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The Separation of Court and Hearing: the Childs Welfare - Research Paper Example

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The following paper aims to critically review the most distinctive feature of the Children’s Hearings system: That it differentiates between a criminal court and a welfare hearing for children whether their need is for compulsory supervision or guardianship…
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The Separation of Court and Hearing: the Childs Welfare
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Download file to see previous pages In April 1971 the Children’s Hearing system commenced activities, thus establishing a two-prong juvenile service approach: A Welfare hearing and a court Justice system that aimed to meet the needs of all children within the court system, regardless of their referral issue (Waterhouse & McGhee, 2002). Until this time, juvenile services did not differentiate between Welfare and Justice. During the 1950s and 1960s, Scottish educators, governments and social and health care workers promoted discourse into the poor methods society was using to interact and guide at-risk youth (Children’s Hearings Scotland, 2005-2006). The children’s courts at this time were inadequate to investigate intervene and monitor juvenile needs as the criminal system and welfare agency were one entity. The Committee chose to split the responsibilities across two separate organizations, and issues that required the action on behalf of the child’s welfare took place at a hearing separate to that of the criminal court. The System was incorporated into the Children’s (Scotland) Act, 1995. The Welfare Approach judges the needs of care and social protection of a child, taking into account the context of the child’s life at that time. The key criterion for this model is the child-centred orientation, and it is their well being and interests which are predominantly taken into account (Petch, 2006). The Welfare model is dynamic and in flux, developing with socio-educational changes as alternatives to punishment. Thus, the Welfare model endorses interest, investigation and reflection on the processes that explain the causes or needs those potentate anti-social behaviours. ...Download file to see next pagesRead More
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