Eleanor Finch
In the context of child welfare, a child in need of aid refers to a child who has been removed from their home by the state and is made a ward of the state. These cases are often referred to as CINA cases, and they differ from ordinary custody cases in that the state has legal authority over the child, and the dispute is between the state and the parents. The determination of whether a child is in need typically involves an assessment of the child's health, development, and family situation to ensure their needs are being met and their welfare is promoted.
| Characteristics | Values |
|---|---|
| Definition | A child in need is one who is unlikely to achieve or maintain a reasonable standard of health or development without the provision of services from the local authority. |
| Local Authority | Local authorities are expected to provide a range of services for children in need and promote their welfare. |
| Assessment | A 'child in need' assessment will identify the needs of the child and ensure that the family is given the appropriate support to safeguard and promote the child's welfare. |
| Intervention | Social work intervention or services for the child require the parents' agreement. |
| Consent | Young people, particularly those aged 16 or over, should be asked for their consent for social work intervention or services. |
| Child Welfare Cases | Child welfare cases are called Child in Need of Aid (CINA) cases in Alaska. Other states have different names for these types of cases, e.g., "dependency" cases in Washington. |
| Tribal Court | When requesting the transfer of a CINA case from state court to tribal court, the Tribe should submit a Petition to Transfer ICWA CINA Case to Tribal Court and a Proposed Order. |
Explore related products
What You'll Learn
Child in Need Process Map
This process map outlines the steps for identifying and supporting a child in need, in accordance with the Children Act 1989.
Step 1: Identifying a Child in Need
A child is considered 'in need' if they meet any of the following criteria as outlined in Section 17(10) of the Children Act 1989:
- Unlikely to achieve or maintain a reasonable standard of health or development without the provision of services from the local authority.
- Their health or development is likely to be significantly impaired without the intervention of local authority services.
- The child is disabled.
Step 2: Referral and Assessment
A child can be referred to social care for an assessment by a parent, doctor, GP, or health visitor. The assessment will be carried out by a qualified social worker and will address the following:
- The impact of family functioning, history, and environmental factors on the parents' ability to respond to the child's needs and the child's developmental progress.
- If there are other children in the household or elsewhere who should be included in the assessment.
Step 3: Developing a Child in Need Plan
If a child is identified as 'in need', a child in need plan will be developed. This plan will outline the support provided to the child and/or family by children's services. The plan will include the timeframe for support and review dates. The first review should be held within 3 months, with subsequent reviews every 6 months.
Step 4: Providing Services
Local authorities have a duty to provide a range of services to support the child and promote their welfare. This can include working with other agencies to ensure the child's needs are met.
Step 5: Parental Agreement and Consent
Parents' agreement to social work intervention and services is necessary. Young people, particularly those aged 16 or over, should also be asked for their consent.
Step 6: Tribal Involvement (where applicable)
In cases involving tribal children, such as in Alaska, the tribe has the right to participate and advocate for the child. The tribe can request a transfer of the case from state court to tribal court under the Indian Child Welfare Act. The tribe can intervene at any point but ideally as early as possible to ensure effective advocacy.
The Nature of Bonds in Valence Bond Theory
You may want to see also
Child in Need Plan
In the UK, a 'Child in Need' assessment under Section 17 of the Children Act 1989 will identify the needs of the child and ensure that the family is given the appropriate support to safeguard and promote the child's welfare. A child will be considered in need if they are unlikely to achieve or maintain a reasonable standard of health or development without the provision of services from the local authority, or if their health or development is likely to be significantly impaired without such services.
A child in need plan will contain the support provided to a child and/or family by children's services. The first step is to conduct a Single Assessment by a qualified social worker to determine whether a child is 'in need'. This assessment will analyse the potential short-term and long-term implications for the child if their identified needs are not met. It will also address the impact of family functioning, history, and environmental factors on the parents' capacity to respond to their child's needs. The plan will also specify the timeframe, including the first review within 3 months and further reviews at least every 6 months.
Parents' agreement to any social work intervention or services for their child is necessary, and young people aged 16 or older should also be asked for their consent. If consent is refused, additional guidance should be followed. The child-centred approach is fundamental to safeguarding and promoting the welfare of every child, ensuring that decisions about their lives are made in partnership with them and their families.
In the US, particularly in Alaska, child welfare cases where the state removes a child from their home are called Child in Need of Aid (CINA) cases. These cases differ from ordinary custody cases as the state has legal authority over the children, and the dispute is between the state and the parents. The Indian Child Welfare Act guarantees the right of the child's Tribe to participate as a party in any CINA case. The Tribe can request the transfer of a CINA case from state court to tribal court, but the case will not be transferred if the tribal court does not accept it or if the child's parents object.
A Well-Researched Survey: What's the Ideal Number of Participants?
You may want to see also
Child in Need of Aid cases (CINA)
When the state removes a child from their home, it must petition the state court to approve the removal and make the child a ward of the state. The child's tribe has a right to participate as a party in any CINA case in Alaska, as guaranteed by federal law: the Indian Child Welfare Act. The tribe can request a transfer of the case from state court to tribal court under 25 U.S.C. 1911(b) of the Indian Child Welfare Act. However, the case will not be transferred if the tribal court does not accept it, if either parent objects, or if another party convinces the court that there is "good cause" to keep the case in state court.
The Indian Child Welfare Act also allows the tribe to intervene at any point during the CINA case, and the earlier they intervene, the more effectively they can advocate for the child. The tribe should file an intervention packet, which includes a petition to transfer the case to tribal court and a proposed order.
In the UK, a child in need is defined by Section 17 of the Children Act 1989 as a child who is unlikely to achieve or maintain a reasonable standard of health or development without the provision of services by a local authority. This also includes children whose health or development is likely to be significantly impaired without such services, and disabled children. Local authorities have a duty to safeguard and promote the welfare of children who are 'in need' and to promote their upbringing by their families, providing a range of services appropriate to the child's needs.
The Supreme Court: Our Constitution's Highest Court
You may want to see also
Explore related products
Child welfare cases
In CINA cases, the state must petition the court to approve the removal and make the child a ward of the state. This process may involve emergency removals before a court hearing or lawyer appointment, where family members can refer to resources like the KNOW YOUR RIGHTS pamphlet to understand their basic rights. The tribe can request to transfer the case from state court to tribal court under the Indian Child Welfare Act, but the transfer is subject to the tribal court's acceptance and the absence of objections from the parents.
To determine if a child is in need of aid, assessments are conducted by qualified social workers to identify the child's needs and ensure appropriate support. These assessments consider factors such as family functioning, history, environmental influences, and the child's developmental progress. The local authority or safeguarding boards have a duty to provide a range of services to support children in need, including health and development services, and to promote their welfare.
Strict Constitutional Interpretation: A Conservative Favorite?
You may want to see also
Child-centred approach
A child-centred approach is key to understanding and addressing the needs of children who require aid. This perspective places the child at the heart of decision-making, ensuring their best interests are the primary consideration. It involves listening to and valuing the child's voice, respecting their rights, and empowering them to participate in decisions that affect their lives.
At the core of a child-centred approach is the recognition of children's unique strengths, perspectives, and capacities. It involves seeing each child as an individual with their own experiences, needs, and aspirations. This means that interventions and support are tailored to the specific needs of each child, ensuring a personalised response that takes into account their cultural background, family situation, and individual circumstances.
One of the fundamental principles of a child-centred approach is participation. This means involving children actively in decisions that affect them and ensuring they have a say in the matters that concern their lives. It involves providing children with age-appropriate information, explaining their rights and options, and encouraging them to express their views and preferences. By doing so, children are empowered to have a sense of control and agency over their lives, which can foster resilience and self-advocacy skills.
A child-centred approach also emphasises the importance of working collaboratively with families and caregivers. This involves recognising the critical role that families play in a child's life and working in partnership with them to address the child's needs. It may involve providing support and resources to strengthen the family unit, enhancing their capacity to provide a safe and nurturing environment for the child. This collaborative approach aims to promote family stability and ensure that the child's needs are met within their own family and community whenever possible.
Furthermore, a child-centred approach takes into account the child's broader ecosystem, including their community, school, and social environment. It involves engaging with these systems and seeking support from them to ensure the child's needs are met holistically. This may include involving community leaders, teachers, mentors, and peers who can provide additional layers of support and contribute to the child's well-being. By working collaboratively with these systems, the child's sense of connection and belonging is fostered, promoting their overall
What Congress Can't Do: Exploring Constitutional Limits
You may want to see also
Frequently asked questions
A 'child in need' assessment is carried out by a qualified social worker to determine whether a child falls under the definition of a child in need.
A child is considered in need if they are unlikely to achieve or maintain a reasonable standard of health or development without the provision of services from the local authority.
If a child is deemed to be in need, the local authority will provide a range of services to support the child and their family.
In a child welfare case, the state has legal authority over the child. The child may be removed from their home, and the state must petition the state court to approve the removal and make the child a ward of the state.
