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

Author

Listed:
  • Judith Cashmore

    (School of Education and Social Work, University of Sydney, Sydney 2006, Australia)

  • Peiling Kong

    (Sydney Law School, University of Sydney, Sydney 2006, Australia)

  • Meredith McLaine

    (Sydney Law School, University of Sydney, Sydney 2006, Australia
    School of Law, University of Wollongong, Wollongong 2522, Australia)

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.

Suggested Citation

  • Judith Cashmore & Peiling Kong & Meredith McLaine, 2023. "Children’s Participation in Care and Protection Decision-Making Matters," Laws, MDPI, vol. 12(3), pages 1-26, June.
  • Handle: RePEc:gam:jlawss:v:12:y:2023:i:3:p:49-:d:1161761
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    References listed on IDEAS

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    1. Margaret Bruce, 2014. "The Voice of the Child in Child Protection: Whose Voice?," Social Sciences, MDPI, vol. 3(3), pages 1-13, September.
    2. Keddell, Emily, 2023. "Recognising the embedded child in child protection: Children’s participation, inequalities and cultural capital," Children and Youth Services Review, Elsevier, vol. 147(C).
    3. Vis, Svein Arild & Fossum, Sturla, 2013. "Representation of children's views in court hearings about custody and parental visitations — A comparison between what children wanted and what the courts ruled," Children and Youth Services Review, Elsevier, vol. 35(12), pages 2101-2109.
    4. Toros, Karmen & DiNitto, Diana Maria & Tiko, Anne, 2018. "Family engagement in the child welfare system: A scoping review," Children and Youth Services Review, Elsevier, vol. 88(C), pages 598-607.
    5. Enroos, Rosi & Stein Helland, Hege & Pösö, Tarja & Skivenes, Marit & Tonheim, Milfrid, 2017. "The role and function of the spokesperson in care order proceedings: A cross-country study in Finland and Norway," Children and Youth Services Review, Elsevier, vol. 74(C), pages 8-16.
    6. Gerdts-Andresen, Tina, 2021. "A scoping review of when and how a child’s view is weighted in decision-making processes in law proceedings," Children and Youth Services Review, Elsevier, vol. 129(C).
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    Cited by:

    1. Haarberg, Frøydis Lønborg, 2024. "What do we know about children’s representation in child protection decisions? A scoping review," Children and Youth Services Review, Elsevier, vol. 160(C).
    2. Dominique Moritz & Ben Mathews, 2023. "A Continuum of Protection to Empowerment: The Evolving Legal Landscape of Decision-Making for Children and Adolescents," Laws, MDPI, vol. 12(6), pages 1-14, December.

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