Free Child Protection System Essay Sample
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Child Protection System refers to an arrangement of controlling and responding to brutality against and ill-treatment of children. Such vices consist of forced child labor, dangerous cultural practices like the dreaded Female Genital Mutilation, child trafficking and sexual exploitation through prostitution related activities. Children also need protection regarding issues affecting their health and development because they are not yet in a position to make decisions on their own (UNICEF, 2005).
The legal experts refer to them as minors and whenever an important deliberation is to be made, the consent of parents or guardians must be sought. The age limits of being classified as child varies in every jurisdiction, however it lies between zero to sixteen and eighteen years. This implies that those in custody of minors must be responsible enough to guard them against any abuse. The system has grown over time due the emerging issues of civilization. In the ancient days, children were regarded as the heritage of an entire community but as the time progressed individualism and self centeredness has grown to a level where even a relative has become a threat to minors' rights.
Impact of court's decision in children welfare
There are instances where violations of children's rights cannot be solved amicably through lobbying and consensus building at home. When such a situation occurs, a legal action may be taken by the aggrieved party. Courts, in their rightful discretion, make a number of decisions. The rulings include determinations of who is best positioned to take the custody of the child and the subsequent placement. Parental rights termination and safety are other possible decisions that can be made by the judiciary. It is expected that whichever of the aforementioned options is picked, the focus must remain at fostering the child's wellbeing (Child Welfare Information Gateway, 2008).
In this paper we seek to find out if the best interests of a child are considered at the event that a ruling is made instructing the custody of the child be in the family. It is worth noting that best interest is highly variable. It can only be summarized as a decision of any type that best protect a child. Every jurisdiction must therefore predict all foreseeable scenarios and develop guiding principles. Emotional binding and relationship existing between the family members and the child must also be considered. If it is established that a child is going to be emotionally affected through change of custody it will be an optimal option to let the family take back the child.
Another crucial factor of consideration is whether the parents are in a position of providing a safe home alongside the basic needs. At an event where parents are unable to provide adequate basic needs, a permanent withdrawal of parental rights may be chosen. The existence of domestic violence at home is another key issue that must be considered while determining a ruling that puts forward the best interests of the minor in focus. Both parents' and child's health condition influences the ultimate decision making of the court (Altstein & McRoy, 2000).
The judicial system in every nation must therefore be of high integrity to win the confidence of the aggrieved parties as well as put forward the guiding principles. It can be argued therefore that the courts act in the best interests of the child who have been abused to stay with the family. This is so because it is believed that the deliberations were guided by the preset principles.
- The British Constitution
- Personal Statement to Thomas Jefferson School of Law
- Personal Statement to Baylor Law School
- The Law Field