NCJ Number
48878
Journal
British Medical Journal Volume: 2 Issue: 6039 Dated: (OCTOBER 2, 1976) Pages: 775-776
Date Published
1976
Length
2 pages
Annotation
SOME OF THE FEATURES OF GREAT BRITAIN'S 1975 CHILDREN'S ACT RELATING TO CHILD ABUSE AND FOSTER CARE ARE DISCUSSED.
Abstract
THE MAIN THRUST OF THE 1975 CHILDREN'S ACT WHICH EMPHASIZES THE RIGHTS OF CHILDREN IS COMMENDED. IT IS NOTED, HOWEVER, THAT THE RIGHTS PROTECTED CAN ONLY BE REALIZED IF PEDIATRICIANS, SOCIAL WORKERS, AND LAWYERS COOPERATE TO IDENTIFY THE IMMEDIATE NEEDS OF PLAN FOR THE REMAINDER OF THE YOUTHS CHILDHOOD YEARS. IF A CARE ORDER IS SOUGHT IN THE COURTS, THE ACT PROVIDES THAT THE COURT MUST BE SATISFIED THAT PROPER DEVELOPMENT OF THE CHILD HAS BEEN AVOIDABLY NEGLECTED OR IMPAIRED. CONTEMPORARY DETAILED INSIGHTS INTO WHAT IS INVOLVED IN ADEQUATE CHILD DEVELOPMENT GIVE THE COURTS OBJECTIVE STANDARDS FOR MEASURING ABUSE, AND SCIENTIFIC TESTS FOR DETERMINING THE LEVEL OF DEVELOPMENT CAN PROVIDE THE COURTS WITH LEGITIMATE EVIDENCE TO DETERMINE WHETHER OR NOT ABUSE HAS OCCURRED. THE ACT'S INTENTION TO 'FIRST CONSIDER THE WELFARE OF THE CHILD' IS ALSO SHOWN TO APPLY TO FOSTER CARE. THE LAW PROVIDES THAT IF A CHILD HAS BEEN UNDER FOSTER FOR AT LEAST 5 YEARS, AND THE PARENTS APPLY TO HAVE THE CHILD RETURNED TO THEM, THE FOSTER PARENTS CAN APPLY TO THE COURT FOR A SHORT PERIOD OF 'FREEZE' DURING WHICH THE CHILD STAYS WITH THEM WHILE SOCIAL WORKERS ASSESS THE PROBLEM AND PREPARE THE CHILD FOR ANY CHANGE THAT MAY OCCUR. IT IS SUGGESTED THAT THE IMPLICATIONS OF 'CHILDREN'S RIGHTS' FOR 'PARENTS' RIGHTS' BE EXPLORED. (RCB)