Child Care and Protection Policies

Child care and protection policies regulate the care of children, including the type of support and assistance to be offered, good practice guidelines for the implementation of services, standards for care, and adequate provisions for implementation. They relate to the care a child receives at and away from home.

States and all organisations with child care programmes should have child care policies which are in line with national legislation and international law, e.g. the Convention on the Rights of the Child (CRC). In line with the CRC, emphasis should be placed on the child’s best interests, with support to families prioritised in order to prevent family separation. Good gatekeeping mechanisms are essential in ensuring families receive the services they need and are entitled to, and to guard against inappropriate placement into poor care arrangements.

Home-based care, day care, and other family support services are mechanisms for assisting families in providing for the child’s development and, when used appropriately, can prevent child separation. When a child is unable to remain at home, alternative forms of community based care should be prioritised, such as formal kinship care or foster care. The use of institutions should be highlighted as a last and temporary measure. All support and care provisions should outline the referral and admission process, the use of care plans, regular reviews, rehabilitation, and aftercare procedures.

Child protection legislation which recognises that abuse can be physical, emotional, sexual, or neglect, and may be carried out by parents, caretakers, children and other adults is required. All agencies working with children should have written child protection policies which respect the rights of the child. Policies should outline behaviours and actions which are unacceptable, provide standards for the appropriate care of children, and clear guidelines on what procedures to follow and by whom, including reporting mechanisms for suspected abuse to an assigned authority for investigation.

Child care and protection policies require resources and monitoring of standards to ensure their appropriate implementation. Adequate provision and training of child care and social work staff is required to deliver family support services and alternatives forms of child care. All staff working with children should be trained and supervised in providing appropriate care for children, identifying abuse, and responding appropriately.

The literature in this section contains country reports and examples of national and organisational child care and protection policies.

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Children First: National Guidance for the Protection and Welfare of Children

Department of Children and Youth Affairs - Minister for Children and Youth Affairs, 2017

This revised version of Children First: National Guidance for the Protection and Welfare of Children describes the four main types of abuse and sets out the steps which should be taken to ensure that the child or young person is protected from harm.

Action Plan for improving child care with the target of safely returning 30 per cent of children in residential care to their families 2016-2018

Ministry of Social Affairs, Veterans and Youth Rehabilitation - Kingdom of Cambodia, 2017

This Action Plan for improving child care, with the target of safely returning 30 per cent of children in residential care to their families 2016 - 2018, was developed to support the implementation of the Ministry of Social Affairs, Veterans and Youth Rehabilitation (MoSVY) Work Platform 2014–2018 and the Sub-Decree 119 on the Management of Residential Care Institutions, which was endorsed on 11 September 2015.

Child Welfare's Scarlet Letter: How a Prior Termination of Parental Rights Can Permanently Brand a Parent as Unfit

Vivek S. Sankaran - N.Y.U. Review of Law & Social Change, 2017

This article explores this practice, examines its origins, and discusses its constitutional inadequacies.

Disclosure of Confidential Child Abuse and Neglect Records

Child Welfare Information Gateway, 2017

This publication from the Child Welfare Information Gateway presents an overview of US state laws that designate the officials and entities that may have access to the confidential records of child abuse and neglect reports and investigations, the circumstances under which information may be disclosed, and the appropriate use of confidential information.

Study on alternative care community practices for children in Cambodia (Khmer Language)

Carolyn Hamilton, Kara Apland, Maurice Dunaiski and Elizabeth Yarrow - Coram Children’s Legal Centre, 2017

The ‘Study on Alternative Care Community Practices for Children in Cambodia, including Pagoda-based care’ (published in Khmer) is the first of its kind which sheds light on how different forms of alternative care are being used in the community.

Children Out of Parental Care in Russia: What We Can Learn from the Statistics

Biryukova Svetlana & Sinyavskaya Oxana - Journal of Social Policy Studies, 2017

The paper presents a detailed analysis of the Russian official statistics for orphans and children placed out of parental care.

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Our way: a generational strategy for Aboriginal and Torres Strait Islander children and families 2017–2037

Department of Communities, Child Safety and Disability Services - Government of Queensland, 2017

Our Way outlines a framework for transformational change that will occur over the next 20 years, representing a long-term commitment by government and the Aboriginal and Torres Strait Islander community to work together to improve the life outcomes of vulnerable Aboriginal and Torres Strait Islander children.

Action Plan for improving child care with the target of safely returning 30 per cent of children in residential care to their families 2016-2018 (Khmer)

Ministry of Social Affairs, Veterans and Youth Rehabilitation - Kingdom of Cambodia, 2017

Placing Children with Relatives: The Case for a Clear Rationale for Separate Foster Care Licensing Standards, Background Check Procedures, and Improved Relative Placement Statutes in Alaska

Courtney Lewis - Alaska Law Review, 2017

This Article argues that Alaska should adopt a threestep approach to achieve better outcomes based on the American Bar Association’s model licensing standards, which are narrowly tailored to evaluate whether a child should be placed with a relative.

Backward Progress Toward Reinstating Parental Rights

LaShanda Taylor Adams - N.Y.U. Review of Law and Social Change, 2017

This article examines the legal inadequacies of reinstatement statutes in the US which "often punish parents who opposed the termination of their parental rights and reward those who voluntarily signed relinquishments."