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Overview of child protection
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Yes, there is a special relationship created when the state places a child in foster home. Since the child has been removed from the home and the parent or guardian is no longer able to take care of them. The state now has the responsibility of making sure they find someone who will be able to provide them the necessities that they need such as medical care, shelter and food. In this case Anthony Nicini voluntarily left the house and decide his own living arrangements. Being that Anthony was admitted to the hospital the police and DYFS became highly involved in his life. However, being that there was no evidence that Anthony was being mistreated at home. DYFS had no reason to step in and removed him from his permeant home. When the state places …show more content…
In the text, it talks about the DeShaney case and how the state did not have affirmative duty to protect because they had no evidence to believe that Joshua DeShaney as being abused by his father. However, I find it hard to come to terms with the outcome of the Deshaney situation. Being that Joshua father had an agreement to try improve his life style for the sake of not getting his son taken from him. Although DSS had a social worker on the case. There was no evidence that Joshua father was abusing him only speculations. The Court explained that “while the state may have been aware of the dangers Joshua faced it plays no part in their creation, nor did it do anything to render him any more vulnerable to them” ( Smithburn 471). Therefore, everything that happen to Joshua they could not be held accountable for. However, in the Nicini v. Morra the state had the right to intervene because Anthony was in the foster care system which is state regulated. I think that It was unfair for Joshua just because of an agreement between the family and the state. Since the social worker kept noticing more suspicious marks on Joshua, she had every right to go forward with the process to protect him from his father. However, she failed to do that which makes me question how far would she allow it to go before she would stand up and say something? I know that every situation is different but as a …show more content…
Therefore when Anthony was being sexually abused by Mr. Morra there was no claim against the state agency. The text also stated that “the Court recognized that in certain limited circumstance the Constitution impose upon the State affirmative duties (Smithburn 471). The State is only held liable when the victim takes the initiative to step in and blame the state and the agency for failing to protect them. The text talks about how there must be some form of a constitutional violation conduct must be demonstrated to hold the state liable for their wrong doings. From what the textbook sass there are two things to determine. The first is what level of conduct egregious enough to amount a constitutional violation and then whether there is a sufficient evidence that the case worker’s conduct rose to that level. Personally, I think that the court should be involved no matter what the circumstances may be. There is a lot to talk about child advocacy and doing right by children. There has been to many situations where kids are not getting the attention and treatment. The children of this country deserve the best and it our duty to
In Family Court there are steps in gaining certainty that the placement of a child is right for him/her. Whether it be non-kinship foster care or kinship foster care the agency will provide understanding to the family in placing the child in a safer environment would be the child best interest. This is determine by Family Court Act article 7 “Person in need of supervision” which concern the child 18 years of age in care. Under the act there are categories to determine if the child brought into care falling into the category of detention, secure detention facility,
No matter what age an individual is, society automatically deems a person to be an adult once they have a child. Unfortunately, Renee dealt with a lot of isolation, neglect, lack of emotional, physical, psychological support that would have helped her successfully transition into a new chapter in her life. Renee was treated like an independent and competent adult when in reality, she was in serious need of many support systems to educate and support her. As a social worker, Angie Martin’s actions within her practice created an ethical dilemma when she failed to maintain the best interest of her client, Jordan. Angie was expected to fulfill her role as a social worker by playing a vital role in coaching and educating Renee on how to care for Jordan. If there were frequent scheduled appointment in place, there would be enough evidence from Angie’s file on Jordan and Renee alone to decipher who should have been responsible for the death of Jordan. Frequent visits to the young mother and her child would have given Angie the opportunity to provide the courts with enough documentation to understand the case thoroughly to make a conviction, in needed, without dropping charges and dismissing the
For the purpose of the paper, I will summarize the facts and leading events of the case of Elenita L and Romer N. Fajota. As reading through this trial I discovered that judges don’t always make the right decision for families or individuals. Likely in this case it is presentably true. Elenita and Romer got married in June 2005 and have three minor children together. As their marriage progressed, in the beginning of the year 2006, Romero became physically violent against Elenita. Romer committed various acts of violence against her and stated in court that it continued “even while pregnant with their second child”. But however, from 2006 to 2008 the violence continued against Elenita and her children. As the domestic violence continued, Elenita filed a
...l now be given the power to interfere in cases where parents have failed in their duties towards the child. This is extremely important as it allows the State to intervene in cases where there has been a failure, which was difficult to do in the past. This new role of protecting children's rights is favourable as it will, hopefully, prevent any failure by the State to children in unacceptable circumstances/situation.
DYFS can put family and children into more danger, because of their lack of effort and consideration. Providing early services can avoid many things that they go through. DYFS is rare to put children in more danger because their job is to protect them and lead them into a better path however, it does happen. There was a case about a mother who lost her children’s custody because of DYFS and after the child was taken away and placed elsewhere, the child went through various abuse such as getting beaten, molested and rapped. The child was sexually abuse a couple of time and the agent who was responsible for the child failed to let the parent neither the department know. The chil...
To a certain extent I can agree to the Supreme Courts rule in who gets custody of the children. The mother of the two children did give them up without thinking of the consequences of her actions. The ICWA however has helped many people in their cases and selected rulings. Although we cannot reverse the past, there is still ways we can incorporate our support in correcting the way the system works.
Foster care has been around for many years and has evolved greatly throughout the years. America’s first foster child happened to be Benjamin Eaton in 1636 at the age of seven years old (NFPA 2012). This opened the nation’s eyes on an occurring issue with children. A minister, Charles Loring Brace started the free foster care home movement in 1856. Brace was a minister and directed the New York Children’s Aid Society (NFPA 2012). This was going toward the right direction with foster care and providing homes for these children. In the 1900s the first laws to prevent child abuse and neglect was issued. For example, the Social Security Act of 1935 was the first approved grants from the government for child welfare services (Facts on Kids in South Dakota 2007). In this following article it continues to explain various history about foster care in America. In the 1970s CAPTA--Child Abuse Prevention and Treatment Act became clear as far as what was expected and for investigations involving abuse or neglect. “CAPTA provides federal funding to states in support of prevention, assessment, investigation, prosecution, and treat...
The purpose of this study is to examine Desdemona and whether or not she has dependant personality disorder. Characterized by a clinging behavior and a fear of separation, this disorder usually emerges in early adulthood. If someone does have dependant personality disorder they urgently seek relationships or someone to rely on to the point that someone will not share opinions that seem unappealing (DSM, 675). Based on Desdemona’s actions and speech it is believed that she has dependant personality disorder.
In the United States there are approximately 397,000 children in out-of home care, within the last year there was about 640,000 children which spent at least some time in out-of-home care. More than 58,000 children living in foster care have had their biological parental rights permanently terminated (Children’s Rights, 2014). Due to the rising number of children in foster care and the growing concerns of the safety, permanency, and well-being of children and families, the Adoption and Safe Families Act of 1997 was signed into law. On November 19, 1997, President Bill Clinton signed the Adoption and Safe Families Act of 1997, to improve the safety of children, to promote adoption and other permanent homes for children who need them, and to support families (Child Welfare League of America). The Adoption and Safe Families Act also promotes adoption by offering incentive payments for States. During the FY of 1999-2003 the payment to states which had exceeded the average number of adoptions received $20 million (Child Welfare League of America). The ASFA improved the existing federal child welfare law to require that the child’s health and safety be a “paramount” concern in any efforts made by the state to preserve or reunify the child’s family, and to provide new assurances that children in foster care are safe (Shuman, 2004).
David suffered physical, mental, and emotional abuse from the age of four to 12-years-old. As his teachers and principal, neighbors, and even his maternal grandmother and father stand by and let the abuse happen, it makes me wonder what they could have done differently. For example, David’s father saw the abuse firsthand and he would try to intervene to help him out initially. David’s father was caught by the madness of his wife in calling him, ‘the boy’ and ‘It’. As much as his father tried to comfort David, he did not have the will to stand up against his wife. Another example, the maternal grandmother commented on bruises visible on David’s body and she did not take action to report her daughter for abusing her grandchild, David. Instead, David’s grandmother stated that she should stay out of it and let David’s mother raise her children as she saw fit. I believed the unreported instances observed by the public to be just as substantial a crime as the child abusers themselves. Also, the Department of Children and Social Services were contacted because of the alleged child abuse events that occurred previously; however, he was not taken from the home because the social worker of the agency sided with David’s mother. The social worker did not complete a thoroughly
Garrett Therolf said “Children in foster homes overseen by private agencies are one-third more likely to be physically, mentally, or sexually abused than children in homes overseen by the state” (qtd. in White). The debate on whether or not to privatize the foster care system is ongoing and is an excellent source for debate. While privatizing the foster care system does seem to have its advantages, such as the convenience, they are heavily outweighed by the many negative aspects of a privatized system. Privatizing the foster care system is an overall negative idea due to the fact that it turns desperate children into business pawns putting them at higher risk for many kinds of abuse. Privatization increases abuse and neglect among helpless
Foster care needs to be reformed, especially when it comes to private agencies. Many people seem to overlook the issues embedded within the foster care system; all it does is take care of children, right? Wrong. Private agencies pervert the system with the nightmares they create. Foster children already feel unwanted and neglected because of the abandonment from their birth parents; private agencies provide them with conditions that further solidify their disbelief of care and love. Money comes first in the eyes of these agencies, followed by the need of control. This “control” can easily become abuse. It would only be sensible for a higher authority to intervene and put an end to these profound
determination as to whether a child is safe or at risk of future harm and assess the need for services. The child welfare worker assigned to investigate the case failed to ensure the above.
Throughout this essay, the health, safety and welfare policy and practise that came about after the Victoria Climbie case will be reviewed and evaluated. After arriving in England in November 1991 from the Ivory Coast, eight-year old Victoria Climbie suffered abuse from her great-aunt, Marie-Therese Kouao, and her great-aunts partner. The anguish and eventual murder of Victoria in 2000 from hypothermia, caused by malnourishment and damp conditions, provoked ‘the most extensive investigation into the child protection system in British history’ as described by Batty (Macleod-Brudenell, 2004). The high media profiled incident exposed a clear lack of precision and communication between all professionals and agencies involved. This is shown by the fact that the mistreatment Victoria was suffering had gone unnoticed by the social services, police and NHS staff, who failed to make each other aware of the clear danger signs. Within the Lord Laming Inquiry into Victoria Climbie’s death (2003), it can be seen that some features recur time after time in child abuse cases; inadequate resources to meet demands, inexperience and lack of skill of individual social workers. In addition, it can also be seen that crucial procedures were evidently not being followed. The procedure that was established after this case included the recommendations made by Lord Laming such as the Green Paper of Every Child Matters (DfES, 2003) and the Children Act (DfES, 2004). These ensure that all children have the fundamental right to be protected from harm and abuse. In addition to this, it also certifies all adults who come into contact with children and families have a duty to safeguard and promote the welfare of children.
The sympathy of the government for mothers such as Khaila, trying to recover their parental rights has worn thin. Child abandonment is a serious offense and the children that suffer from such neglect face many psychological problems; if they are ever able to survive their circumstances. The abandonment and neglect of a child can result in serious criminal charges. One striking example is the case of seven month old Daniel Scott (Should We Take Away Their Kids?). Baby Daniel had been left for hours unattended and died of in a pool of his own blood. His mother, a crack addict left him in the care of his father to go on a six day crack binge. His father in turn, left him in his crib leaving the door of their Bronx tenement unlocked for any danger to afflict his unprotected son (Should We Take Away Their Kids?). The parents were later charged with manslaughter by negligence.