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FAMILIES, CHILDREN & YOUNG PEOPLE: - Coggle Diagram
FAMILIES, CHILDREN & YOUNG PEOPLE:
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FAMILY VIOLENCE:
- Intimate partners
- Ex-partners
- Children, siblings, adult children
- Step family
- A relative or extended family
- A carer who is like a family member
International Human Rights:
- International Covenant on Civil and Political Rights
- Convention on the Elimination of all Forms of Discrimination against women
- International Covenant on Economic, Social and Cultural Rights
- Convention on the Elimination of all Forms of Discrimination against Women
- Covenant on the Rights of the Child
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RELEVANT LEGISLATION:
- Family Violence Protection ACt 2008 (Vic)
- Children, Youth and Families Act 2005 (Vic)
- Family Law Act 1975 (Cth)
Also:
- Marriage Act 1916
- Adoption Act 1984
- Personal Safety Intervention Orders Act 2010 (Vic) (Non-family members)
- Sentencing Act 1991
- Crimes (Mental Impairment and Unfitness to be Tried) Act 1995
- Crimes Act 1958
- Bail Act 1977
- Sex Offenders Registration Act 2004
- Terrorism (Community Protection) Act 2003
TYPES OF ABUSE: (non-legal definition)
- Controlling behaviour
- Emotional abuse
- Psychological abuse
- Financial abuse
- Sexual abuse
- Physical abuse
- Visa abuse
- Technology-facilitated abuse
LEGAL DEFINITION OF ABUSE:
S5(1) of Family Violence Protection Act 2008 (Vic)
- Physical or sexual abuse
- Economic abuse
- Emotional or psychological abuse
- Threatening or coercive behaviour
- Behaviour that in any other way controls or dominates a family member and causes them to feel fear for their safety or wellbeing or for that of another person
- Causing a child to hear, witness or be exposed to family violence
Behaviour does not need to constitute a criminal offence to come within the scope of family violence.
POLICE RESPONSES:
1. Family violence Safety Notice
- Can protect the person, children or property
- With or without the consent of the person
- Is also an application for a Family Violence IVO and a summons
2. Vary an existing IVO
FAMILY VIOLENCE IVOS:
- Civil orders
- Breaches are criminal
- Final or interim
- Requires the respondent to 'engage or refrain from engaging in the conduct specified in the order'.
CONDITIONS:
- Prohibit further violence
- Contact
- Property
- Specified distance
- Residence exclusion
- Movement
- Counselling
- Firearms or weapons
INTERIM ORDER:
- To ensure the safety of the affected family member OR
- To preserve the property of the affected family member OR
- To protect an affected family member who is a child who has been subjected to family violence by the respondent
FINAL ORDER:
- The respondent has committed family violence against the affected family member AND
- Is likely to do so again
BREACHES:
- Up to 2 years and/or 240 penalty units
- If intending to cause harm or fear for safety - 5 years and /or 600 penalty units
- Persistent breaching is also an offence
- If violent, may be a 'show cause' offence and not get bail
- National recognition
CHILD PROTECTION LAW:
INTERNATIONAL HUMAN RIGHTS:
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
- Convention on the Elimination of all Forms of Discrimination against Women
- Convention on the Rights of the Child
-
RELEVANT LEGISLATION:
- Children, Youth and Families Act 2005 (Vic)
Also:
- Family Law Act 1975 (Cth)
- Family Law Protection Act 2008 (Vic)
- Marriage Act 1916
- Adoption Act 1984
- Personal Safety Intervention Orders Act 2010 (Vic) (Non-family members)
- Sentencing Act 1991
- Crimes (Mental Impairment and Unfitness to be Tried) Act 1995
- Crimes Act 1958
- Bail Act 1977
- Sex Offenders Registration Act 2004
CHILDREN, YOUTH AND FAMILIES ACT 2005 S 1:
Main purposes of this Act:
- To provide for community services to support children and families
- To provide for the protection of children
- To make provision in relation to children who have been charged with, or who have been found guilty of, offences
- To continue The Children's Court of Victoria as a specialist court dealing with matters relating to children
BEST INTERESTS PRINCIPLE (Section 10):
- For the purpose of this Act, the best interests of the child must always be paramount
- When determining whether a decision or action is in the best interests of the child, the need to protect the child from harm, to protect his or her rights and to promote his or her development (taking into account his or her age and stage of development) must always be considered
ABORIGINAL CHILD PLACEMENT PRINCIPLE: (Section 13)
As a priority, wherever possible, the child must be placed within the Aboriginal extended family or relatives and where this is not possible, other extended family or relatives.
NUGEL (s 18):
VACCA takes full responsibility for Aboriginal children on Chidldren's Court orders.Provides:
- Case planning and cultural planning
- Support for the child's out of home care arrangement
- Case management
- Relevant legal servies
- Referral to and coordination with VACCA's and other services
- Support children remain with their families or to be safety reunited.
Leaving a child unattended:
In Vic, it is an offence for a person responsible for a child to leave the child unattended for any longer than is reasonable, without making appropriate arrangements for the child's supervision and care.
How long would it be reasonable to leave a 6 year old by themselves? What about a 10 year old? What factors would be relevant to how reasonable you thought it was?
TYPES OF CHILD PROTECTION ORDERS:
- Temporary assessment order (wait for DHHS)
- Interim accommodation order (wait for the Court)
- Undertaking (no DHHS involvement)
- Protection Orders:
- Family preservation order (stay at home)
- Family reunification order (child removed)
- Care by Secretary order (2 years)
- Costudy to third party order (1 year)
- Long-term care by Secretary order (until 18)
- Permanent care order (until 18)
- Therapeutic Treatment Orders
VICTORIAN CHILDREN'S COURT:
- Family Division (child protection , IVOs if a person is a child)
- Criminal Division (youth justice, infringements of young people, children's Koori Court)
- The 'Dual track' system
PREPARING A COURT REPORT:1. Court ordered reports:
- Temporary assessment order report
- Protection report
- Disposition report
2. Other reports:
- Mental health
- Health
- Medical
- Drug and alcohol
- Parenting assessment
- Foster care reports
Temporary assessment report:
- What has been done so far
- Results of an investigation
- Any other info
- Recommendations
Protection report:
(After an application for protection has been issues)
- Reasons why a child is in need of protection
- Why the child cannot be protected without an order
- Relevant best interests principles
Disposition report:
(Usually after a court has decided a child is in need of protection)
- Case plan
- Recommendations for orders
- Other info