Children’s Participation in Care and Protection Decision-Making Matters

Abstract

Laws and policies in different jurisdictions provide a range of mechanisms that allow children involved in child protection processes and care proceedings to express their views when decisions that affect them are being made. Whether these mechanisms facilitate children’s involvement and whether they result in children’s views being heard and “given due weight in accordance with the age and maturity of the child”, as required by article 12 of the UN Convention on the Rights of the Child, is the focus of this article. The law, policy and practice in New South Wales, Australia, are used to provide a contextual illustration of the wider theoretical and practical issues, drawing on international comparisons and research. It is clear there is still some way to go to satisfy the requirements of article 12 in Australia and other jurisdictions. These mechanisms often do not provide the information children need to understand the process, nor do they consistently encourage meaningful participation through trusted advocates who can accurately convey children’s views to those making the decisions. It is generally unclear how children’s views are heard, interpreted, and weighted in decision-making processes. The research findings from a number of countries, however, are clear and consistent that children often feel ‘unheard’ and that they have had few opportunities to say what is important to them. A number of conclusions and practice suggestions are outlined for how the law could better accommodate children’s views.

A Continuum of Protection to Empowerment: The Evolving Legal Landscape of Decision-Making for Children and Adolescents

“…Adolescents' participation in society is essential to ensure just treatment of this important social group (Patton et al 2016(Patton et al , 2018Sawyer et al 2012). As shown by many of the articles in this Special Issue, ensuring greater participation by children and adolescents is essential for best practice and good outcomes in a range of settings spanning child care and protection decision-making (Cashmore et al 2023); medical decision-making (Jowett et al 2022); and forensic interviewing in child sexual abuse investigations (Holder et al 2023). Enhanced participation also boosts civic engagement, and will enhance social policy, and ensure pressing social issues are more fully understood and can be remediated by appropriate social policy.…”

“…Legal and policy frameworks provide a range of mechanisms aiming to involve children who are the subject of child protection processes and care proceedings to express their views about decisions that affect them. Cashmore et al (2023) considered the extent to which these mechanisms facilitate children's involvement and whether they result in children's views being heard and given due weight in accordance with the child's age and maturity, as required by the UNCRC art 12. Through a review of existing work, and a novel analysis of law, policy and practice in New South Wales, Australia, Cashmore et al (2023) identified how children want to be involved in decisions which affect them.…”

“…Cashmore et al (2023) considered the extent to which these mechanisms facilitate children's involvement and whether they result in children's views being heard and given due weight in accordance with the child's age and maturity, as required by the UNCRC art 12. Through a review of existing work, and a novel analysis of law, policy and practice in New South Wales, Australia, Cashmore et al (2023) identified how children want to be involved in decisions which affect them. This analysis also demonstrated how the integrity of the process through which children's participation is secured is so important: trust in caseworkers, advocates and decision-makers, including courts, goes a long way to empower children.…”

“…Cultural practices, backgrounds and perspectives are not always considered in facilitating children's involvement in decision-making, but are essential considerations. Cashmore et al (2023) concluded that both in Australia and other jurisdictions around the world, much work remains to be completed in order to listen to children's views and comply with art 12 in this context. Current mechanisms often do not provide children with the information they require to understand the nature of the court process.…”

Exploring the Fulfillment of Children’s Hadhanah (Well-Being) and Conformity with the 2014 Child Protection Law

“…No matter their distance, parents must defend their children's hadhanah rights. [34] According to Article 14 of the Child Protection Law, a parent is responsible for a child's care, support, education, living expenses, and healthy growth and development when they divorce. These benefits will shape the child's character.…”