The Child Protection Act Essay Example

The Child Protection Act Essay Example

  • Pages: 4 (1002 words)
  • Published: January 5, 2018
  • Type: Essay

The child protection act is a legislation which was put in place to protect child from harm. So far in society it has worked well to protect children from many forms of violence but it has been discussed that there are many inadequacies and that it is in need of reform. This assignment will state what the protection order is and what it does, the problems arising with it and what changes can be made to improve it.

The old Legislation

The Child protection bill of 1998 is a legislation which states that a child is in need of protection if s/he is suffering harm, is at unacceptable risk of suffering harm and does not have a parent willing and able to protect them from harm. This includes situations where the child is at risk from his parents, from others inside the house where he lives, from others o

utside the house where he lives and from themself.

The current legislation

The current legislation is much like the old legislation except that there are some reforms that have been put into place. The Child protection Act of 1999 states that there are new rights of people reporting the suspected abuse and that there is a charter of rights for child care.

When an investigation is being conducted and the investigator believes that it is important that the child does not return home until the end of the investigation due to there being a threat of possible harm, three types of orders can be applied for. The Temporary assessment order, the Court Assessment order and Child protection order. In this assignment it is the Child protection order being discussed.

In Queensland Protection order

are made under state or territory laws that provide a quick method of obtaining legal protection from physical abuse, sexual abuse or psychological abuse. These may include threats to injure a person or damage property, physical violence and damage to property. There are also some forms of intimidation which includes persistent phone calls, verbal abuse, stalking, financial abuse and indecent behaviour.

To apply for a protection order an application must be made to the magistrate's court and can be made by the person being harassed, by a solicitor or friend or by a police officer.

The order may restrict the person who is creating the problem from speaking to the person, or seeing the person or being within a certain distance from the person.

As the name implies, the protection order is put in place to protect children although there are many problems arising with the current protection order.

Problems with the Child Protection Act

The current laws of the Child Protection Act today seem to be working fine. A survey was conducted with ten Males and ten Females answering questions to do with child abuse and child protection. The results from the survey showed that 80% of the public believed that the current laws relating to child protection were adequate. 15% were unsure and 5% said no. However 95% of those questioned agreed that although the law was fine, there were not enough Family Services members available to deal with all of the cases, and this is where the problems with the Child Protection Act lie.

A recent poll shoed that in Queensland the average rate of cases to officers available ranged from a minimum of 32 cases per officer

in Pine Rivers to a maximum of 100 cases per officer in Innisfail (Courier Mail 23/03/2000). With that number of abused children seeking help from that number of officers, it's not a wonder that there is talk of inadequacies.

The Child Protection Act was put in place to protect all children from harm, but with the limited number of Family Services members available, it is obvious that not all seeking council will find it. The reason for such a shortage in members is a shortage in funding. The Queensland Government is skimpy when it comes to funding centres for abused children in need of protection. "The Queensland Government has been spending 50% lees than any other state", replied Ms Jane Anderson, Executive director of the abused child trust, after being sent a letter questioning her on her opinions on Child protection. "The staffs at such facilities are under enormous amounts of pressure." She continued.

For all children to be saved and protected, certain reforms and changes need to be made.

Reform to the Child Protection Act

For the Child Protection Act to work as well in reality as it does in theory, certain changes need to be made. Those 95% which said that there was not enough funding or enough officers to deal with the cases, 80% of them answered that more funding should be made to aid this problem. This view was shared by Ms Anderson who concluded in her letter that, "Certain changes need to be made by the government to rectify these imperfections." This idea is sort after by the public and by professionals so in reality it needs to happen.

The Government needs to increase its

funding on Family services affairs and Family and Youth Services area officers in order to protect all children from harm. The situation where one officer had to deal with 100 cases should not have happened and should the government not commission adequate funding, this severe act of neglect will be allowed o continue if not worsen.

The Child Protection Act is a well written piece of legislation which details how children who are suffering abuse should be protected. The problem with the Child Protection Act is not in the way that it was written but in the way that it is executed. With non adequate funding there are not enough Family services officers to hep all of the children in need of protection. It is the public's opinion that children deserve to be protected and that more funding should be put in place to make sure they are. If the government doesn't provide funding, it is they who are causing the children harm in the way of neglect.

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Child Protection in the UK Essay

Child protection basically refers to the welfare and safety of a child by protecting them from bodily, emotional, neglect and sexual abuse. According to UNICEF, 2006, child protection refers to prevention and response to violence, abuse, as well as exploitation against children. These include child trafficking, commercial sexual exploitation, child labour, in addition to other destructive traditional practices like female genital mutilation (FGM) and marriage of children.

Children are subjected to violation of their rights all over the world, but despite of the extent, very few incidences are reported and under-recognized impediments to child development and survival besides being violations to basic human rights.

The convention on the rights of the child (1989), candidly elaborates children’s fundamental rights as encompassing “the right to be protected from economic exploitation and harmful work, from all forms of sexual exploitation and abuse, and from physical or mental violence. The law also ensuring that children will not be separated from their family against their will” (UNICEF, 2006, P.1).

The development of the child protection system in the United Kingdom has been distorted by two factors namely; the impact of media reporting and the way in which celebrated child abuse tragedies have been handled. This essay is geared towards discussing both sides of the coin concerning the two factors mentioned earlier and possible solutions to save the situation.

There are various agencies charged with the responsibility of child protection, for instance in Wales and England, the Department for Children Schools and Families (DCSF) gives statutory guidance to local authorities. In Northern Ireland, it is the department of health, social services, and public safety (DHSSPS) while in Scotland it is the Scottish government, which guides the local authorities.

These agencies have put in measures to ensure cooperation between the agencies through the safeguarding boards. For instance, in England and Wales, the local safeguarding children’s boards (LCSBs) guarantee that the main agencies charged with protecting children work efficiently and jointly in supporting and safeguarding children’s welfare locally (NSPCC, 2010, p.2). LSBCs are more effective as they replaced the non-statutory and core membership is outlined in the Children Act, 2004.

This body incorporates police, local authorities, and health bodies among others. In Northern Ireland, a multiagency ACPCs, (Area Child Protection Committees) is the central point for ensuring local cooperation to protect children who are specifically considered as facing a major harm. Currently reforms are underway to instill change in protection services that include establishing a statutory regional Safeguarding Board (SBNI).

In Scotland there are 30 local child protection committees (CPCs) charged with child protection systems in their relevant fields (NSPCC, 2010, p.4). They comprise representatives from diverse backgrounds like the police, local authorities, children services, voluntary sector, and health bodies. However, in Scotland no Safeguarding Boards have been introduced yet.

Looking at child protection in the UK at the local level, children’s services by local authority are in charge of planning and protection services for the children. In England, all children services’ authorities must have a children and a young people’s plan as per the Children Act 2004 in order to offer premeditated bearing to the entire services to children. They should also establish a trust for children that will oversee planning, commissioning, and adequate delivery of children’s services.

On 1 April 2010, a children’s trust board was established following a statutory direction. The director in charge of children’s services is proficiently answerable for services delivered by the children’s trust for example, social services, and education. In addition, an elected councilor is chosen as “lead member” for the services. The lea member, the director and LSCB are in charge of creating and putting into operation the child protection systems as well as policies for professionals who work with children (NSPCC, 2010, p.6).

Various laws that govern the child protection in the UK and this legislation paves way for prosecution of people accused of child harm or abuse. This legislation has been in existence since the 1880s; however, following a sequence of sophisticated deaths because of child abuse culminated into ensuing inquiries that have birthed the recent systems of child protection. A case in study is the first formal inquiry into a death of a child by the Curtis Committee in England, named Dennis O’Neill in 1945(Laming, 2003).

His foster father killed Dennis at the age of 12. However, Maria Colwell who died at the age of seven in 1973 is the wheel behind the founding of current child protection organization. There were further changes instigated by deaths of other children especially Jasmine Beckford who died at the age of four, in 1984(Laming, 2003).

Today, the legislative structure for child protection system in England and Wales is established in The Children Act 1989. In Northern Ireland the framework is instituted in the Children Order 1995, while in Scotland it is the Children Act (Scotland) 1995 (NSPCC, 2010, p.6). There have been several amendments to the Children Act 1989 following a legislation, which was fueled by the Lord Laming’s inquiry.

This was an inquiry into the death of an eight year old by the name of Victoria climbie back in 2000, which piloted the publishing of Every Child Matters (DfES, 2003) by the government (NSPCC, 2010, p.9). Later, the Children Act 2004 was established to provide a legal outline for the program. Although, it did not replace the Children Act 1989, it brought about radical changes to the system through which children’ services were planned in Wales and England: it became fully operational amid 2006 and 2008 (Munro, 2011).

The media in every society plays a great role in shaping the social aspect of that society. The media is a socialization agent whose importance cannot be overlooked. It changes the behavior of the people as well as their attitudes towards certain issues in the society.

Through the media, the aspects of the society that are inappropriate are easily demonstrated and therefore mechanisms of dealing with them come to place. When an issue becomes a highlight in the media it becomes a central focus for the whole society. This is the same impact that the media has on the child protection system in the U.K. The media reporting on child protection system have had both positive and negative effects. This has been evidenced in a number of child abuse cases reported before (Munro, 2011).

On a positive note, the media has been instrumental in enhancing awareness of the child protection issues, legal structures present in case of harm. They also expose cases where children have been exploited or abused. In addition, they advertise the toll free numbers in case of abuse as well as keeping all stakeholders like social workers and the government on their toes regarding children protection system.

It has informed on the need to report cases of child abuse and thus making it easier for the local authorities and the government to provide children protection services. To some extend it has steered public confidence in the UK protection system especially coverage on a successful delivery to an abused, exploited or neglected child. Through research and its extensive search for information, the media helps expose facts that are not available to the social workers or the local authorities (Galilee, 2007).

This can also be seen in the light of increased number of articles and journals tackling child abuse allowing increased coverage on the issues that concern child abuse. This information is valuable for the success of the child protection policy. The media also passes on very educational and helpful messages using adult fiction, children’s fiction as well as different features or editorials from the print and broadcast media (Ayre, 2001, p.880).

The media differentiates between normal and deviant behavior making it easy to understand child abuse. When some behaviors are exhibited, children may not be able to understand that it is wrong in the first place and that their rights are being violated. Through the media they can therefore differentiate what is abuse and what is not. On the same note, the media acts as a watchdog for the people to ensure that the provisions, for instance, of the Children Act are well adhered to.

It also reflects on the government and society’s failure in handling child abuse. The media will audaciously expose government’s failure in uncovering the death of an abused child. In addition, another child’s death resulting from abuse leads to revisiting of previous tragedies. This is good for holding everyone responsible (Goddard &Saunders, 2001).

However, various researchers have shown that media coverage on child protection in most instances does more harm than good. One of the key concerns is the portrayal of social workers and social work. Views from different individuals and researchers over the last thirty years have indicated that the media misrepresents social work and especially the press reporting by giving undue negative and biased reporting of social workers and social work.

Furthermore, a high percentage of reporting by the media on social work is on child welfare and abuse (Vallianatos, 2001). This has to some extend created hostility and mistrust towards the social workers as he service users feel that they are dealing with incompetent service providers. This further leads to a representative conclusion that the profession is unskilled in speaking to the outside world, moreover is equally apprehensive of journalists (Galilee, 2007).

An interesting feature is evidenced in relating the relationship between social work and newsworthiness. Most of the social work stories especially on child abuse are slow and generally do not meet the requirements of the news value. However, social work stories occupy headlines when there is a case of immense failure. For example in the Beckford inquiry as mush as the news qualified as news values, the image of social workers was put at stake (Elsley, 2010).

They were described as “naïve, susceptible, negligent, incompetent, and untrained besides being powerful, heartless bureaucrats” (Galilee, 2007). In the Cleveland sex abuse case the perspective on social workers were similarly described as incompetent and powerful bureaucrats. Additionally, they were depicted as indecisive when put together to handle a problem. The daily mirror on July, 6, 1988 described social workers for children as having “laid back attitude, lack of accountability, and being too easily susceptible to ‘trendy’ theories” (Galilee, 2007).

The case was also depicted as a dispute between the state’s dedication to look after children and parents’ responsibility to implement a corresponding paternalism. This has led to creation of mistrust in the system and deprofessionalization of social work.

During the three decades, other issues regarding the role of the media and child protection have also surfaced. It also emerged that melodramatic reporting of a string of fĂȘted child exploitation and abuse scandals specifically in England and Wales led to continual denigration in the media of the child welfare organizations considered blameworthy for those children’s’ deaths. The media has contributed to the conception of a climate of distrust, blame and fear which is seemingly rife in the area of child protection.

This is indicative of destructive alterations introduced into the child protection system following the self-protective reactions of pertinent authorities both locally and nationally to the mass media ambush (Ayre, 2001, p.881).

Despite the efforts to use more resources to enhance the intricacy, scope, and legislation of the child protection law, the public confidence has remained obstinately and frighteningly low. This is because of media coverage and handling of the previous tragedies. Those celebrated scandals called for a lot of public attention and increased response in both the broadcast and print media. Whereas this awareness created by the coverage had the potential to have a positive effect on child protection system; it did exactly the opposite.

This is because there emerged antagonistic public pillorying in the media over the child agencies involved (Ayre & Preston, 2010). There was also the publication of the in-depth recommendations following the involvement of the public inquiries into the cases made to the welfare agencies. A climate of blame has also prevailed to this effect. Either this is clearly evidenced in media reporting where it is the government or the child abuse professionals are to blame who turn the blame to the family. This has created more tension working against the protection system.

The urge for the journalists to sell news has driven them into constructing news with immediacy and tailoring drama in order to sell. This has led to a climate of fear, for example there is more coverage on sex abuse scandals. The media portrays sex abuse as coming from unknown assailants and not someone familiar to the child (Goddard &Saunders, 2001).

Moral panic therefore results from overdramatizing these activities to extreme events of sex rings, murder, and abduction of children into care by the social workers and thus over-sensitizing the underlying risks. This fear also extends to not only the public, but also the professional groups and policy makers (Ayre, 2001, p. 885).

Media coverage on child abuse or protection create a mistrust between the public, policy makers and politicians on one side and professionals dealing with child protection on the other. Substantial anxiety is brought forth in relationships through the adversarial nature of child protection system. Severally, child protection professionals have been described as “child stealers who steal sleeping children at night” in the media (Vallianatos, 2001).

They are seen as trusting individual with very liberal working ethics. This has worsened public confidence in the protection system. It is common knowledge that in the media “good news is no news” therefore there is no much regard is granted to the everyday successes of the agencies and the protecting system after a successful detection of abuse, and prevention of fatal injuries or even death.

The focus is to dwell on the failures in order to “produce” news. Although its not only the media will want to display a better image of child protection, those in the child welfare profession want a better image too.

Media reporting and the way previous cases on child abuse and resulting deaths has great an impact on the success of the child protection system in the United Kingdom. This has proven to be a tough fight for the government to win given the public perception, attitudes, and lack of confidence in the system.

The government has tried to deal with the previous cases with a considerable gravity (Boateng, 2003), for instance in Victoria Climbie’s case several changes were introduced in the legislation system better protection for the children.

This was also evidenced in the handling cases of Maria Colwel and Jasmine Beckford; which saw major changes on the Children Act 1989. Despite these measures the blame and lack of confidence still lurks. There is a need to understand that this is not entirely and exclusively the responsibility of the government and social workers (Parton, et.al 1997).

A more feasible solution to these perceptions is the need to emphasize that the family has the greatest role to play in child protection. The family comes in by primarily preventing the abuse and exploitation of children right under their noses, in their homes. Previous research and past cases indicate that close family members and neighbors perpetrate child abuse. As the primary socializing agent, the family has the responsibility of instilling the right morals on its members and teaching them what to do if abused even when the parents are not around.

They should also teach children to check out for early signs of any abuse. The family can also support the protection system by supporting the social workers when required to give any information regarding child welfare. They should also change the underlying perceptions as mapped by the media (Tunstill & Hughes 2006).

Social workers should change the way they handle the media concerning child abuse. There has been a “somewhat” a cold war between the two parties. As much as the media might misrepresent their work, they are not able to face the public (Colton, et.al, 2001). The media on the other hand should respect ethics governing their work and keep away from tailoring news to sell more and in the process creating fear, blame and mistrust among the public.

The media should also give information, which is not exaggerated and unnecessary emphasis on the failure of various stakeholders in this regard. It should stop overemphasizing on strangers or outsiders as the main perpetrators of violence, abuse against the children, and let them understand that people around them even among family members and friends can violate their rights (Ayre & Preston, 2010).

The government on the other hand should ensure that it enhances the image of the protection system. Its legislations should be geared towards enhancing the welfare of the children and not otherwise. For example, the NHS bill passed recently is set to jeopardise the child protection especially if misinterpreted.

Finally, the media, child abuse professionals, and the government should all avoid using child protection as means of enhancing their image at the expense of the children (Hetal, 2010). In addition, child protection should not be driven by the urge to get funding.

Reference List

Ayre, P. 2001, “Child protection and the media: lessons from the last three decades”, British journal of social work, vol. 31 no.1, pp. 887-901.

Ayre, P. & Preston-Shoot, M. 2010, Children’s Services at the Crossroads: A Critical Evaluation of Contemporary Policy for Practice , Russell House, Lyme Regis.

Boateng, P. 2003, Every Child Matters . Web.

Colton, M., Sanders, R. and Williams, M. 2001, An Introduction to Working with Children , Palgrave, Basingstoke.

Elsley, S. 2010, Media Coverage of Child Deaths in the UK: The impact of Baby P: A Case for Influence? Briefing No 8, Centre for UK-wide Learning in Child Protection , University of Edinburgh, London.

Galilee, J. 2007, 21 st century social work: Literature Review on Media Representations of Social Work and Social Workers . Web.

Goddard, C., Saunders, B 2001, Child abuse and the media : child abuse prevention . Web.

Hetal, P. 2010, A Guide to Social Workers, Palgrave, Basingstoke.

Laming, H. 2003, The Victoria Climbie Inquiry . Web.

Munro, E. 2011, The Munro Review of Child Protection: Final Report – A Child Centered System . Web.

NSPCC 2010, Child protection fact sheet . Web.

Parton, N., Thorpe, D. & Wattam, C. 1997, Child protection, Risk and the Moral Order , Macmillan, Basingstoke.

Tunstill, J., Aldgate, J., & Hughes, M. 2006, Improving Children’s Services Networks: Lessons from Family Centers , Jessica Kingsley, London.

UNICEF 2006, Child Protection Information Sheet: what is child protection? pg. 1-2. Web.

Vallianatos, C 2001, She puts social work in the news . Web.

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Thirty years on, has the Children Act changed family life for the better?

Politicians, social workers, parents and legal experts discuss whether the far-reaching act has been successful at putting children’s interests first

Virginia Bottomley, former health minister

Virginia Bottomley, former health minister

The Children Act was a culmination of many years’ preparation following dissatisfaction around children’s legislation. It brought together private and public law affecting children, and reinforced the principle that the welfare of the child must be paramount and their interests separately considered: this critical concept that children are not possessions. They actually have rights of their own.

At the time, it was described as the “most comprehensive and far-reaching reform of parliament in living memory”, a description I completely agree with. And it had cross-party support. Margaret Thatcher was the prime minister, but I recall even Jeremy Corbyn, at the time, had a word of praise for it. My role was to oversee the implementation of the legislation, including the training of social workers and the development of guidance. In my former life, I was chair of the juvenile court in Lambeth, I worked in a child guidance clinic and I was a trustee of the Children’s Society. So my preoccupation had been with children’s wellbeing. It was a key reason I came into parliament. To be the minister responsible for the implementation of an act I had so much confidence in was a real delight and extremely rewarding. One of my objectives was to promote understanding of the role of social workers. I used to say they were victims of ritualistic abuse. Either they were castigated for leaving children within the family so long or they were castigated for removing the children too fast, as in the Cleveland child abuse scandal . Achieving recognition that removing a child had to be a decision with many stakeholders – and that the social worker’s role was a particularly difficult one – was part of my message.

I think the rights of children need to continue to be argued for now. Children can’t speak for themselves and they don’t have a vote: their rights need to be reaffirmed by every new generation of politicians.

It’s easy to unconsciously turn a blind eye to child abuse and neglect. That’s why legislation like the Children Act has constantly to be reinforced.

Aynsley-Green, children’s commissioner for England, 2005-09

Al Aynsley-Green, Children’s commissioner for England, 2005-09

The act was seen at the time to be a major step forward in promoting the best interests of children.

It exposed the need for vulnerable children to be protected and heralded the development of the principles for the safeguarding of children that we now take for granted. But although legislation is critically important in setting benchmarks, fine words can be so easily hijacked by cuts in resources. Today, there is a lack of political and public will to put the needs of children, and especially their rights, at the heart of policy and practice.

The stark reality is that the outcomes overall for our children across health, social care, education, justice and poverty are some of the worst in the developed world - and, after ten years of austerity, are getting worse. There is increasing poverty and inequality alongside devastating cuts to public services. Why are so many children being failed on such a grand scale?

I am calling for a Royal Commission on Childhood to scope out the realities of the lives of children, especially those most vulnerable through disadvantage and disability.

Building local communities with resilient children at their heart should be the focus for a new Children Act. Sadly it is the nature of our current politics that these calls are likely to go unheeded.

Ruth Scotten, social worker and adoptive parent

Ruth Scotten, social worker and adoptive parent

The idea of putting children at the heart of legislation was good in theory but I don’t think it has been executed particularly well. My view is that children aren’t heard and they are not always at the centre of things.

This is due to a lack of resources to effectively implement the act. There is still an assumption that when you remove children from chaotic homes where parents are in difficulty, you are moving them on to a better life. However, that doesn’t always happen for children in care.

For example, local authorities are neglecting their duty to secure sufficient accommodation for looked-after children locally.

Some place children all over the country. Children who are removed from their parents may need the support they get from other relationships, either with people in their family or ex-foster carers, or friends and teachers they were at school with.

The trauma of being separated from everyone and everything they know affects their self-esteem, their identity, their sense of guilt – it creates the feeling: “I must be bad.” Despite my passion for social work and supporting families, I’ve struggled with the changes over the years. I think there’s an overriding focus on paperwork, with increased workloads that take away from spending time with children and families, and building relationships where real work and change can happen.

I adopted two siblings who I think would not have needed to be adopted if their birth mother had been supported. Children may be removed from their parents because of the risk of harm - but I don’t think there’s enough understanding of the risk of harm from separation and the long-term impact of that. For example, my daughter was removed on her birthday. That will always hang over her, every year. Unfortunately, my children didn’t have a good experience of foster care.

The impact of them being separated from her has been as detrimental as anything that could have happened to them if social services had worked with their birth mother – who is now in a good place, but at the time was not supported at all – to keep the family together.

Steve Walker, director of children’s services, Leeds city council

Steve Walker, director of children’s services, Leeds city council

I was a 30-year-old social worker when the act and its 12 volumes of guidance and regulation came in. It made clear that although children’s welfare has got to be the paramount consideration, we should not be interfering in the lives of families any more than we need to – and that children do best when we are able to keep them within their own family. These principles were all informed by research and it really shifted the balance of power.

But any legislation, no matter how strong, revolutionary and well-meaning it is, will be implemented within a context. And that context has changed over time. We have seen children’s services departments put under increased financial pressure because of reductions in funding to local authorities. As a result, our ability to implement some key parts of the act has become diminished.

The act didn’t introduce thresholds. It just talks about children in need. Most councils – Leeds is an exception – have created threshold criteria to manage demand – and, in my opinion, that has undermined the principles and the approach of the act.

In the past, there was a range of preventive and early intervention services, such as children’s centres, that supported families. Now, local authorities find it increasingly difficult to adhere to the values of the Children Act, due to financial constraints. For section 17 of the act, around children in need, to operate well, local authorities need to be well-funded but also – since the council doesn’t provide all the services in isolation – it’s equally important that health services, the police and schools are well-resourced too. Limiting resources has limited our ability to provide services and a support network to children in need, and that results in increased need for statutory intervention.

Cathy Ashley, chief executive, Family Rights Group

Cathy Ashley, chief executive, Family Rights Group

The Children Act is an example of how if you engage with the sector, draw on evidence and look at how problems can be addressed from all sides, it can result in extraordinarily robust legislation. When we have spoken to people involved in the care system – from parents and young people to carers, lawyers and social workers – we have found that no one is pushing for a major overhaul of the act, which is extraordinary 30 years on. The problem is the environment we are now working in is not consistent with the principles behind the act. Section 20, which is when a child goes into the care system with the voluntary agreement of the parent, was seen by legislators as a way of enabling children to be safely raised, where possible, within their families. What we now see is that these provisions of the act are too often viewed through the lens of child protection, not family support.

Since the case of Peter Connelly [Baby P], too often a culture of blame, shame and fear has permeated the system, affecting those working in it as well as the children and families reliant on it. To address this blame culture, we need to invest in family support services where, actually, effective support around the family could make a difference.

This is particularly important for child victims of domestic violence: increasingly, mothers are being blamed for failing to protect their child from the perpetrator.Statutory guidance related to the act also needs an overhaul. If a council thinks that a child shouldn’t be with their parents, it should initiate care proceedings. Instead, we know that sometimes, they misuse section 20 on parents who are very vulnerable, who agree for their child to go into care, or be placed with a potential adopter without understanding the long-term consequences, or having the benefit of legal advice. There are far more children now in kinship care than there were when the act was introduced and it doesn’t put in place a robust support network around these carers. There should also be greater emphasis on keeping siblings together. They should have the same presumption of contact with each other as they do with their parents, which the act doesn’t currently provide for.

Anonymous female

“Annie”, whose children were taken into care

The whole purpose of the act is to keep families together where it is safe to do so. It also specifies that parents should be given the support they need to care for their children. That didn’t happen for our family. Six years ago, my newborn son was removed from me when he was six days old. I hadn’t harmed my baby; he was removed on the likelihood he may suffer harm in my care.

Although 258 days later he was returned to me and his case subsequently closed, the trauma of that enforced separation has devastated my family. We will never get over it.

A previous set of care proceedings relating to my older children had shocked me into recognising the impact of my behaviours. I needed support and help to repair the damage I had done to them and myself. But the lack of resources because of local and national budget cuts has made accessing help when you’re struggling as a parent almost impossible.

The fact that there is virtually no family support out there has contributed to a loss of trust in social workers; families know that children’s services can’t offer much that really makes a difference when you’re struggling and, very often, trying to bring your children up while living in poverty.

Social workers also know they can’t offer services that might help to minimise the risks they see, and of course local authorities are terrified they will be blamed if a child is harmed, or worse. So, with no money to help at the preventive end, social workers have, understandably, decided they can’t take risks. And, inevitably, the number of children taken into care has risen sharply. The upshot is that across the country, primarily in poor communities, families are frightened. Confidence in the family courts is low. It’s a spiral that’s hard to get out of, but the only way to make a start is to return to the ethos of the Children Act: support whole families to learn how to safeguard their children themselves so that separation is truly a last resort.

Louise Tickle, journalist and campaigner

Louise Tickle, journalist and campaigner

The Children Act came into force on the day I turned 21. Anyone with the same birthdate would have spent their entire childhood under the previous mishmash of laws relating to the welfare of minors, and their entire adult life watching children grow up in a country which – under the explicit and much-praised terms of this act – prioritised children’s needs, and offered support as of right to their families. The act’s intention was that children across the UK should not just survive, but thrive. Whatever the excellent intentions of the legislation, as a journalist writing on social affairs and child protection, it is obvious that in recent years this has not been happening. The fragile gains made for some of the country’s most vulnerable children during successive Labour governments have been pretty comprehensively destroyed.

Last year, more than 4 million children in the UK were living in poverty – 30% of all children. That figure is projected to rise to more than 5 million by 2022 – hardly surprising given the government scrapped targets on reducing child poverty in 2015 just as austerity and benefit cuts struck families hard. Meanwhile, over the past five years, the number of children in care has soared. Today, so many children are in acute need of high-cost child protection intervention, that councils say they can no longer afford the early help envisaged by section 17 of the act. And so more families end up in crisis and more children end up in the vastly expensive and frequently unsatisfactory care of the state.

Social workers who want to support families are stressed to the point of fleeing the profession , and almost all say austerity has compromised their ability to do their jobs . Education cuts have bitten so deep that some state schools cannot afford to educate children for five days per week. Family incomes are so stretched that some pupils arrive at school hungry: not only do many headteachers now put on free lunch clubs in holidays, but teachers themselves regularly buy food for pupils from their own money. Earlier this year, parliament’s environmental audit committee was so concerned that children and families were undernourished that – in the UK, in 2019 – it recommended the appointment of a minister for hunger . Reporting on the misery, trauma and desperation that are the inevitable result of a society that does not value children, let alone their parents, I look back over the period of my adult life and see the Children Act as marking not a moment when children started to thrive better than they ever had before, but as a marker of what a principled, civilised society should be offering its youngest members – and does not.

Andrew McFarlane, president of the family division in the high court

Andrew McFarlane, president of the family division in the high court

The ethos and approach of the Children Act was, in 2002, extended to encompass adoption so that the entirety of the law relating to children from birth to adoption and beyond is encapsulated within these two complementary statutes, which, together, form one jurisprudential whole in terms of philosophy, principles and practice.

There is no clamour, not even a whisper, that the basic concepts of child law now need further reform. The architects of the legislation, and its draftsmen, simply got it right. That this is so has been, and continues to be, to the great benefit of the children and young people whose needs it was aimed to meet.

In holding that the Children Act is essentially sound and effective legislation, I am in no way closing my eyes to the manner in which the delivery of dispute resolution following parental separation often falls short or, worse, compounds the potential for harm. This, in my view, demonstrates the fact that the law can only go so far in resolving what are essentially relationship difficulties within families.

Anna Gupta, professor of social work, Royal Holloway, University of London

Anna Gupta, professor of social work, Royal Holloway, University of London

The Children Act is a highly respected piece of legislation that has stood the test of time. I don’t think changing the act would make much difference if the support families need isn’t available. That is not the issue here.

Obviously there’s an election coming up and I think things would be different under a Labour government. I’ve had a lot of discussions with ministers in the shadow cabinet. Certainly their value base and their philosophy would be much more in line with the original principles of the act. It provided a less intrusive and less expensive way to safeguard children.

Now we have a shortsighted approach to resourcing. It’s very expensive to keep children in care and go into court proceedings. There needs to be much more emphasis on building strength in communities and trying to support families – that would be much more cost-effective in the long run.

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Essay on Child Protection

Students are often asked to write an essay on Child Protection in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

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100 Words Essay on Child Protection

Understanding child protection.

Child protection refers to the safeguarding of children from harm. It involves measures and structures to prevent and respond to abuse, neglect, violence and exploitation affecting children.

Importance of Child Protection

Children are the future of our society. Protecting them ensures a safer, healthier, and happier world. Child protection helps them grow and develop without fear, promoting their mental and physical well-being.

Role of Society

Everyone has a role in child protection. Teachers, parents, and even children themselves can contribute. By being vigilant and reporting any signs of harm, we can keep children safe.

Child protection is a crucial element of a thriving society. It’s everyone’s responsibility to ensure the safety and well-being of children.

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250 Words Essay on Child Protection

Introduction.

Child protection refers to the safeguarding of children from violence, exploitation, abuse, and neglect. It’s a critical aspect of ensuring the holistic development of a child, enabling them to grow into well-rounded, healthy adults.

The Importance of Child Protection

Child protection is a fundamental human right, enshrined in the United Nations Convention on the Rights of the Child. It’s a vital prerequisite for the overall well-being of children and the future prosperity of societies. By protecting children, we not only ensure their physical and mental health but also contribute to the development of resilient, productive adults.

Challenges in Child Protection

Despite global efforts, child protection remains a significant challenge due to factors like poverty, social norms condoning harmful practices, and inadequate legal frameworks. Additionally, conflicts and crises exacerbate the vulnerability of children, making child protection even more critical.

The Role of Society in Child Protection

Society plays a crucial role in child protection. It’s the responsibility of every individual to report instances of child abuse and neglect. Schools and community organizations should implement child protection policies and provide safe environments for children.

In conclusion, child protection is a collective responsibility that requires concerted efforts from individuals, communities, and governments. It’s an investment in the future, ensuring that children grow into healthy, productive adults who can contribute positively to society.

500 Words Essay on Child Protection

Child protection refers to the safeguarding of children from violence, exploitation, abuse, and neglect. This is a global issue that requires the collective effort of individuals, communities, and governments. The importance of child protection cannot be overstated as it directly impacts the physical, emotional, and psychological development of children, shaping the adults they become.

The Scope of Child Protection

Child protection encompasses a wide range of issues. These include physical, sexual, and emotional abuse, neglect, exploitation such as child labor and child trafficking, and violence in the form of bullying or domestic violence. It is not limited to the home environment, but extends to schools, community spaces, and online platforms. With the advent of digital technology, children are now vulnerable to cyberbullying and online predators, expanding the scope of child protection.

Legislation and Policy Frameworks

Numerous international, national, and regional laws and policies have been implemented to protect children. The United Nations Convention on the Rights of the Child (UNCRC) is the most universally accepted set of standards for children’s rights. It provides a comprehensive framework for governments to develop legislation and policies focused on child protection. However, the effectiveness of these laws and policies varies significantly across different regions due to factors such as cultural norms, enforcement mechanisms, and economic resources.

The Role of Education

Education plays a crucial role in child protection. Schools should not only provide a safe environment but also equip children with the knowledge and skills to protect themselves. This includes teaching them about their rights, how to identify and report abuse, and how to navigate the digital world safely. Furthermore, education can break the cycle of abuse and exploitation by providing children with opportunities for a better future.

Community Involvement

Child protection is not solely the responsibility of the government or the education sector. The community plays a significant role in creating a safe environment for children. Community members can contribute by being vigilant, reporting suspected abuse, and supporting families in crisis. Community-based organizations can also provide resources and services to vulnerable children and their families.

Child protection is a complex issue that requires a comprehensive approach. It is not enough to merely have laws and policies in place. Effective child protection requires the active involvement of schools, communities, and each individual. It also requires addressing the root causes of child abuse and exploitation, such as poverty and societal norms. As future leaders, it is our responsibility to ensure that every child is protected and has the opportunity to thrive.

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Policy Analysis: Pain-capable Unborn Child Protection Act

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Children experience insidious forms of violence, exploitation and abuse. It happens in every country, and in the places children should be most protected – their homes, schools and communities. Violence against children can be physical, emotional or sexual. And in many cases, children suffer at the hands of the people they trust.

Children in humanitarian settings are especially vulnerable. During armed conflict, natural disasters and other emergencies, children may be forced to flee their homes, some torn from their families and exposed to exploitation and abuse along the way. They risk injury and death. They may be recruited by armed groups. Especially for girls and women, the threat of gender-based violence soars.

Harmful cultural practices pose another grave risk in various parts of the world. Hundreds of millions of girls have been subjected to child marriage and female genital mutilation – even though both are internationally recognized human rights violations.

No matter the circumstance, every child has the right to be protected from violence. Child protection systems connect children to vital social services and fair justice systems – starting at birth. They provide care to the most vulnerable, including children uprooted by conflict or disaster; victims of child labour or trafficking; and those who live with disabilities or in alternative care. Protecting children means protecting their physical and psychosocial needs to safeguard their futures. 

UNICEF works in more than 150 countries to protect children from violence, exploitation and abuse. We partner with governments, businesses, civil society organizations and communities to prevent all forms of violence against children and to support survivors. Our efforts strengthen child protection systems to help children access vital social services, from birth through adolescence.

During a humanitarian crisis, we provide leadership and coordination for all actors involved in the response. Our programming focuses on protecting children from explosive weapons and remnants of war; reunifying separated children with their families; releasing and reintegrating children associated with armed groups; preventing and addressing gender-based violence; and safeguarding children from sexual exploitation and abuse. We also work with United Nations partners to monitor and report grave violations of children’s rights in armed conflict.

Alongside communities, we accelerate the elimination of harmful practices, such as child marriage and female genital mutilation.

We also support governments with policy, legislation and regulatory frameworks that give more children access to social services and justice.

Throughout all we do, we listen to young people to ensure their needs drive our work.

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Child Protection and Safety in Practice

Introduction.

Children are society’s prospects and should be protected and nurtured accordingly, away from abuse and neglect. The Children Act (2004) legislation ensures that parents, families and communities receive fair, ethical and legal treatment of children to keep them free from abuse. According to (Dubowitz et al., 2011), a child s welfare can be affected by abuse and neglect in various ways, such as psychological difficulties that can cause educational problems, depression, and trouble maintaining relationships. Moreover, protecting children from maltreatment at an early year and educational setting can effectively safeguard the child’s health and development. Zeanah et al. (2018) state that safeguarding and promoting children’s welfare will result in taking action to ensure the best outcomes for all children. Thus, multi agencies join to share information and goals to intervene early in the children’s learning and achievements. Although multiagency has some benefits, it has its cons too, which inhibit collaborative working. Thus, individuals participating in multiagency work need skills and knowledge to be effective practitioners, such as good communicators (Munro,2019). This essay intends to expound on child protection, safety practices and how multiagency works.

Ways that child welfare can be affected by abuse and neglect

According to (Horwitz et al., 2011), child abuse and neglect are any actions that interfere with a child’s ability to learn, thrive, and grow in their environment. Child abuse relates to the physical, emotional or sexual exploitation by either parents, guardians or the community that is violent or threatening to the child. However, neglect is a form of child abuse that caregivers fail to provide basic needs such as proper shelter, health care, and emotional and safety needs. For example, emotional abuse such as yelling and humiliation will affect a child’s welfare as it will cause a lack of confidence, anger problems, conduct problems and underachievement. Moreover, neglect such as inadequate supervision can cause a child to use drugs, showing that the caregiver may not adequately care for the child. This will impact the child’s overall health and have psychological consequences that lead to high-risk behaviors.

ACE stands for the adverse childhood experiences that have potentially terrifying ordeals that occurred in their childhood. The experiences result in toxic stress due to frequent exposure to violence, abuse and neglect. According to (Jacobi et al.,2010), children that experience toxic stress in early life are at risk of adverse health effects such as mental illness, heart disease and unhealthy lifestyles. Moreover, toxic stress has more effects, such as weakening the developing brain, which later causes lifelong problems in learning behavior., It also leads to more physical illness and poor long-term health outcomes, such as alcoholism, cancer, obesity, and chronic obstructive pulmonary ddisease, amongothers. Gould et al. (2012) show that adults with low levels of parental warmth and affection and high levels of abuse have the highest health risk factors.

Contemporary society has also been the cause of abuse and neglect among children in the modern era. During the pandemic, there was an increase in child abuse as children were isolated in homes to contain the virus. It increased abuse as the signs were not noticeable to others due to stay-at-home orders. According to (Dubowitz et al., 2011), pandemics increased most parental stress and intrafamilial tension, leading to an increase in adverse childhood experiences such as domestic violence, abuse and neglect, causing aggression, depression and emotional problems in children. Moreover, an increase in the use of technology has led to cyberbullying and online threats that facilitate child abuse. For example, a child with access to online accounts who are abused online or given threats tends to be at risk of depression and thus have social interaction issues.

Safeguarding and child protection

The action, practices, and policies taken to protect children from abuse and maltreatment and promote their well-being are referred to as safeguarding. Child protection, on the other hand, is the action taken to protect children who are at risk of harm or are already experiencing significant harm. (Munro,2019) defines safeguarding as the prevention of harm, whereas child protection is the response to harm. It is important as it allows for intervention before the crisis and improves outcomes for those involved while considering the child’s best interests. Also, it allows child protection referrals to help those suffering from significant harm and prevent concerns from escalating. For example, NSPCC advocates against cruelty to children and that every child deserves to be protected. It sets out the policy, statutory guidance and legislation on how child protection works. In addition, local authorities play a lead role in safeguarding and protecting children, but everyone has a role when they come into contact with kids and families to protect them (Parton,2011). Moreover, voluntary organizations, faith groups and private sector providers are responsible for protecting and safeguarding children.

Some agencies, such as child protection services, are responsible for providing child protection and responding to reports of child abuse and neglect. (McFadden et al., 2015) state that the services link children to critical social services and just justice systems. For example, Birmingham’s local children safeguarding partnership objective is to support local agencies in a system where children are safeguarded and welfare promoted. Also, it provides safeguarding learning and development opportunities for professionals working with children and families. The right help and time framework ensures that the various needs are met such as universal, universal plus, additional and significant needs according to the situation involved.

The Children Act (2004) requires local governments to promote and protect the welfare of needy children by providing services that are appropriate to their needs. The child protection process takes place by sharing information, assessing if the child is likely to suffer serious harm, and determining the type of harm. Moreover, the child protection process is check on risk of harm, harm done due to the care they receive and then decide if the child needs a protection plan (Lambert et al., 2014). A child is in this specialist service to be served with emotional support and be helped to develop a family coping strategy while protecting children. As a result, children and young people who come into contact with the child safety system will be assisted by specialist services. It creates a legal obligation to protect children and young people in schools and colleges.

Multiagency working

Multiagency working is teamwork across organizations to deliver services to children with multiple needs. According to (Munro, 2019), It is an approach in which professionals from various agencies collaborate to find safeguarding solutions and provide support to those affected by abuse and neglect. It is important as it effectively addresses a wide range of risk factors while making a unique contribution to early intervention services (Zeanah et al.,2018). Although multiagency has its benefits, it faces some potential barriers, such as a lack of effective communication will lead to a lack of shared understanding making it easier to collaborate. Not promoting a multiagency approach will result in neglect, especially If an individual can make a poor decision, unlike in a shared working. For example, a stressed manager working with vulnerable kids will make a rush decision on where to send the child rather than researching it. It will make a practitioner more strained due to the overloaded work strain, which can be effectively handled in a multiagency environment.

An effective individual practitioner needs skills and ethical considerations in multiagency working. Effective practitioners should have good communication either between the parent and the child. Crittenden (2013) states that this will make it easy to work together and build trusting relationships as there is understanding while the procedure is keenly followed and is effective in direct work with families. Early help is support given to a family when a problem first appears in order to improve outcomes for children. It can help a child’s home and family life, as well as their academic performance and mental health. As a result, it is critical because it helps to reach the child’s full support while reducing the need for a referral to child protection services (Parton,2011). It is effectively accomplished by working together through monitoring programs to respond to the various levels of need that children and families may face.

A social worker can be involved in early help to undertake as the lead practitioner. They assist families and children by improving well-being and assisting in meeting all people’s basic and complex needs, with a focus on those who are vulnerable, oppressed, and living in poverty. (Jacobi et al., 2010). A social worker helps by recommending other professionals to provide services and assistance that best fits their situation. For example, a social worker can partner with different support agencies to ensure care is taken and provide coping strategies. The Children Act (2004) legislation safeguards vulnerable groups, and their policy is to avoid harm and risk of harm while protecting children from maltreatment.

 Keeping children safe within Early Years and Education Settings

The Early Help Agenda safeguards a child who has been identified as experiencing or at risk of experiencing significant harm as a result of abuse or neglect. It supports practitioners as they can spot safeguarding issues because of their close contact with the children and adolescents in their care (Lambert et al., 2014). Moreover, it supports practitioners in working effectively with children and families. It provides an understanding of the child’s day-to-day needs while stimulating their physical, educational and emotional development to ensure the child is protected and safeguarded. It is important as it helps them cope with their day-to-day pressures while working on a collaborative approach to protect them from abuse.

The guidance says to promote children’s well-being working together per the Children Act (2004) in early years and in an educational setting to safeguard and protect the child. This guidance shows that the services offered, such as social services, are free to ensure children are safe in their early years and in school. The role is to identify any abuse on a child, analyze and listen carefully to the abuse, involve a practitioner early to ensure that the child is safeguarded and protected and ensure that their early years and educational setting are safe.

DSL, the designated safeguarding lead, is present in every organization dealing with children’s needs. Their role is to ensure that child protection files are kept up to date and are confidential and stored securely. Also, the person is responsible for child protection and safeguarding across early-year school settings by gathering evidence for any referral. According to (McFadden et al., 2015), a DSL’s role is to assist staff members in carrying out their safeguarding responsibilities and to maintain close contact with social services for children and other services. Moreover, DSL ought to be familiar with the local authority’s safeguarding procedures to ensure safeguarding policy and child protection are met.

Providing curriculum links to educate children about keeping themselves safe is essential to keep children safe in their early years and educational setting. According to (Jacobi et al., 2010), simple support programs for children and parents can be the best way to prevent abuse. Having after-school activities for education helps children to know their rights and thus makes them less likely to think abuse is their fault and more likely to report the offender. Moreover, knowing child abuse and its signs can effectively help keep children safe as it will be easier to recognize and provide early help to the children and improve their lives.

Case study review

The predisposing factors for abuse and neglect may include family crisis, family isolation and inadequate parenting skills. In the case study, moving caused the imprisonment of John, having limited contact with members and Casey has inadequate parenting skills according to how she responds to issues regarding the kids. These factors affect how the kids respond and react to others. The level of need depends on the right time; the right help framework is an additional need. In the case study, the children and the family need substantial support, but it can be managed without social intervention. This family needs food parcel support as Claire struggles to pay the bills. Furthermore, difficulty in controlling behavior where Noah’s behavior is outrageous; this can be supported by the child on specific learning programs to determine and help the child from abuse or neglect.

The professional practitioner can help by partnering with other agencies to ensure the necessary support is met for the children. Working together as a family with the help of a professional can allow identification of the problem and provide a solution at an early stage (Munro,2019). Thus, the role of the practitioner is to be present and offer comfort to the children. For example, in Noah’s case, a practitioner can offer emotional and loving support when acting out rather than distracting them. The strategy can be behavioral therapy for a parent to improve coping skills and strengthen the parent-child relationship while using a positive discipline strategy to avoid abuse and ensure no neglect of the kids. Moreover, having a DSL, according to the children act (2004), will endure that the necessary steps are taken to protect and support children while providing a point of contact between child protection policies where necessary (Parton,2011).

Social workers, child psychologists and academic staff are some of the professionals that could be involved. A social worker will ensure that the family is kept together and doing the best for the family. In contrast, academic staff will ensure a clear understanding of stages of development and recognize signs of abuse or neglect (Crittenden,2013). The professionals are majorly involved as they ensure the child’s welfare and protection in the home setting while preventing and reporting cases of abuse. The psychologist will help deal with the children’s emotional, social and intellectual development. These professionals contribute to the concrete support of the need and emotional competencies of the children.

A family hub can be involved to support the family and children in an early setting to get help in the appropriate manner and at the right time. In the case study, family circumstances have changed, causing challenges. As children develop, the family may require additional and joined-up support services to help with the change in environment for both eth family and children. It will help the practitioners to improve the quality of a child’s home and perform better while supporting their mental health.

 Conclusion

in conclusion, a child’s welfare is critical in the early years, and thus abuse and neglect can lead to factors such as depression and emotional and social instability. There are various ways that a child can be affected by abuse and neglect, such as toxic stress. Current stances, such as the pandemic or the influence of the modern era, may accelerate this factor. With this, safeguarding and child protection is essential as it is necessary to ensure every child is safe and the right level of need is offered to provide for the child. Also, specialist services may be offered to support children facing significant harm or those affected. A multiagency working can facilitate it to ensure collaboration, covering, and setting a high ground to prevent abuse. Also, keeping children safe at an early year and providing early help is essential.

Crittenden, P., 2013.  Raising parents: Attachment, parenting and child safety . Routledge. https://www.taylorfrancis.com/books/mono/10.4324/9780203069776/raising-parents-patricia-crittenden

Dubowitz, H., Kim, J., Black, M.M., Weisbart, C., Semiatin, J. and Magder, L.S., 2011. Identifying children at high risk for a child maltreatment report.  Child abuse & neglect ,  35 (2), pp.96-104. https://www.sciencedirect.com/science/article/abs/pii/S0145213411000135

Gould, F., Clarke, J., Heim, C., Harvey, P.D., Majer, M. and Nemeroff, C.B., 2012. The effects of child abuse and neglect on cognitive functioning in adulthood.  Journal of psychiatric research ,  46 (4), pp.500-506. https://www.sciencedirect.com/science/article/abs/pii/S0022395612000064

Horwitz, S.M., Hurlburt, M.S., Cohen, S.D., Zhang, J. and Landsverk, J., 2011. Predictors of placement for children who initially remained in their homes after an investigation for abuse or neglect.  Child Abuse & Neglect ,  35 (3), pp.188-198. https://www.sciencedirect.com/science/article/abs/pii/S0145213411000536

Jacobi, G., Dettmeyer, R., Banaschak, S., Brosig, B. and Herrmann, B., 2010. Child abuse and neglect: diagnosis and management.  Deutsches Arzteblatt International ,  107 (13), p.231. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2855177/

Lambert, R., Abbott-Shim, M. and Sibley, A., 2014. Evaluating the quality of early childhood educational settings. In  Handbook of research on the education of young children  (pp. 475-494). Routledge. https://www.taylorfrancis.com/chapters/edit/10.4324/9781315045511-37/evaluating-quality-early-childhood-educational-settings-richard-lambert-martha-abbott-shim-annette Sibley

McFadden, P., Campbell, A. and Taylor, B., 2015. Resilience and burnout in child protection social work: Individual and organizational themes from a systematic literature review. The British Journal of Social Work ,  45 (5), pp.1546-1563. https://academic.oup.com/bjsw/article-abstract/45/5/1546/1622707

Munro, E., 2019.  Effective child protection . Sage. https://books.google.co.ke/books?hl=en&lr=&id=Z8m1DwAAQBAJ&oi=fnd&pg=PP1&dq=child+safety+and+multi+agency+working&ots=8Dgs43IgoE&sig=0WeyTO4emPqo5ssJ-ozmLQtAdDU&redir_esc=y#v=onepage&q=child%20safety%20and%20multi%20agency%20working&f=false

Parton, N., 2011. Child protection and safeguarding in England: Changing and competing conceptions of risk and their implications for social work.  British Journal of Social Work ,  41 (5), pp.854-875. https://academic.oup.com/bjsw/article-abstract/41/5/854/1635158

Zeanah, C.H. and Humphreys, K.L., 2018. Child abuse and neglect.  Journal of the American Academy of Child & Adolescent Psychiatry ,  57 (9), pp.637-644. https://www.sciencedirect.com/science/article/abs/pii/S0890856718303332

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Child Status Protection Act (CSPA)

Alert: On Feb. 14, 2023, USCIS issued policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. This guidance is effective immediately and applies to adjustment of status applications we adjudicate on or after Feb. 14, 2023.

If we previously denied your adjustment of status application, but you believe your CSPA age calculation is under 21 under this policy guidance, you may file a motion to reopen your application using a Notice of Appeal or Motion ( Form I-290B ). Noncitizens must generally file motions to reopen within 30 days of the decision. For a motion filed more than 30 days after the denial, if the noncitizen demonstrates that the delay was reasonable and was beyond their control, we may, in our discretion, excuse the untimely filing of the motion.

For more information, see Volume 7, Part A, Chapter 7, Part F, Section 2, of the USCIS Policy Manual .

Note:  Certain forms, including Form I-290B, have a filing fee. You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver. Please see the  Filing Fees  page for more information.

The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.

Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002.

CSPA does not change the definition of a child. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. The calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21 st birthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

CSPA applies only to the following people:

  • Immediate relatives (including derivatives of widow(er)s);
  • Family-sponsored preference principal applicants and derivative applicants;
  • Violence Against Women Act (VAWA) self-petitioners and derivative applicants;
  • Employment-based preference derivative applicants;
  • Diversity Immigrant Visa (DV) derivative applicants;
  • Derivative refugees; and
  • Derivative asylees.

If you are applying for a Green Card based on one of the categories above, you are eligible for CSPA consideration if either your qualifying Form I-485, Application to Register Permanent Residence or Adjust Status , or one of the following underlying forms was filed or pending on or after Aug. 6, 2002:

  • Form I-130, Petition for Alien Relative ;
  • Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant ;
  • Form I-140, Immigrant Petition for Alien Worker ;
  • Form I-526, Immigrant Petition by Alien Entrepreneur;
  • Form I-589, Application for Asylum and for Withholding of Removal ;
  • Form I-590, Registration for Classification as a Refugee; or
  • Form I-730, Refugee/Asylee Relative Petition .

If you are a derivative refugee, your CSPA age is your age on the date your principal refugee parent or Form I-730 petitioner filed his or her I-590, which is the date of his or her interview with a USCIS officer. If you were under the age of 21 at the time of your parent’s interview, your age is frozen as of that date and you will not age out. While you must be unmarried to qualify for admission into the U.S. as a derivative refugee, you do not need to remain unmarried in order to qualify for a Green Card under INA section 209.

If you are a derivative asylee, your CSPA age is your age on the date your principal asylee parent or Form I-730 petitioner filed his or her Form I-589 . If you were under the age of 21 at the time your parent filed Form I-589, your age is frozen as of that date and you will not age out. Unlike derivative refugees, you must be unmarried in order to qualify for a grant of derivative asylum and to qualify for a Green Card under INA section 209.

If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a U.S. citizen, your age is frozen on the date the Form I-130 or Form I-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.

If the petitioner of a pending or approved immediate relative spousal petition dies, their spouse’s Form I-130 automatically converts to a widow(er)’s Form I-360. The widow(er)’s children, if any, who are under the age of 21 and unmarried at the time of the petitioner’s death can be classified as derivatives on the automatically converted Form I-360 and therefore qualify for the CSPA.

If you are a family preference (including VAWA self-petition), employment-based preference, or diversity visa (DV) applicant, calculate your CSPA age by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

The formula for calculating CSPA is:

Age at Time of Visa Availability - Pending Time = CSPA Age

You are 21 years and 4 months old when USCIS considers an immigrant visa available to you. Your petition was pending for 6 months. Calculate your CSPA age as follows:

21 years and 4 months - 6 months = 20 years and 10 months

Age at Time of Visa Availability

The date the visa is considered available is the later of these 2 dates:

  • The date the petition was approved; or
  • The first day of the month of when USCIS considers a visa available for filing an adjustment of status application based on your immigrant preference category, country of chargeability, and priority date. You must check the USCIS website to determine which of the 2 charts (Dates for Filing or Final Action Dates) from the Department of State (DOS) Visa Bulletin you may use to file an adjustment of status application.

For DVs, the date a visa is considered available for CSPA purposes is the first day on which the DOS can allocate a visa number based on the principal applicant’s rank number.

Pending Time

The length of time a petition was pending (pending time) is the number of days between the date that it is properly filed (filing date) and the approval date. The formula determining the length of time the petition was pending is as follows:

Approval Date - Filing Date = Pending Time

Your mother filed a petition for you on Feb. 1, 2016. We approved the petition on Aug. 1, 2016.

Aug. 1, 2016 - Feb. 1, 2016 = 6 months

For DV derivative applicants, the number of days the petition was pending is the period of time between the start of the DV Program registration period and the date of the DV selection letter.

The DV Program registration period began on Oct. 1, 2012, and the DV selection Letter is dated May 1, 2013.

May 1, 2013 - Oct. 1, 2012 = 7 months

Note: If an applicant has multiple approved petitions, calculate the applicant’s CSPA age using the petition that forms the underlying basis for the adjustment of status application. If we approve a request to transfer the underlying basis of the pending adjustment of status application, calculate the CSPA age using the approved petition that forms the new basis of the adjustment application. If we transfer your underlying basis, calculate your CSPA age using your age at the time your immigrant visa becomes available, minus the time the petition that forms the new basis of your adjustment of status application was pending.

For more information on CSPA age calculation, see Volume 7, Part A, Chapter 7, Part F, Section 2 of the USCIS Policy Manual .

Sought to Acquire Requirement

In order to benefit from CSPA as a family preference (including VAWA self-petition), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of when a visa becoming available to you for filing an adjustment of status application. This is referred to as the “sought to acquire” requirement.

You may satisfy this requirement by:

  • Properly filing a Form I-485, Application to Register Permanent Residence or Adjust Status ;
  • Submitting a completed Part 1 of Form DS-260, Immigrant Visa Electronic Application ;
  • Paying the immigrant visa fee to the DOS;
  • Paying the  Form I-864, Affidavit of Support , review fee to the DOS (provided the applicant is listed on the Affidavit of Support);
  • Having a Form I-824, Application for Action on an Approved Application or Petition , properly filed on your behalf.

A written request to transfer the underlying basis of the adjustment of status application also will meet the “sought to acquire” requirement, if we receive the request within 1 year of an immigrant visa becoming available in the new preference category. If you have a pending adjustment application as a derivative child, and we grant the principal applicant’s request to transfer the underlying basis of their adjustment application to a different immigrant category based on another approved petition, then the date we receive the transfer request is the date we use to determine whether you meet the sought to acquire requirement.

If you do not meet the sought to acquire requirement, we may use our discretion to excuse you from this requirement, if you can establish that your failure to meet this requirement was the result of extraordinary circumstances.

When a lawful permanent resident (LPR) files a Form I-130, Petition for Alien Relative for his or her child or unmarried son or daughter, the petition is classified as a family second preference case. If the petitioner naturalizes (becomes a U.S. citizen) before the child or unmarried son or daughter gets a Green Card, the petition is converted to either an immediate relative or family first preference case.

Child of LPR (F2A) Becomes Child of a U.S. Citizen (Immediate Relative)

If your LPR parent filed a Form I-130 for you as his or her child and then your parent became a U.S. citizen before you turned 21, your age “freezes” on the date your parent became a citizen. You become an immediate relative and will not age out.

Unmarried Son or Daughter of LPR (F2B) Becomes Unmarried Son or Daughter of U.S. Citizen (F1)

If your LPR parent filed a Form I-130 for you as an unmarried son or daughter (second preference classification) and then your parent became a U.S. citizen, you normally would automatically convert to a first preference classification as the unmarried son or daughter of a U.S. citizen (F1). However, you may choose to opt out of the automatic conversion and stay in second preference classification (F2B) if the waiting time for the second preference visa is shorter than the waiting time for the first preference visa. You may check the Visa Bulletin  to see if opting out of automatic conversion may result in a shorter waiting time for you.

If you want to opt out of the automatic conversion, you must submit a written request to the USCIS office that approved your Form I-130. You (not your parent) should send a signed letter stating that you wish to opt out of the conversion from F2B to F1. This letter should also include your and your parent’s names and dates of birth and the receipt number for your Form I-130. You can find the receipt number on the receipt and approval notices. The approval notice will also show you which office approved your Form I-130.

If you do not know which USCIS office approved your Form I-130, you may call our USCIS Contact Center .

While K nonimmigrants are not covered under CSPA, K-2 and K-4 nonimmigrants may benefit from CSPA under certain limited circumstances.

Limited CSPA Coverage for K-2 Nonimmigrants

As a K-2 nonimmigrant (child of a K-1 nonimmigrant who is the fiancĂ©(e) of a U.S. citizen), you typically get a Green Card based on your admission into the U.S. with a K-2 visa and your K-1 parent’s marriage to the U.S. citizen petitioner within 90 days of being admitted to the U.S. As long as you were under 21 when you were admitted to the United States as a K-2 nonimmigrant, you will not age out of eligibility for a Green Card. In these circumstances, you are not eligible for and do not need CSPA in order to get a Green Card.

You are only eligible for CSPA if you are the beneficiary of a Form I-130, Petition for Alien Relative . In most cases, you do not need a Form I-130 to get a Green Card if you are a K-2 nonimmigrant. However, if your stepparent and your K-1 nonimmigrant parent did not marry within 90 days (a requirement for getting a Green Card based on K-1 and K-2 nonimmigrant status), your stepparent might choose to file a Form I-130 for you. When your stepparent files a Form I-130  for you, you become an immediate relative who can use the CSPA when applying for a Green Card.

In order to qualify as a stepchild, the marriage between your U.S. citizen stepparent and your K‑1 nonimmigrant parent must have occurred before your 18th birthday. Since your age “freezes” on the date your stepparent files the Form I-130, you may benefit from the CSPA as long as your stepparent files the Form I-130 before your 21st birthday.

For more information about K-1 and K-2 nonimmigrant visas, see the Fiancé(e) Visas page. For more information about applying for a Green Card as a K-1 or K-2 nonimmigrant, see the Green Card for Fiancé(e) of U.S. Citizen page .

Limited CSPA Coverage for K-4 Nonimmigrants

If you are a K-4 nonimmigrant, you are eligible for CSPA because you will apply for a Green Card as an immediate relative based on a Form I-130 filed by your U.S. citizen stepparent.

In order to qualify as a stepchild, the marriage between your U.S. citizen stepparent and your K‑3 nonimmigrant parent must have occurred before your 18th birthday. Since your age “freezes” on the date the Form I-130 is filed, you benefit from the CSPA as long as your stepparent files the Form I-130 before your 21st birthday.

For more information on K-4 visas, see the K-3/K-4 Nonimmigrant Visas page .

For more information about CSPA, see the following:

  • For refugees, see INA 207(c)(2)(B)
  • For asylees, see INA 208(b)(3)(B)
  • For refugee and asylee adjustment of status (Green Card), see INA 209
  • For immediate relatives, see INA 201(f)
  • For family and employment preference and Diversity Visa immigrants, see INA 203(h)
  • For general CSPA information, see  USCIS Policy Manual, Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act
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All about national commission for child rights protection act, 2005 by: tanya tikiya.

NCPCR

India is a signatory to various treaties adopted by the United Nations, and when it comes to child rights, two of them are binding upon the nation:

  • Declaration on Survival, Protection and Development of Children; Adopted in UNGA Summit in 1990, and;
  • Convention on the Rights of the Child; Acceded by India on 11 December 1992.

In furtherance of its duty, Indian state adopted National Charter for Children, 2003 and enacted Commission for Child Rights Protection Act, 2005.

The act establishes Commission for Child Rights at both National and State level(s) and provides with their powers and functions.

Some of the frequently asked questions about the statute are:

Q1. What is National Commission for Child Rights Protection?

It is a statutory body established in March 2007 by virtue of Section 3 of the Act and constitutes of a chairman and 6 members. The chairman is appointed by the Central Government under Section 4.

The chairman, however can be removed by Central Government under Section 7. The grounds for removal include the following:

  • is adjudged an insolvent; or
  • engages during his term of office in any paid employment outside the duties of his office; or
  • refuses to act or becomes incapable of acting; or(d) is of unsound mind and stands so declared by a competent court; or
  • has so abused his office as to render his continuance in office detrimental to the public interest; or
  • is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; or
  • is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission.

Q2. Are State commissions also set up?

Section 17 states about the State commission(s) to be set up by respective state government(s) and appoint the chairman and members of the commission.

Q3. What are the functions of Commission for Child Rights Protection?

Section 13 lists out the functions of the commissions:

 Examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation;

 Present to be central government, annually and at such other intervals, as the commission may deem fit, reports upon working of those safeguards;

 Inquire into violation of child rights and recommend initiation of proceedings in such cases;

  Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures;

  Look into the matters relating to the children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles children without family and children of prisoners and recommend appropriate remedial measures;

  Study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children;

 Undertake and promote research in the field of child rights;

 Spread child rights literacy among various section of society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminar and other available means;

 Inspect or cause to be inspected any juveniles custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organization; Where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;

 Inquire into complaints and take suo moto notice of matter relating to:

  • Deprivation and violation of child rights;
  • Non implementation of laws providing for protection and development of children;
  • Non compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and provide relief to such children; Or take up the issues rising out of such matters with appropriate authorities.

Q4. What are the powers of the Commission?

Section 14 gives out the powers of the commission as under:

  • Summoning and enforcing the attendance of any person and examining him on oath;
  • Discovery and production of any document;
  • Receiving evidence on affidavits;
  • Requisitioning any public record or copy thereof from any court or office; and
  • Issuing commissions for the examination of witnesses or documents.
  • Forward any case to magistrate as same as under Section 346 of CrPC.

In addition to these, section 35 and 36 provides with the power to make rules for the Central Government and for the State governments, respectively. These rules are primarily with regards to internal affairs of the commissions such as terms and conditions of service, procedure to be followed by commission, powers and duties to be exercised by member secretary of the commission etc.

Q5. What are reports of the commission for?

The National commission is supposed to submit an annual report and any other report as it may deem necessary to the members. The government shall then, lay down the report before the respected houses and take necessary actions. (Section 16)

The State Commission(s) also is supposed to submit an annual report and special report to the respective state government which is to be presented before the respective legislature along with memorandum explaining the actions taken or proposed to be taken on the lines of the report. (Section 23)

Q6. What is Children’s court for?

Chapter V of the Act establishes Children’s court for speedy trials of offences against children. The State Government in consultation with the Chief Justice of High Court  specify any court in the state or in the district, as may be deemed necessary, to be Children’s court.

The State Government may also appoint a Special Public Prosecutor for trying the cases in this court.

Q7. Can there be any case against Government or the Commission(s) themselves?

Section 31 lays down that no suit, prosecution or any other legal proceeding shall run against the government or the commission or its members if anything is done in good faith or in pursuance of the provisions of the Act.

The Author, Tanya Tikiya is 3rd Year student of BALLB (H) at Amity Law School, Delhi. She is currently interning with LatestLaws.com.

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Child Care and Protection Act, 2015

  • Document detail
  • Related documents 9
  • Citations 37 / 49
  • 14 November 2019

29 May 2015

Related documents.

  • 9 related documents

Coat of Arms

Act 3 of 2015

  • Published in Government Gazette 5744 on 29 May 2015
  • Assented to on 22 April 2015
  • Commenced on 30 January 2019 by Commencement of Child Care and Protection Act, 2015
  • [This is the version of this document from 14 November 2019 and includes any amendments published up to 29 March 2024.]
  • [Amended by Combating of Trafficking in Persons Act, 2018 (Act 1 of 2018) on 14 November 2019 ]

Chapter 1 DEFINITIONS

1. definitions, chapter 2 objects of act, general principles and age of majority, 2. objects of act, 3. best interests of the child, 4. child participation, 5. general principles, 6. children’s rights to basic conditions of living, 7. duties in respect of children, 8. children’s duties and responsibilities, 9. children with disabilities, 10. age of majority, chapter 3 administration, part 1 – national advisory council on children, 11. establishment of national advisory council on children, 12. functions of council, 13. access to information, 14. composition of council, 15. disqualification for appointment, 16. tenure and vacation of office of members of council, 17. allowances, 18. committees, 19. meetings, 20. performance of administrative work of council, 21. external advisors, 22. consultation with council, 23. annual reports by ministries, 24. annual report by council, part 2 – children’s advocate, 25. establishment of children’s advocate in office of ombudsman, part 3 – children’s fund, 26. establishment of children’s fund, 27. use of money in fund, 28. administration of fund, 29. banking accounts, 30. accountability, accounts and audits, 31. annual report and other reports, 32. exemption from payment of tax, duty or other charges, part 4 – appointment or designation of social workers, child protection organisations, social auxiliary workers and probation officers, 33. appointment or designation of social workers and child protection organisations, 34. appointment or designation of social auxiliary workers and community child care workers, 35. appointment or designation of probation officers, 36. powers and functions of probation officers in relation to certain children, part 5 – regulations, 37. regulations, chapter 4 children’s courts and court proceedings, part 1 – children’s courts and children’s commissioners, 38. children’s courts, children’s commissioners and children’s court assistants, 39. clerks of children’s court, 40. assessors, 41. geographical area of jurisdiction of children’s court, 42. referral of children by other court for investigation, 43. pre-hearing conferences, 44. lay-forums, 45. settling of matters out of court, 46. appeals, part 2 – children’s court proceedings and rules, 47. children’s court proceedings, rules and general orders, 48. reports ordered by court, 49. status of reports, 50. adjournments, 51. monitoring of court orders, 52. who may approach children’s court, 53. parties in children’s court proceedings, 54. children’s court environment, 55. private nature of proceedings and vulnerable witnesses, 56. conduct of proceedings, 57. recording of non-participation by child, 58. legal representation, 59. witnesses, 60. witness fees and allowances, 61. prohibition on publication or disclosure of child ’s identity, 62. confidentiality of records of children’s court proceedings, part 3 – regulations, 63. regulations, chapter 5 residential child care facilities, places of care and shelters, 64. places of safety, 65. places of care, 66. early childhood development centres, 67. shelters, 68. children’s homes, 69. child detention centres, 70. existing places of safety, places of care, children’s homes, places of detention, schools of industries or reform schools, 71. minimum standards for residential child care facilities, places of care, early childhood development centres and shelters, 72. management boards for children’s homes and child detention centres, 73. application for registration of places of care, early childhood development centres, shelters, children’s homes and child detention centres, 74. registration of places of care, early childhood development centres, shelters, children’s homes and child detention centres, 75. eligibility of registered facilities for state funding and contributions in kind, 76. reporting by children’s homes, shelters and child detention centres, 77. inspection of facilities, 78. notice of enforcement, 79. cancellation of certificate of registration, 80. voluntary closure of a place of care , early childhood development centre , shelter , children’s home or a child detention centre, 81. transfer of child in event of cancellation of certificate of registration, 82. transfer of child in foster care or from residential child care facility, 83. conditional discharge of child, 84. discharge of child, 85. appeal and review, 86. death of a child in foster care or registered facility, 87. leave of absence from foster care or residential child care facility, 88. child in foster care or residential child care facility prohibited from leaving namibia, 89. apprehension of child absent without authorisation from foster care or residential child care facility, 90. delegation, 91. regulations, chapter 6 matters relating to status of certain children, part 1 – application of chapter, 92. application of chapter, part 2 – proof of parentage and presumption of paternity, 93. procedure for proof of parentage, 94. presumption of paternity, 95. presumption on refusal to submit to scientific tests, part 3 – parental responsibilities and rights in respect of children born outside marriage and other children, 96. factors to be considered by children’s court in this part, 97. procedures for certain orders apply to children of divorced or estranged parents, 98. powers of children’s court in respect of certain high court orders, 99. custody, 100. procedure for obtaining custody, 101. guardianship, 102. access, 103. other access, 104. children born outside marriage as a result of rape, 105. inheritance, 106. duty to maintain, 107. domicile of children born outside marriage, 108. effect of subsequent marriage of parents, 109. status of children of void or voidable marriages, 110. safeguarding of interests of dependent and minor children of void or voidable marriages, 111. status of children born of artificial insemination or in vitro fertilisation, part 4 – custody and guardianship on death of person having custody and guardianship, 112. custody on death of person having custody, 113. guardianship on death of guardian, part 5 – general provisions, 114. powers of guardian or tutor appointed under part 3, 115. complaints about a child ’s guardian or tutor, 116. suspension of order pending review or appeal, 117. regulations, chapter 7 parental responsibilities and rights and parenting plans, 118. parental responsibilities and rights, 119. parenting plans, 120. amendment or termination of parenting plan not made an order of court, 121. amendment or termination of parenting plan made an order of court, 122. disputes relating to parenting plans, chapter 8 kinship care, 123. kinship care and kinship care agreements, 124. parental responsibilities and rights in respect of kinship care by court order, 125. amendment or termination of kinship care arrangement and agreement, 126. disputes relating to kinship care agreements, 127. application for access by kinship care-giver after termination of agreement, 128. regulations, chapter 9 prevention and early intervention, 129. powers and functions of minister, 130. prevention and early intervention services, chapter 10 child protection proceedings, 131. child in need of protective services, 132. reporting in respect of a child who may be in need of protective services, 133. self-reporting by children, 134. immediate response to report that child may be in need of protective services, 135. removal of child or alleged offender with warrant, 136. removal of child without warrant, 137. removal of alleged offender by written notice in lieu of removal of offender with warrant, 138. placement of child pending disposition of case, 139. designated social worker ’s powers and duties to investigate, 140. procedure if social worker report concludes that child is not in need of protective services, 141. procedure if social worker report concludes that child is in need of protective services, 142. scheduling of child protection hearing, 143. notice of child protection hearing, 144. adjournments of child protection hearings, 145. court orders when child in need of protective services, 146. court orders when child not in need of protective services, 147. court orders for alternative placement, 148. family access to children in alternative placements, 149. transfer of certain parental powers at placement, 150. discharge of orders, 151. duration, extension and monitoring of orders, 152. unauthorised removal from place of safety , kinship care or residential child care facility, 153. regulations, chapter 11 foster care, 154. foster care, 155. application for approval as prospective foster parent, 156. prospective foster parent, 157. parental responsibilities and rights of foster parent, 158. number of children to be placed in foster care, 159. termination of foster care, chapter 12 contribution orders, 160. issue of contribution orders, 161. jurisdiction, 162. contribution order, 163. effect of contribution order, 164. attachment of wages of respondent, 165. change of residence or work by respondent, 166. minister as respondent in appeals, 167. service of process, execution of contribution orders and costs, chapter 13 adoption of children, part 1 – domestic adoptions, 168. adoption orders, 169. adoptable children, 170. persons who may adopt a child, 171. register of adoptable children and prospective adoptive parents, 172. consent to adoption, 173. unreasonable withholding of consent, 174. adoption plans, 175. application for adoption, 176. notice of application to parties, 177. consideration of adoption application, 178. effect of adoption order, 179. rescission of adoption order, 180. effect of rescission, 181. recording of adoption in births register, 182. registration of birth and recording of adoption of child whose birth is registered outside namibia, 183. adoption register, 184. access to adoption register, 185. offences in respect of adoption services, 186. advertising, 187. regulations, part 2 – inter-country adoptions, 188. purpose of this part, 189. convention to have force of law, 190. central authority in namibia, 191. delegation of convention powers and functions, 192. recognition of convention adoptions, 193. notice of adoption application, 194. application of part 1, 195. exceptional cases involving inter-country adoptions, 196. authority for namibian accredited bodies to act overseas, 197. authority for overseas accredited bodies to act in namibia, 198. inter-country adoption required in respect of certain children198., 199. regulations, chapter 14 child trafficking, part 1 – general provisions in respect of child trafficking, 200. [ section 200 repealed by section 28(1)(c) of act 1 of 2018 ], 201. objects of chapter, 202. child trafficking, 203. [ section 203 repealed by section 28(1)(c) of act 1 of 2018 ], 204. [ section 204 repealed by section 28(1)(c) of act 1 of 2018 ], 205. [ section 205 repealed by section 28(1)(c) of act 1 of 2018 ], 206. [ section 206 repealed by section 28(1)(c) of act 1 of 2018 ], 207. [ section 207 repealed by section 28(1)(c) of act 1 of 2018 ], 208. [ section 208 repealed by section 28(1)(c) of act 1 of 2018 ], 209. [ section 209 repealed by section 28(1)(c) of act 1 of 2018 ], 210. [ section 210 repealed by section 28(1)(c) of act 1 of 2018 ], 211. [ section 211 repealed by section 28(1)(c) of act 1 of 2018 ], 212. [ section 212 repealed by section 28(1)(c) of act 1 of 2018 ], part 2 – protective measures in respect of victim of child trafficking, 213. [ section 213 repealed by section 28(1)(c) of act 1 of 2018 ], 214. [ section 214 repealed by section 28(1)(c) of act 1 of 2018 ], 215. [ section 215 repealed by section 28(1)(c) of act 1 of 2018 ], 216. [ section 216 repealed by section 28(1)(c) of act 1 of 2018 ], 217. [ section 217 repealed by section 28(1)(c) of act 1 of 2018 ], 218. [ section 218 repealed by section 28(1)(c) of act 1 of 2018 ], 219. [ section 219 repealed by section 28(1)(c) of act 1 of 2018 ], chapter 15 protective measures in respect of children, part 1 – protective measures relating to health of children, 220. consent to medical intervention and surgical operation, 221. hiv-testing, 222. counselling before and after hiv-testing, 223. confidentiality of information on hiv/aids status of children, 224. consent for and conditions pertaining to examination or assessment of abused or neglected children, part 2 – other protective measures, 225. child-headed household, 226. harmful social, cultural or religious practices, 227. procedure for dealing with abandoned children left with approved authorities, 228. corporal punishment, 229. child safety at place of entertainment, 230. coercing, allowing, inducing or encouraging children to take liquor or other substances, 231. rules regarding children in prison or police cell, 232. children lacking identification documentation, 233. unaccompanied foreign children, 234. child labour and exploitation of children, 235. unlawful removal or detention of child, 236. unlawful taking or sending of child out of namibia, 237. termination or suspension of parental responsibilities and rights in certain cases, part 3 – requirements in respect of certain persons who work with children, 238. requirements in respect of certain persons who work with children, part 4 – regulations, 239. regulations, chapter 16 state grants, 240. state maintenance grant, 241. child disability grant, 242. foster parent grant, 243. authority to access grant on behalf of child, 244. residential child care facility grant, 245. short term emergency grant or assistance in kind, 246. automatic exemptions, 247. suspension, cancellation and administration of grants, 248. grants not assignable or executable, 249. offences relating to false statements and improper receipt or misuse of grants, 250. refund of grants, 251. appeal to minister, 252. regulations, chapter 17 general provisions, 253. conventions to have force of law, 254. offences relating to abuse , neglect , abandonment or maintenance, 255. delegation, 256. regulations, 257. repeal and amendment of laws, 258. transitional provisions, 259. short title and commencement, laws repealed or amended by section 257(1), text of the african charter on the rights and welfare of the child, part 1 – rights and duties, chapter one rights and welfare of the child, article 1 – obligation of states parties, article 2 – definition of a child, article 3 – non-discrimination, article 4 – best interests of the child, article 5 – survival and development, article 6 – name and nationality, article 7 – freedom of expression, article 8 – freedom of association, article 9 – freedom of thought, conscience and religion, article 10 – protection of privacy, article 11 – education, article 12 – leisure, recreation and cultural activities, article 13 – handicapped children, article 14 – health and health services, article 15 – child labour, article 16 – protection against child abuse and torture, article 17 – administration of juvenile justice, article 18 – protection of the family, article 19 – parent care and protection, article 20 – parental reponsibilities, article 21 – protection against harmful social and cultural practices, article 22 – armed conflicts, article 23 – refugee children, article 24 – adoption, article 25 – separation from parents, article 26 – protection against apartheid and discrimination, article 27 – sexual exploitation, article 28 – drug abuse, article 29 – sale, trafficking and abduction, article 30 – children of imprisoned mothers, article 31 – responsibility of the child, chapter two establishment and organization of the committee on the rights and welfare of the child, article 32 – the committee, article 33 – composition, article 34 – election, article 35 – candidates, article 37 – term of office, article 38 – bureau, article 39 – vacancy, article 40 – secretariat, article 41 – privileges and immunities, chapter three mandate and procedure of the committee, article 42 – mandate, article 43 – reporting procedure, article 44 – communications, article 45 – investigations by the committee, chapter four miscellaneous provisions, article 46 – sources of inspiration, article 47 – signature, ratification or adherence, article 48 – amendment and revision of the charter, text of the united nations convention on the rights of the child, text of the hague convention on protection of children and co-operation in respect of inter-country adoption, chapter i scope of the convention, chapter ii requirements for intercountry adoptions, chapter iii central authorities and accredited bodies, chapter iv procedural requirements in intercountry adoption, chapter v recognition and effects of the adoption, chapter vi general provisions, chapter vii final clauses, chapter ii central authorities, chapter iii return of children, chapter iv rights of access, chapter v general provisions, chapter vi final clauses, chapter ii jurisdiction, chapter iii applicable law, chapter iv recognition and enforcement, chapter v co-operation, chapter i object, scope and definitions, article 1 – object, article 2 – scope, article 3 – definitions, chapter ii administrative co-operation, article 4 – designation of central authorities, article 5 – general functions of central authorities, article 6 – specific functions of central authorities, article 7 – requests for specific measures, article 8 – central authority costs, chapter iii applications through central authorities, article 9 – application through central authorities, article 10 – available applications, article 11 – application contents, article 12 – transmission, receipt and processing of applications and cases through central authorities, article 13 – means of communication, article 14 – effective access to procedures, article 15 – free legal assistance for child support applications, article 16 – declaration to permit use of child-centred means test, article 17 – applications not qualifying under article 15 or article 16, chapter iv restrictions on bringing proceedings, article 18 – limit on proceedings, chapter v recognition and enforcement, article 19 – scope of the chapter, article 20 – bases for recognition and enforcement, article 21 – severability and partial recognition and enforcement, article 22 – grounds for refusing recognition and enforcement, article 23 – procedure on an application for recognition and enforcement, article 24 – alternative procedure on an application for recognition and enforcement, article 25 – documents, article 26 – procedure on an application for recognition, article 27 – findings of fact, article 28 – no review of the merits, article 29 – physical presence of the child or the applicant not required, article 30 – maintenance arrangements, article 31 – decisions produced by the combined effect of provisional and confirmation orders, chapter vi enforcement by the state addressed, article 32 – enforcement under internal law, article 33 – non-discrimination, article 34 – enforcement measures, article 35 – transfer of funds, chapter vii public bodies, article 36 – public bodies as applicants, chapter viii general provisions, article 37 – direct requests to competent authorities, article 38 – protection of personal data, article 39 – confidentiality, article 40 – non-disclosure of information, article 41 – no legalisation, article 42 – power of attorney, article 43 – recovery of costs, article 44 – language requirements, article 45 – means and costs of translation, article 46 – non-unified legal systems - interpretation, article 47 – non-unified legal systems - substantive rules, article 48 – co-ordination with prior hague maintenance conventions, article 49 – co-ordination with the 1956 new york convention, article 50 – relationship with prior hague conventions on service of documents and taking of evidence, article 51 – co-ordination of instruments and supplementary agreements, article 52 – most effective rule, article 53 – uniform interpretation, article 54 – review of practical operation of the convention, article 55 – amendment of forms, article 56 – transitional provisions, article 57 – provision of information concerning laws, procedures and services, chapter ix final provisions, article 58 – signature, ratification and accession, article 59 – regional economic integration organisations, article 60 – entry into force, article 61 – declarations with respect to non-unified legal systems, article 62 – reservations, article 63 – declarations, article 64 – denunciation, article 65 – notification, transmittal form under article 12(2), confidentiality and personal data protection notice, acknowledgement form under article 12(3), history of this document, 14 november 2019 this version, 30 january 2019, 22 april 2015.

  • Is amended by Combating of Trafficking in Persons Act, 2018
  • Is commenced by Commencement of Child Care and Protection Act, 2015
  • Amends Liquor Act, 1998
  • Amends Administration of Estates Act, 1965
  • Amends Criminal Procedure Act, 1977
  • Amends Combating of Domestic Violence Act, 2003
  • Amends Combating of Immoral Practices Act, 1980
  • Amends Marriage Act, 1961
  • Repeals Children’s Status Act, 2006

Cited documents 37

Legislation 37.

  • Administration of Estates Act, 1965
  • Banking Institutions Act, 1998
  • Births, Marriages and Deaths Registration Act, 1963
  • Births, Marriages and Deaths Registration Amendment Act, 1970
  • Building Societies Act, 1986
  • Children’s Status Act, 2006
  • Combating of Domestic Violence Act, 2003
  • Combating of Immoral Practices Act, 1980
  • Combating of Rape Act, 2000
  • Commonwealth Relations Act, 1962
  • Criminal Procedure Act, 1977
  • Education Act, 2001
  • General Law Amendment Act, 1967
  • General Law Amendment Act, 1969
  • General Law Further Amendment Act, 1962
  • Immigration Control Act, 1993
  • Labour Act, 2007
  • Legal Aid Act, 1990
  • Legal Practitioners Act, 1995
  • Liquor Act, 1998
  • Magistrates Act, 2003
  • Magistrates' Courts Act, 1944
  • Maintenance Act, 2003
  • Marriage Act, 1961
  • Matrimonial Affairs Ordinance, 1955
  • Medical and Dental Act, 2004
  • Motor Vehicle Accident Fund Act, 2007
  • Namibia Refugees (Recognition and Control) Act, 1999
  • National Disability Council Act, 2004
  • National Pensions Act, 1992
  • National Youth Council Act, 2009
  • Ombudsman Act, 1990
  • Police Act, 1990
  • Posts and Telecommunications Companies Establishment Act, 1992
  • Prevention of Organised Crime Act, 2004
  • Reciprocal Enforcement of Maintenance Orders Act, 1995
  • Social Work and Psychology Act, 2004

Documents citing this one 49

  • Namibia Government Gazette dated 2015-05-29 number 5744
  • Namibia Government Gazette dated 2017-06-30 number 6350
  • Namibia Government Gazette dated 2018-04-06 number 6562
  • Namibia Government Gazette dated 2018-05-24 number 6603
  • Namibia Government Gazette dated 2018-10-31 number 6750
  • Namibia Government Gazette dated 2019-01-30 number 6829
  • Namibia Government Gazette dated 2020-03-31 number 7160
  • Namibia Government Gazette dated 2020-05-15 number 7214
  • Namibia Government Gazette dated 2020-08-25 number 7318
  • Namibia Government Gazette dated 2020-09-23 number 7342
  • Namibia Government Gazette dated 2021-04-30 number 7522
  • Namibia Government Gazette dated 2021-12-15 number 7701
  • Namibia Government Gazette dated 2022-11-29 number 7964
  • Namibia Government Gazette dated 2023-10-05 number 8229

Judgment 23

  • A J M v C L S (HC-MD-CIV-MOT-GEN 44 of 2020) [2020] NAHCMD 63 (21 February 2020)
  • CJS v CS (SA 32 of 2021) [2021] NASC 40 (15 October 2021)
  • CJV v DG (Previously V) (HC-MD-CIV-MOT-GEN-2023/00462) [2023] NAHCMD 829 (19 December 2023)
  • CS v CS (HC-MD-CIV-ACT-MAT 179 of 2017) [2021] NAHCMD 170 (12 April 2021)
  • De Wet v De Wet (HC-MD-CIV-ACT-MAT-2023/00287) [2023] NAHCMD 289 (30 May 2023)
  • Digashu and Another v GRN and Others; Seiler-Lilles and Another v GRN and Others (SA 6/2022; SA 7/2022) [2023] NASC 14 (16 May 2023)
  • Digashu and Others v GRN and Others; Seiler-Lilles v GRN and Others (HC-MD-CIV-MOT-GEN 427 of 2018; HC-MD-CIV-MOT-REV 447 of 2017) [2022] NAHCMD 11 (20 January 2022)
  • ES v AC (57 of 2012) [2015] NASC 11 (24 June 2015)
  • GK v SK (HC-MD-CIV-ACT-MAT-2020/04528) [2023] NAHCMD 382 (6 July 2023)
  • GK v SK (HC-MD-CIV-MOT-GEN 32 of 2022) [2022] NAHCMD 122 (18 March 2022)
  • Gomes v Auala and Others (HC-MD-CIV-MOT-GEN 386 of 2018) [2019] NAHCMD 48 (25 January 2019)
  • Januarie v Mbundu (HC-MD-CIV-MOT-REV 424 of 2021) [2022] NAHCMD 333 (4 July 2022)
  • MA and Others v AG (SA 72 of 2019) [2019] NASC 605 (1 March 2019)
  • Mbambi v Minister of Home Affairs, Safety and Immigration (HC-MD-CIV-ACT-DEL- 3830 of 2021) [2022] NAHCMD 226 (6 May 2022)
  • Minister of Home Affairs and Immigration v P L (SA 96/2021) [2023] NASC 3 (20 March 2023)
  • P L v Minister of Home Affairs and Immigration (HC-MD-CIV MOT-GEN 473 of 2019) [2021] NAHCMD 481 (13 October 2021)
  • Q J v E J (1883 of 2015) [2019] NAHCMD 49 (13 March 2019)
  • S v Ganeb (8) (Sentence) (CC 3 of 2016) [2019] NAHCMD 108 (17 April 2019)
  • S v Krylov (CC 32 of 2018) [2023] NAHCMD 48 (13 February 2023)
  • S v Minikileni (CR 33 of 2022) [2022] NAHCNLD 72 (27 July 2022)
  • S v Nanyemba (2) (CC 12 of 2018) [2021] NAHCMD 20 (9 March 2021)
  • S v RF (CC 1/2023) [2023] NAHCNLD 104 (11 October 2023)
  • Shipena v Itembu (HC-NLD-CIV-APP-AMC 2 of 2020) [2022] NAHCNLD 77 (15 August 2022)

Law Reform Report 2

  • Report on the Abolishment of the Common Law Offences of Sodomy and Unnatural Sexual Offences
  • Report on the Mental Health Bill

Legislation 10

  • Basic Education Regulations, 2023
  • COVID-19: Regulations Relating to Health Matters
  • Combating of Trafficking in Persons Act, 2018
  • Directions relating to judicial proceedings during the COVID-19 state of emergency
  • Directive Relating to Child Protection Response during COVID-19
  • Public Health COVID-19 General Regulations

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Governor DeSantis Signs Legislation to Protect Children and Uphold Parental Rights

JACKSONVILLE, Fla.— Today, Governor Ron DeSantis signed HB 3, which prohibits children under the age of 14 from becoming social media account holders and allows 14- and 15-year-olds to become account holders with parental consent.

“Social media harms children in a variety of ways,” said Governor Ron DeSantis . “HB 3 gives parents a greater ability to protect their children. Thank you to Speaker Renner for delivering this landmark legislation.”

“The internet has become a dark alley for our children where predators target them and dangerous social media leads to higher rates of depression, self-harm, and even suicide,” said House Speaker Paul Renner . “I am proud of the work of all our bill sponsors, Representatives Tyler Sirois, Fiona McFarland, Michele Rayner, Chase Tramont, and Toby Overdorf for delivering a legislative framework that prioritizes keeping our children safe. Thanks to Governor DeSantis’ signature, Florida leads the way in protecting children online as states across the country fight to address these dangers.”

Specifically, this bill:

  • Prevents a minor who is younger than 14 years of age from becoming a social media account holder.
  • Empowers parents to decide whether 14- and 15-year-olds can have a social media account.
  • Protects the ability of Floridians to remain anonymous online.

In addition to protecting children from the dangers of social media, HB 3 requires pornographic or sexually explicit websites to use age verification to prevent minors from accessing sites that are inappropriate for children.

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Honourable Ravi Kahlon

Honourable Ravi Kahlon

Minister of Housing and Government House Leader

Email: [email protected]

Translations

News release, media contacts, jimmy smith, ministry of housing.

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Featured Topics

  • Progress on Homes for B.C.

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  • Strata Housing
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  • Residential Tenancy Branch

The Province is taking action to support renters and landlords who play by the rules by amending legislation to better protect people from bad-faith evictions, eliminate rent increases when a child is added to a household and resolve rental disputes faster.

“While most landlords and tenants play by the rules and have respectful relationships, too many people in B.C. are still facing unfair rent hikes and evictions under false pretenses,” said Premier David Eby. “At the same time, many people who have chosen to rent part of their home are struggling to end problematic tenancies. That’s why we’re taking action to protect both renters and landlords with stronger rules designed to ensure the law is respected by everyone — and bring more fairness for everyone in the rental market.”

Proposed amendments to the Residential Tenancy Act and the Manufactured Home Park Tenancy Act will protect growing families by restricting rent increases if a tenant adds a child under 19 to their household. No rent increases above the annual allowable rent increase will be permitted even if there is a term in the tenancy agreement that states rent will increase with new occupants.

The amendments will also deter bad-faith evictions by requiring landlords to use a web portal to generate a notice to evict a tenant for personal use. This will help educate landlords about the required conditions and risks of bad-faith evictions, while providing a standardized process for serving notice. The new process for evictions will also allow for post-eviction compliance audits and provide information to the ministry about the frequency of these types of evictions. 

“We are taking action to protect tenants from unfair evictions, promote better compliance and improve the rental system overall,” said Ravi Kahlon, Minister of Housing. “Renters should not lose their homes because of some bad actors who don’t follow the rules. Landlords need the certainty that issues with problematic tenants can be resolved quickly. By putting stronger policies in place and increasing education, we are strengthening protections and promoting stability in the rental market.”

Action is also being taken to resolve rental disputes faster. Since November 2022, wait times at the Residential Tenancy Branch have been reduced by almost 54%, due in large part to additional staff, service improvements and investments to provide resolutions faster. Wait times for the dispute stream that fast tracks hearings for unpaid rent and/or utilities decreased by more than 52% from 10.5 weeks in February 2023 to less than five weeks in February 2024, providing quicker resolution for landlords waiting to get their units back.

The Ministry of Attorney General’s new Money Judgment Enforcement Act will come into force in 2025, which will make it easier and less costly for people to get the money owed to them from decisions resulting from Residential Tenancy Branch hearings.

Other changes through these proposed amendments include:

  • allowing for more flexibility in addressing cases where there is a problematic tenancy and prescribing more clear guidelines for ending tenancy with justified cause;
  • increasing the amount of notice a landlord must give a tenant when ending a tenancy for personal occupancy;
  • increasing the amount of time a landlord must occupy a rental unit after ending a tenancy for personal occupancy from six months to 12 months;
  • increasing the amount of time a tenant has to dispute a notice to end tenancy from 15 days to 30 days;
  • prohibiting evictions for personal use in purpose-built rental buildings with five or more units; and
  • prohibiting eviction for the conversion of rental units to specific non-residential uses.

“These changes are critical to protect good renters and landlords from those who try and cheat the system for profit,” said Spencer Chandra Herbert, premier’s liaison for renters and MLA for Vancouver-West End. “We know of too many people who act in good faith that are facing the consequences of those who take advantage of the system, and this legislation is crucial to put an end to that.”

Since 2017, the Province has taken action to better protect renters, including banning illegal renovictions, strengthening the financial penalties for landlords who evict tenants in bad faith and improving wait times at the Residential Tenancy Branch. The proposed amendments to the Residential Tenancy Act meet government priorities as laid out in the Homes for People Action Plan, further strengthening tenancies in B.C.

More information about the proposed changes can be found in the backgrounder that follows.

Quick Facts:

  • The Residential Tenancy Act allows a landlord to end a tenancy for landlord use of the unit, which includes personal occupancy by the landlord, a purchaser or a close family member, conversion of the unit to another use, or demolition.
  • The changes being proposed in the bill apply to “personal occupancy,” i.e., the landlord or family members moving in.
  • Without the need for a hearing, the direct-request process for landlords who want an order of possession, where the tenant has not disputed the eviction, are being determined in a little more than one week.

Learn More:

To learn more about government’s new Homes for People action plan, visit: https://news.gov.bc.ca/releases/2023HOUS0019-000436

To access residential tenancy resources, visit: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies

To learn about the steps the Province is taking to tackle the housing crisis and deliver affordable homes for British Columbians, visit: https://strongerbc.gov.bc.ca/housing

A backgrounder follows.

Backgrounders

Proposed amendments to the residential tenancy act.

The Province, through its Homes for People action plan, committed to cut down on unlawful evictions and strengthen the security of tenants, while supporting landlords.

Government is proposing the following amendments to the Residential Tenancy Act and the Manufactured Home Park Tenancy Act that, if passed, will come into force in various phases this spring and summer.

After bill introduction:

  • prohibiting personal occupancy evictions in purpose-built rental buildings with five or more units; and
  • increasing landlord’s occupancy period from six months to 12 months.

Upon royal assent:

  • prohibiting rent increases for additional occupants who are minors and making it an offence to do so; and
  • making a clear prohibition for a landlord to give frivolous notices to end tenancy.

 By regulation expected by summer 2024:

  • requiring landlords to use a web portal to generate Notices to End Tenancy for personal occupancy;
  • increasing the notice period that a landlord must give a tenant for eviction for personal use; and
  • increasing the tenant dispute period from 15 days to 30 days.

Future regulations:

  • prohibit conversion of rental units to specific non-residential uses, such as short-term rental accommodation or storage;
  • prescribe increased amounts of compensation for evicting long-term tenants for landlord use; and
  • clarify the criteria by which the landlord could legally end a tenancy for a problematic tenant. 
  • Increasing administrative monetary penalties to improve deterrence from contravening the Residential Tenancy Act.
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IMAGES

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