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Legislation to safeguard the welfare of children
Legislation to safeguard the welfare of children
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CASA are everyday citizens, who judges appoint to advocate for the safety and well-being of children who have been, removed from their homes due to parental abuse and neglect. They stand up for these children and change their lives. CASA volunteers have helped more than two million children find safe, permanent homes. The National CASA association is a network of 955 programs that are recruiting, training and supporting volunteers to represent the best interests of abused and neglected children in the courtroom and other settings.
The paper will focus on the laws, barriers that might prevent families from seeking out an organization such as CASA. Options that may decrease those barriers, philosophy on being a human service professional working with children and families, as well look at values, culture and biases.
First, we look at laws that influence the funding pertaining to CASA, according to the Advocacy Academy Manual (2009), in the seventies, the United States Congress became aware that the child welfare system was not adequately protecting children and their families. In seventy – four Child Abuse Prevention and Treatment Act (CAPTA) Public Law 93-247, amended in 1996, created the national center on child abuse and neglect, and earmarked federal funds for states to establish special programs for child victims of abuse or neglect. The law requires that states, have child abuse and neglect reporting laws, investigate reports of abuse and neglect, educate the public about abuse and neglect; provide a guardian ad litem to every abused or neglected child whose case results in a judicial proceeding(Advocacy Academy Manual, 2009).
As a CASA worker, there are other federal laws that have an impact on child abus...
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...th. Retrieved January 17, 2008 from www.afriprov.org/
http://www.casaforchildren.org/site/c.mtJSJ7MPIsE/b.5453887/k.7340/Organizational_Profile.htm
National Indian Child Welfare Association Retrieved July 17, 2011from
www.nicwa.org
The Indian Child Welfare Act and CASA/GAL Volunteers: Advocating for the Best Interests of Native Children Retrieved July 17, 2011from http://www.casanet.org/download/tribal-casa/0709_icwa_and_volunteer_0012.pdf
US Department of Health and Human Services Retrieved July 17, 2011from
www.acf.hhs.gov/programs/cb/pubs/ij_adopt/support.htm.
Wall, Mr Justice (1997) Strengthening Inter agency Links and Keeping Children in Focus. Workshop Papers, Department of Health, London. Retrieved July 17, 2011from http://web.ebscohost.com.lib.kaplan.edu/ehost/pdfviewer/pdfviewer?sid=ee2b0c8b-14c1-4277-afce-2e22cef92a4e%40sessionmgr10&vid=19&hid=119
While sitting at juvenile court, I never got a night’s sleep without waking to wonder if at least one decision I made that day had been the best for a child. It struck me that it might be possible to recruit and train volunteers to investigate a child’s case so they could provide a voice for the child in those proceedings, proceedings which could affect their whole lives.” -Judge David W. Soukup, Founder of CASA
The over-representation of Aboriginal children in the Canadian Child Welfare system is a growing and multifaceted issue rooted in a pervasive history of racism and colonization in Canada. Residential schools were established with the intent to force assimilation of Aboriginal people in Canada into European-Canadian society (Reimer, 2010, p. 22). Many Aboriginal children’s lives have been changed adversely by the development of residential schools, even for those who did not attend them. It is estimated that Aboriginal children “are 6-8 times more likely to be placed in foster care than non-Aboriginal children (Saskatchewan Child Welfare Review Panel, 2010, p. 2).” Reports have also indicated that First Nations registered Indian children make up the largest proportion of Aboriginal children entering child welfare care across Canada (Saskatchewan Child Welfare Review Panel, p. 2). Consequently, this has negatively impacted Aboriginal communities experience of and relationship with child welfare services across the country. It is visible that the over-representation of Aboriginal children in the child welfare system in Canada lies in the impact of the Canadian policy for Indian residential schools, which will be described throughout this paper.
The history of Indian Child Welfare Act derived from the need to address the problems with the removal of Indian children from their communities. Native American tribes identified the problem of Native American children being raised by non-native families when there were alarming numbers of children being removed from their h...
Copyright (c) 1999 West Virginia Law Review West Virgina Law Review, Winter, 1999, 102 W. Va. L. Rev. 477, 13457 words, STUDENT WORK: Changing the Law in Child Abuse and Neglect Proceedings: An Improvement on Improvement Periods?, Morgan E. Persinger
CAPTA focuses on the issue of child abuse and neglect within the U.S. CAPTA was one of the first major federal policies put into effect to address the issue of child abuse and neglect in the U.S. Prior to the development of this act, information is very limited on how child abuse really affected the children in the U.S. Within the first year of CAPTA 60,000 reports of child abuse and neglect were made and within a few years, these numbers had made a large jump to over a million reports in 1980. In 1990, 2 million reports were made, and in 2000, reports were somewhere around 3 million (CAPTA Reauthorization, 2016). In 2005 alone out of every 1000 children 12 children from birth to 18 had experienced some abuse and neglect. The 2005 report stated that 62.8 percent were cases of neglect, 16.6 percent were cases of physical abuse, 9.3 percent were cases of sexual abuse, 7.1 percent were cases of emotional, 2 percent were cases of medical neglect or abuse, and 14.3 percent were other situations of neglect or abuse. Overall that year 1,460 deaths were reported from child abuse and neglect (Goldman & Salus, 2003). But in 2010, 698,000 reports were confirmed of abuse and neglect, which is a dramatic decrease due to the policies
In 1974, the United States Congress passed an act that would provide the necessary laws and regulations that would protect those who have become victims of child abuse and neglect. According to this policy was meant to: “provide financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect” (CAPTA of 1974 P.L. 93-247). This law became known as Child Abuse Prevention and Treatment Act. The Child Abuse Prevention and Treatment Act was first amended in 1974 and became known as CAPTA. However, over the years CAPTA has been amended several times. When CAPTA was amended on June 25, 2003 it became part of the Keeping Children and Families Safe Act of 2003. The most recent amendment of the law was on December 1, 2010 (Public Law 108-36) (About CAPTA: A Legislative History). By definition, which was established in 1974, CAPTA is defined as “the physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of eighteen by a person who is responsible for the child’s welfare under circumstances which indicate tha...
The controversial issue of whether or not Child Protective Services are doing their jobs properly, has grabbed nationwide attention. Child Protective Services is the name of a government agency in many states of the United States whose mission is to respond to reports of child abuse and neglect. Some of these cases may include physical abuse, sexual abuse, and mental abuse (Wikipedia). The child welfare system is corrupted. The parents and guardians who are accused of abuse are automatically labeled as guilty and will have to prove their innocence; instead of being innocent until proven guilty.
"Native American Youth 101." Aspen Institue. Aspen Institues, 24 July 11. Web. 8 Apr. 2014.
Supreme Court Justice John Roberts once said, “It’s a sordid business this divvying us up by race.” (Will “Blood”). In 1978 an act was passed in congress to preserve Indian tribal populations; it allowed tribes to terminate adoptions and place Indian children in Indian homes. The Indian Child Welfare Act has many positive impacts, including the promotion of strong Native-American identity, but there are also drawbacks, such as the lack of concern for the children’s safety and how they’re used as pawns to keep the tribes intact, no matter what the cost is for the kids.
The history of Indian Child Welfare Act derived from the need to address the problems with the removal of Indian children from their communities. Native American tribes identified the problem of Native American children being raised by non-native families when there were alarming numbers of children being removed from their h...
Social services focus on sending kids away from abusive homes and jumping from one group home or institution to another instead of focusing on building families back up and solving the actual issue. A child can legally become uprooted from their home due to multiple things. The primary guardian has a drug problem, the living quarters obtain eviction, too many children in one group home, physical abuse, sexual abuse, neglect of any kid, incarceration, abandonment, truancy, death of primary guardian, voluntarily placed, the child continues to commit juvenile offenses or a runaway. Almost the majority of the latter listed can prevail placement in foster care. Instead of wasting another life in the failing system of foster care, child welfare can create programs to promote children’s rights.
Child welfare and family services: Policies and practices, USA: Parson Education Inc. Garbarino, J. (1992) The 'Secondary' of the 'Secondary' of the 'Secon Children and Families in the Social Environment, New York, NY: Walter De Gruyter, Inc. Walls, J. (2005). The 'Secondary' of the 'Secondary The Glass Castle, New York, NY: SCRIBNER.
All the benefits provided by CAPTA are important, but one highly important benefit CAPTA provides for infants and children is that all allegations of child abuse and neglect must be investigated to ensure the well-being and safety of every infant and child. After allegations of child abuse and neglect are reported an investigation is the next step in protecting every child. Another benefit of CAPTA for infants and children is that if the heart wrenching experience of child abuse or neglect occur the state CPS systems and private organizations are trained and prepared to provide treatment for the child. In a like manner, CAPTA provides benefits for women and families by providing support and services that address domestic violence. CAPTA also promotes family involvement in all aspects of a CPS case involving child abuse and neglect. The states benefit by the foundation that CAPTA sets regarding the functioning of CPS systems and in a financial aspect. CAPTA provides funding to “Support child abuse and prevention activities by funding discretionary grants to states and/or public or private agencies or organizations” (California Department of Child Services, 2011). Everyone benefits when CPS systems according to CAPTA policies, “The act’s sponsors meant to feature three important themes of CPS reform in these amendments, including encouraging the involvement of family members in a child welfare agency’s decisions process; promoting and enhancing COS collaboration with domestic violence services and substance abuse treatment programs, and increasing the use of differential response by states through the use of noninvestigative/nonaccusatory approach to responding to reports of child maltreatment” (American Bar Association,
The Open University (2011) K218 Working with children, young people and families, Learning guide 3 “A web of relationships” The Open University http://learn.ac.uk/mod/oucontent/view.php?id=604235&direct=1 (accessed 8/11/2011)
In response to this social issue, the first federal child welfare policy Child Abuse Prevention and Treatment Act (CAPTA) was signed into law by President Nixon in 1974. According to the United Nations Declaration on the Rights of the Child article 19, “all appropriate legislative, administrative, social and educational measure to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child” (Detrick, 1999). CAPTA governs Child Protective Services programs across the country supporting...