland. The common law in

England and Wales provides that the responsibility for the care and protection of children is solely with their parents, with the powers of a childs parents somewhat limited in certain areas by law. There are a number of practical pieces of legislation affecting children and their rights in a number of different areas. The most important piece affecting children and their basic rights to a secure and safe environment is the Children Act of 1989. This Act introduces the term parental responsibility rather than the common law concept of custody (Children Rights, 2012). Particularly in England the Children Act 1989 provides the legislative basis for services to children in need, of which maltreated children are a subset. Legislation and policy guidelines are set by central government, while service delivery is undertaken at the local government level by social services departments or contracted agencies. The welfare regime in England was also influenced by an ideological critique of the welfare state. This brought changes in arrangements for funding, providing, and monitoring services in line with the ideas of new public management (Foster Family Characteristics and Behavioral and Emotional problems of Foster Children: Practice Implications for Child Welfare, Family life Education, and Marriage and Family Therapy).

According to the Foster Care Manual in in Public Law 105-89, ASFA it clearly states, The basic premise of the legislation is that safety, permanency and child well-being must be the major concerns of child welfare. The act redefines reasonable effort and requires termination petitions depending on the circumstances. The act requires that permanency planning begins as soon as possible in the foster care case, with quality services being provided to families in a timely manner (Safeguarding Children: Working Together Under the Children Act 2004; 2013). According to the U.S. Department of Health and Human Services (2001), approximately 903,000 children were abused or neglected in 2001. Over half of these (fifty-seven percent)

were neglect cases, twenty-eight percent of the cases were children three years or younger, and about half were Caucasian (Rogers, A.t., 2006). The problems our nation is facing today

are the actual numbers of child maltreatment cases are difficult to determine, and it has been stated that there has been a minimal number of cases reported (Ashman, K.K., & Hull, G.H., 1993). Child abuse and neglect are defined by Federal and State laws. The Child Abuse Prevention and Treatment Act is the Federal legislation that provides minimum standards that States

must incorporate in their legal classifications of child abuse and neglect. The basis for government's intervention in child maltreatment is to take a role in protecting the interests of children and in intervening when parents fail to provide proper care (Child Abuse Law, 2012). It is easy to look at the policies listed above and critique all the faults that are in place that could be improved to better assist our children that are struggling within the system. A policy alternative to these policy faults is to implement change that would cover the lack of consistency and better educate the workers so they could advocate more sufficiently for their clients; this act would be called the Children Act 2013. One of the biggest problems that the Children Act 1989 lack is the number of Social Workers in the field and the level of knowledge they may have is particular areas in bettering their clients. The goal is to stop the cycle and gain more knowledge so that our workers can pass this on to better their families. In the general population, children who live in safe and stimulating environments seem to demonstrate fewer social and behavioral problems than do those who live in inadequate environments which is what we, as social workers would like to achieve.

Social workers can help maltreating families by coordinating their intervention efforts with those of other professionals who can also be used to help the family but in order to do so the system needs to expand on workers so there isnt such a lack of attention (Crosson-Tower, 2005). With support and assistance, workers have the opportunity to help improve the conduct that is performed by the maltreating child caregiver. Another acclamation that could be added to this policy is the requirements for state licensing. In order to improve care

and better protect our children we need to improve the requirements that are necessary to become licensed as a foster parent. We should eliminate poor physical environments, and kinship homes should be subjected to these same requirements. It is critical to take this process extremely serious and implement the importance of an adequate and stimulating environment for a child. More than 460,000 children are in the foster care system, most placed temporarily as a result of parental abuse or neglect. An estimated 30,000 of these children will leave care without a lasting family connection and will be at risk for considerable hardships throughout adulthood, which is something

that this policy would like to very much prevent (Casey Family Services). Social workers have the opportunity to advance policies and practices that will improve the status and well-being of all people. The goal of practice is to enhance and restore the psychological functioning of persons or to change the oppression or destructive social conditions that negatively affect the interaction between persons and their environments. The lives and social conditions of clients should be assessed in relation to their historical domain, environmental-structure, culture, family and individual level (Appleby, G. A., Colon, E., & Hamilton, J., 2001).

Reference

Appleby, G. A., Colon, E., & Hamilton, J. (2001). Diversity, oppression, and social functioning: person-in-environment assessment and intervention. Boston: Allyn and Bacon.

Ashman, K. K., & Hull, G. H. (1993). Understanding generalist practice. Chicago: Nelson-Hall Publishers. Casey Family Services. (n.d.). Casey Family Services. Retrieved November 21, 2013, from http://www.caseyfamilyservices.org Child Abuse Law. (n.d.). Find Lawyers, Laws, Legal Jobs HG.org. Retrieved October 18, 2013, from http://www.hg.org/child-abuse.html Children_Rights: International and National | Law Library of Congress. (n.d.). Library of Congress Home. Retrieved October 18, 2013, from http://www.loc.gov/law/help/childrights/index.php DHS - Policy Manuals. (n.d.). DHS - Policy Manuals. Retrieved October 24, 2013, from http://www.mi.gov/dhs/0,4562,7-1245455_61188---,00.htm. Forum on Child and Family Statistics. (n.d.). Americas Children in Brief: Key National Indicators of Well Being, 2012. Retrieved November 20, 2013, from

http://www.childstats.gov/pdf/ac2012/ac_12.pdf Foster Family Characteristics and Behavioral and Emotional problems of Foster Children: Practice Implications for Child Welfare, Family life Education, and Marriage and Family Therapy. (n.d.). ProQuest Research Library. Retrieved November 20, 2013, from http://search.proquest.com.proxy.lib.wayne.edu/pqrl/docview /213935107/142149EE3EE630A9F46/5?accountid=14925 National Association of Social Workers. (n.d.). National Association of Social Workers. Retrieved October 18, 2013, from http://www.socialworkers.org Policy guide: Children Act 1989 Amended 2004. (n.d.). Early years & childcare news & best practice. Retrieved October 24, 2013, from http://www.nurseryworld.co.uk/article/1172880/policy-guidechildren-act-1989-amended-2004 Rogers, A. T. (2006). Human Behavior in the Social Environment. New York, NY: McGraw-Hill. Safeguarding Children: Working Together Under the Children Act 2004. (n.d.). Children and Young People: Rights to Action. Retrieved October 18, 2013, from http://www.conwy.gov.uk/upload/public/attachments/328/safeg

uarding_children__english.pdf Shaping Child Welfare Policy Via Performance Measurement. (n.d.). ProQuest Research Library. Retrieved November 20, 2013, from http://search.proquest.com.proxy.lib.wayne.edu/pqrl/docview /213808222/142149EE3EE630A9F46/6?accountid=14925

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