Child Protection in Australia - Research Paper Example

Running Head: Child Protection in Australia Child Protection in Australia Customer’s Name: Customer’s Course: Tutor’s Name: June 15th, 2012 Contents Contents 2 Abstract 2 Background information 4 Introduction 5 Methodology 6 Literature Review 7 Statutory Regulation regarding Child Protection 7 Children’s View of Domestic Violence and CPS response to the issue 7 Social workers Response in Protecting abused mothers and Children 8 Public health approach as a Solution to Child Protection Issues 9 Statutory Responses through History 10 Findings/ Discussions 14 Specialist and researchers opinions 14 Women and children opinions 15 Conclusion 17 References 19 Abstract The system of statutory child protection has under gone and is still under going through difficulties in relation to overwhelming numbers of referrals of children who are affected either directly or indirectly by domestic violence. In particular, relating to efficacy, efficiency and effectiveness of this system and its response towards child protection of domestic violence in Australia. In this regard, the statutory child protection should protect all children who are subjected to, or who are susceptible to the above named violence under the title of domestic violence (AG, 2010-11). This paperwork discussion the extent to which the child protection in Australia has under gone radical changes as well as the effects to the children who are mistreated and those who are vulnerable. The literature review will provide sufficient details so that the answer can focus on the required information of the research paper. The main statistical data will be presented in the main body of this paper and will entail the extent of domestic violence directed to mostly children. In addition, the discussion will find how the child protection system has reacted to the research regarding the impact of domestic violence on children in Australia. Hence, the conclusions will encapsulate the finding and highlight the main points. Background information Domestic violence is a problem that is widespread and socially chronic not only among the Australian people but all over the world. Moreover, researches have indicated susceptibility increase to women and children who are living in poverty and areas that have various problems of inequality, discrimination and disability. However, young people and children can infrequently be protected from the awareness that domestic violence is happening. In this, the major concern to government responsibility is with respect to intervention in domestic violence involves both children and adults (Lisa et al, 2009). Children who are involved in any kind of abuse are therefore involved in a number of cases of legal child protection during whichever year. Again, the child may be the concentration of various announcements, examinations and justifications in whichever year. In addition, the children might get a combination of state intervention services such as protection or care and referral to exclusive services of family support. Contrary, the statutory child protection system has not improved the welfare and safety of women and children going through domestic violence to great extent. But most of the specialist services developed to react to children and women experiencing and escaping from domestic violence are voluntary. They are established only to specific principles of self-determination and women empowerment more so to women who are facing domestic violence. In these regards, voluntary services are taken to be more effective than government initiated protection services (Johnson & Sullivan, 2008). Currently, services of child protection in particular those related to domestic violence are less positive compared to evaluations in the sectors of specialist domestic violence. For that reason, children and women who are vulnerable to this kind of violence infrequently prefer legal child protection as the services of first choice. It is therefore important to fund the sector of community-based since it is a more valuable method of giving services of support to children suffering from domestic violence as compared to funding and channeling every resource into the legal sector. Introduction Triggered by growing evidence that the statutory children protection system in a number of Australian jurisdictions are in danger of being overwhelmed by referrals of children affected by domestic violence. On one hand, it indicates positive recognition that children are likely to be affected by domestic violence. On the other hand, this achievement has brought with it some unintended consequences which reflect that if the current practices are not limited, the statutory child protection system in Australia will lead to system failure (RA, n.d.). With constitutional child protection being the role of territory and state government, every territory and state department whose responsibility is to offer security should provide help to vulnerable children that in one way or another are being abused, neglected, harmed, or their care-takers are not in a position to provide enough care and protection. However, government and non-government organizations should have a common call of responsibility towards children and people who are susceptible. Moreover, relevant authorities and departments should inspect or supervise the management of cases regarding child protection (Humphreys & Absler, 2011). This help to vulnerable children should come through referral and provision of a wide variety of services and duties. Of recent years, researches have shown that the agency of responding to domestic violence by statutory of child protection have reduced compared to the agency portrayed by the sector of voluntary domestic violence. To confirm these claims, since 2009 to 2010 the actual number of children subjected to notification reduced by roughly thirteen percent i.e. from 187,314 -163, 767 in Australia (Irwin, Waugh & Wilkinson, 2002). On the other side and during the same period of time, the number of children who are subjected to substantiation of notification maintained. Moreover, during the same period the number of children who are under the care and protection raised by four percent i.e. from 37,730-39,058. Such increase was noted for the last five years increasing with 35% for example, from 28,954 in the year 2007. Finally, studies have indicated that the workers in child protective services and some policies have negatively affected both women and children. For example in a qualitative interview conducted to ‘battered’ women reviewed that most of them felt misunderstood and unsupported by their respective child protection services worker. They therefore claimed that these misunderstanding and lack of support affected them and their children. As a result, most of the children and women in such service tend to withdraw due to fear of those negative consequences. Methodology All of the information discussed in this paper is collected from previously done researches and case studies done to victims of domestic violence both women and children. However, some of the information comes from the child protection services and Australian government articles reports on the subject matter. The information is both in qualitative and quantitative data but due to the question at hand, we are going to concentrate more on the qualitative information. In particular, the study will involve some of the specialists and researchers opinions in this and general review in order to gather information concerning the significance of statutory child protection system (Lisa et al, 2009). When it comes to domestic violence, children and women are the most susceptible and most affected. It is therefore important to provide some of their insights about statutory child protection system response. This information from the specialist, researchers, children and women will provide us with information we need about the effectiveness of statutory child protection system. Finally, the information will be of great significance since it will provide a view on how the system has been successful in responding to the growing recognition of the impacts of domestic violence on children. Literature Review Statutory Regulation regarding Child Protection The Australian government has enacted various legislations to deal with the problem of child abuse. However, the presence of this legislation has had a small effect when it comes to protecting children from the abuse they are subjected to when their mothers are abused by spouses. Several publications by the Australian federal government agencies and the government of respective states have tried to outline the government policy as regards child protection. Australian legislation in various territories regarding child protection is geared towards protecting the best interest of a child. Children’s View of Domestic Violence and CPS response to the issue In the issue of whether violence against a mother can constitute an incident of child abuse has been under debate in various publications. Authors have used the response of children to domestic violence to show the negative effects of spousal abuse on children and to show the trauma associated with witnessing violence being perpetrated against their parents. Hanmer and Itzin (2000) bring out the painful memories of children who have been witnesses to the abuse their mothers have been subjected to by spouses. In one interview the author reconstructs the events of a child who kept changing his hiding place as his father battered his mother using a chair. Another child reports how horrible the sounds and cries their mother made when she was assaulted by their father were. The child also describes his helplessness at being unable to block the disturbing sounds. The interviews with the children in the work shows the painful experiences the children undergo as witnesses of the abuse perpetrated on their mothers. Children appreciate the response of Social workers even though they are concerned that their intervention may mean they have to be taken away from their home. Interviews in Hanmer and Itzin (2000) show how Social workers response to domestic violence cases positively affected the lives of children in these abusive relationships. One teenage girl expresses how a social worker helped her regain her confidence and win her trust by tactfully counseling the child over a period of time while avoiding talking about the incidents of violence directly. Social workers Response in Protecting abused mothers and Children Violence against spouses is closely associated with the abuse of children. When a child witnesses abuse of either of their parents by an intimate partners it has a long term negative effect on the child’s emotional stability. Case workers for abused women are responsible for ensuring women and their off springs are protected from abusive relationships. However, they have largely failed in their roles and are sometimes responsible for aggravating the emotional turmoil from an abusive relationship by mishandling the cases. According to Jonson (2003), the role Child Protection Workers play in responding to abuse of intimate partners in order to protect young children should have a positive influence. Jonson (2003) presents the findings of a survey of 20 women who had been involved in abusive relations and their experiences with Child Protection Service Workers (CPS). Jonson outlines three stereotypical beliefs that underpin the response of CPS workers in the spouse violence cases they are handling. These stereotypes are: a mother is all-sacrificing; a mother is all knowing and all-nurturing. Johnson views the issue of blaming mothers for the abuse occurring in relationship as the largest barrier in the protection of children by CPS workers. Humphrey and Absler (2011) propose an approach that unseats the belief that women stay in relationships instead of walking out therefore exposing their children to abuse. The authors also explore cultural beliefs that make men less responsible for the safety of children, but instead leave the burden with women. They accuse statutory responses to the issues of spouse abuse as being constructed by this view. However, they cautions against shifting blame from mother to CPS worker as a solution to the problem, urging that CPS workers cannot shoulder the magnitude of the domestic abuse problem. Hanmer and Itzin (2000) presents the fear abused women have of statutory social services agencies. Mothers avoid social workers thinking that they will take their children away from them. Jonson (2003) justifies this fear, crediting it to the hallowing experience mothers have to undergo as part of the response of social workers to abuse cases. Mothers are subjected to mental and drug tests by social workers even though they are the victims of domestic violence. Public health approach as a Solution to Child Protection Issues Scott (2002) takes current protection services as inadequate and unsustainable in the long term. The authors view reflects the actual situation on the ground and is also shared by other research on the issue of child maltreatment. The author urges against the social norm that viewed children as property rather than human beings who have equal rights in the society. The author cautions against the present system by using the adage of an overcrowded causality section in a hospital that may fail to save the lives of the most critical patients as those with minor problems are attended to first. Scott (2002) notes that statutory child protection services have a number of intrinsic problems that makes it lesser effective than a public health approach. First, a minor notification may overshadow the rescue of more threatened children. Secondly, the statutory framework only caters for children who are above the statutory recognized threshold for all types of abuse this leaves out children who are being abused but the maltreatment is below this threshold. Thirdly, cases of abuse of children placed under statutory care are common only making the situation worse. Moreover, statutory child protection is dependent on annual budgets from the state which may divert resources depending on economic conditions, in such eventualities mean children under statutory care will suffer. Finally, statutory child protection work environment is a highly demanding working environment meaning the welfare of workers in the state department is affected. Statutory Responses through History Statutory Child protection started out in New York in the 1870s through the efforts of the American Society for the Prevention of Cruelty to Animals (Jeffreys and Stevenson 1996). The society took up the case of Mary Ellen McCormick then under the care of an abusive foster mother. In 1870s, there were no laws for protecting children from abuse by those who cared for them in contrast there were already animal protection laws which the society used to argue that Mary was a “Human Animal” and her foster mother had no right to treat her in cruel manner as she was under protection by the animal cruelty law. The court agreed and imprisoned the foster mother and Mary was placed in an Orphanage. The above case shows how statutory responses were slow to respond to the needs of abused children having already placed animals under statutory protection from cruelty but denying children the same protection. In response to the needs of abused children the New York Society for the Prevention of Cruelty to Children (NYSPCC) was established in 1874 (NYPCC 2000). Through the efforts of the NYSPCC and other non-governmental organizations the Children’s Bureau was created under the Children’s Bureau Act of 1912. The Act created the first statutory body to deal with children protection issues. The Act followed research findings of the 1900 U.S. Census which discovered 18.3% per cent of American children were subjected to abusive child labor (Scott and Swain, 2002). In Australia, legislative responses to Child protection in Australia have followed similar trends in the US and the UK. Non-governmental children rights groups were first established in respective Australian states, they included the New South Wales Society for the Prevention of Cruelty to Children (NSWSPCC) in 1890, the Victorian Society for the Prevention of Cruelty to Children (VSPCC) in 1894, and the Western Australian Children's Protection Society in 1906 (CPSWA) (Liddell, 1993). The group reported and investigated the most acute incidents of child abuse with little regard for children emotional welfare. In the 1950s research indicated that institutionalized child care homes that were popular then offered children despicable standards of living. The research led to the government adopting smaller care units. In the 1960, Dr Henry Kempe conducted research that described the “battered-child syndrome” which shows that children could die from untreated physical injuries and suffered emotional problem due to abuse by care takers (Fogarty, 2008). In Australia, the Wurfel and Maxwell (1965) carried out a survey of the Adelaide Children’s Hospital to analyze the effect of abuse on 26 children. Research by other scientists and publicity by the mass media pressured the state governments to be more responsible for the welfare of children. These developments led to the establishment of child welfare departments in most of the Australian states. In the 1980s the family structure in Australia had evolved significantly and a large percentage of Australian families were single parent families, separated and divorced (Lonne et al, 2009). These developments led to the expansion of the definition of child abuse and made it harder for statutory protection of underage individuals to be effective. By the close of the decade neglecting children, subjecting them to mental distress, sexual abuse and physical abuse were recognized as child abuse under the law. Statutory provision now protected all persons under the age of 18 years from abuse and neglect (Lonne et al, 2009). However, the most significant challenge to child protection was in Victoria where the non-governmental organization could not obtain funds to continue rescuing abused children. The government took over these services but due the economic rationalization policy it was also unable to respond fully to the protection needs of children (Scott & Swain, 2002). In the 1990s, statutory child protection services were limited by government economic policy which meant the amount of money set aside for these services were low compared to other sectors of the economy (Harrington and Dubowitz, 1993). Economic rationalism meant that social services including child protection services were only considered after economic concerns like development of infrastructure. In this century, the approach to child protection became more legalistic and child protection services were geared towards reporting and responding to child protection issues where the only contact between authorities and families were the child protection services (Scott and Swain, 2002). Funding for statutory child protection services was also reduced leading to overwhelming demand for the services. The overwhelming of statutory services by the number of cases led to the adoption of new models of overseeing child protection services. The new models where aimed at making sure that statutory child protection services and those of family support groups worked towards the same goal of ensuring that the comprehensive welfare of children. The new approach meant that the states protection services were integrated with those of the social welfare initiatives. In the 21st century the approach to child protection has largely leaned towards a public health approach. A public health approach means that problems of child maltreatment are given a wider perspective than just relying on direct prevention and intervention (Scott 2006). The public health approach involves three levels of protection: primary protection, midstream prevention and tertiary intervention (Holzer & Bromfield, 2008). Primary protection is concerned with addressing social inequalities that contribute to an increasing risk of child abuse. In terms of children’s exposure to violence against spouses primary protection may be aimed at addressing such issues as alcoholism and work related stress. It also stresses the importance of strengthening institutions involved in public health works through funding and appropriate legislation. Secondary/midstream prevention is more focused on child protection than other levels of the public health approach (Holzer & Bromfield, 2008). It involves sensitizing neighborhoods on issues of child abuse through NGO and community based organizations. This is where the mandatory reporting laws apply and the public is supposed to be made aware of the various risk indicators that could lead to a possible child abuse report. The tertiary level involves direct intervention and reporting in child abuse cases. Activities at this level include supporting abused parents and children to recover from the trauma of maltreatment. Findings/ Discussions Specialist and researchers opinions The ethics behind the cost and effectiveness of notification and investigation are not the only issue when it comes to statutory and child protection. There are other issues which create barriers in developing and effective and sensitive child protection services. The specialist services developed mostly to respond to women and children either living with or/and escaping from domestic violence are voluntary as mentioned above (Irwin & Waugh, 2007). Again, most of these services were created to empower women more so those hocked in domestic violence. However, other services where developed thereafter which include specialist counseling and legal services. Any emerging child issue was feebly addressed and then it started attraction much interest from this sector. In recent years, the policies and other practices created focuses on importance of women and children services differently. In this relation, the wellbeing and safety of children is closely related to that of their mothers (Irwin, Waugh & Wilkinson, 2002). These services are aimed at supporting women in their decision-making and aptitude to regain their lives following the abuse of power by their partners or ex-partners. So, the evaluations done in this regards by women and children indicate that they are somehow satisfied with these services. Looking at the history of statutory of child protection, it is characterized by vague and tough policies. The larger community need to protect and guide both women and children from perpetrators of domestic violence goes back to 19th century (Humphreys & Absler, 2011). Therefore, the state government has intruded into people’s families with the aim of adaptation as opposed to protecting children and women from violence or any other form of abuse. This portrays a negative and shameful picture of the government. This acts as a reminder that the government interventions are no longer universal and they are surrounded with constrains hence mistrust by the community (Irwin, Waugh & Wilkinson, 2002). There is information that increasing numbers of child abuse referrals that cater for domestic violence, it appears that there is little response in addressing the issues. Again, despite the increasing links between domestic violence and child abuse having been established, the issues of domestic violence are addressed differently and treated less seriously which risk of harm as compared to other forms of abuses. The issue of taking way the children who have faced domestic violence does not come well mostly to women who are responsible to take care to them (Lauriers, 2007). Despite the fact that the actual number of children who have been taken away by the government is relatively small as compared to that which been notified, it is of great concern to women. Moreover, the fear associated with children been taken away is used by the perpetrators to report to the relevant authorities that the women responsible to take care of the children are neglecting them. On the parallel side of commanding role of statutory children protection in family undertakings is the statutory child protection supportive to the susceptible members of the family. The Burke’s perspective of reporting all children who are faced by domestic violence to statutory child protection poses a problem. This causes the first principle to supersede the second principle. Reporting which is a must calls for steps to be put in place by professionals with or without women opinions. For example, in many countries whenever a woman reports crisis of domestic violence, she is voluntary and effectively taking her child or children to statutory child protection services. Women and children opinions The following information illustrates the opinions of both women and children in relation to statutory child protection. Nevertheless, the required findings concentrate more on children response than the women response (AD & VC, 2007). The women are brought into the picture since children are in most cases not directly involved in domestic violence without a woman in the broader perspective. To start with, women worried about reporting the issues of domestic violence to the police because they felt that the police officers will not take the issue seriously. In fact, only 26% of the women who reported such issues found the police officers interested and helpful. In addition, women feared that by reporting the issues to the police or other relevant authorities, they will anger the abuser. In most cases then, women involve police or call for help when the abuser hurt the children (Hanmer & Itzin, 2000). However, most of the women would rather report domestic violence to health services providers than police if it only involves them without the children. Socially, women do not tell anyone about domestic violence because they fear being mocked. Education facilitators are the best suited people to report to when a child is suffering domestic violence. However, educators are not usually in the frontline when it comes to meeting and addressing the needs of children who have experienced domestic violence. It is therefore important for educators to address the issue in general i.e. as parts of the larger curriculum hence narrow it down to individual level. Another issue that makes women and children not report the issue to educators is the ignorance that educators only address issues relating to bulling and drug abuse (Irwin, Waugh & Wilkinson, 2002). Children do not tell anyone at school about domestic violence they are suffering is because they love school and while at school they enjoy. For mother who suffered domestic violence, they recommended that information be freely available in regard to the support for people experiencing domestic violence (RA, n.d.). They also called for counseling services which are easily available and accessible. Finally, mothers requested Australian government to support the children and women to deal with their experiences. The children interviewed commented that they would rather tell their peers about the domestic violence than an adult since children belief that adult and children think differently. In addition, children aired that the support should be accessible to them since they are unable to search for such support services. They also wanted private counseling sessions and domestic violence discussed in school and in youth centres. They also believe that leaving home to refuge home caused disturbance and confusion. Conclusion From the findings, it is evident that the systems of legal child protection have not significantly improved their services to cater for children and women suffering from domestic violence. It is also evident that most of the children and women prefer community-based voluntary services which promote safety and protection of children, empowerment and safety for women and accountability and responsibility of violence perpetrators. The study reviews that there are factors that are associated with women and children that make them not to report the issues of domestic violence to relevant authorities (Irwin & Waugh, 2007). The legal child protection services are reluctant in deploying precious resources and services to children and families affected by domestic violence. Furthermore, they are not fully advocating, accommodating, counselling and supporting children and women. There are no effective strategies to deal with the abusers (perpetrators) of domestic violence and the current services require further developments. The statutory child protection services requires a wide array of community based and universal services that are accessible and available to women and children who are susceptible to this kind of abuse. The marginalization of the family courts, unrealistic policies and policies services need to be addressed if and only if the child protection intervention for children affected by domestic violence is to be comprehensible (Hanmer & Itzin, 2000). Though many women and children suffering from domestic violence have access to health providers and educators, they don’t report the issues due to some factors and believes. Women choose to return to their abusing husbands even though they are in a position to support their families. In this case, policy makers of the children protection and practitioners work beyond bombast and take the issues seriously, the statutory child protection will not attract much action from the plaintiffs. Consequently, the statutory child protection which is one arm of the government should develop relevant training and risk assessment processes that account fort the specific needs of children and young people who live with domestic violence, young people, and effective services to children and women. It is therefore important for protection providers and organization to work collaboratively in order to pick the cues and react to domestic violence issues to end such views as put across by the plaintiffs (Humphreys & Absler, 2011). Finally, the questions surrounding domestic violence intervention are; do the interventions provide enough protection to women and children that make them feel safer? Should the plaintiffs go for legal services and abandon the voluntary ones. The current direction of statutory child protection is challenged with several factors and practices hence there should be alternative pathways to amend the negative impacts. 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