Barnardos Tomorrows Child Conference: Children and the Courts

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Barnardos Tomorrows Child Conference Children
and the Courts Freda McKittrick, Guardian ad
Litem/Head of Service, Barnardos
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• UN Convention on the Rights of the Child, Article
  12 childs right to be heard in judicial
  proceedings
• National Childrens Strategy children will have
  a voice in matters which affect them
• 1991 Child Care Act give due consideration to
  the wishes of the child

Childs Right to a Voice
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• 1991 Child Care Act Care and Related
• Care Supervision Orders, Access Arrangements,
  Reviews.
• High Court
• Special Care Detention, Wardship, Adoption
  (rare).
• Private Law
• Custody and access disputes in family breakdown
  S47 reports
• Order 7 District Court Rules
• Representing minor parents with children in Care
  Proceedings

Proceedings
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• Making it up as we go along?
• There is currently no framework for Guardian ad
  Litem regulation and no universally recognised
  standards.
• Where next?
• Role of CAAB in introducing regulation and
  standards Child Care (Amendment) Act
• Work has taken place and draft document drawn up.
• CAAB will be incorporated into OMYCA

Current Context
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• Barnardos Requires
• Social Work Qualification or equivalent
• Plus 5 years experience
• Sound knowledge of
• assessment
• child care
• child development
• legal welfare systems
• skills in communicating with children

Barnardos Requirements
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• Barnardos Provides
• Standards
• Supervision
• Support
• Training
• Administration
• Review
• Screening

Barnardos Framework
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• Identify and represent the wishes of the child
• Assess the needs of the child within the
  proceedings
• Examine childs position within their family
• Examine the plan for the child
• Identify areas that need to be addressed
• Write full report on childs situation and needs
• Recommend outcomes
• Attend Court

Work of the Guardian
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• Suitably Qualified person
• Views and Interests
• Address Risks
• Constitutional Rights
• Look at Care and also Represent within
  proceedings
• Meet Minor re detention and care
• Aware of Family views re detention and care
• History

• Interact within professional meetings
• Report opinion and comment on plans
• Onward placement
• Work with HSE re disputes, inform court promptly
  of concerns
• Role re Absconsions
• Inform Court re role in review

MacMenamin in DK 2007 (unreported)
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• ensure the child has a voice in matters that
  affect them
• ensure the childs interests are the paramount
  consideration when decisions are being made about
  them
• promote the childs rights and needs in the court
  system

Guardians Role
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If you have two arms, two legs, a head and you
dont hit anyone, you have access to all the
services. Once you are a little bent, it falls
apart and society has trouble providing
services. when a Guardian ad Litem is acting
in the childs best interest, the child can sense
that and trust them. Because of this, the
Guardian ad Litem is the best person to negotiate
with a child during a time of crisis. Roger
Killeen
What Others Say (Rebecca Foley Study 2007)
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• Mary in care since age 2, 20 placements and
  through Special Care
• ..it is hard to be in care because so many
  people come into your life and you tell them your
  story, and then they leave and you have to tell
  it to someone new.

What Children Say about their social workers
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• I think shes a good social worker, but Ive
  never really gotten on with any social workers,
  probably because they are social workers. It is
  their job to give the bad news.
• I dont think many people like their social
  worker. I may not get on with my social worker,
  but she does what shes supposed to do, even
  more.
• Dont tell anyone. I dont want her to know I
  like her.
• Ally age 17

What Children Say about their social workers
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• Guardian helped Mary to remember what she liked
  about herself.
• She said that she really didnt know why I went
  wrong, I was very good when I was younger, I
  enjoyed school, I liked learning.
• Guardian helped me to remember that I used to
  be a nice person.
• Mary age 20

What Children Say about their Guardians
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• if you cant form the words that you want to
  say, theyll help you do that. They just help to
  get done what needs to be done. Jenny (17)
• Ally explained that a Guardian ad Litem is
  someone to help me out with advice or if I dont
  think my social worker is doing what she is
  supposed to be doing. A social worker is there
  to help if there is any problems with my family,
  to read my logs at my placement. A Guardian ad
  Litem goes by what I tell him.
• Ally age 17

What Children Say about the difference
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• Only 20 25 of children in care proceedings are
  represented. A handful of children in private law
  proceedings
• advocate for the rights and needs of children
  subject to specified proceedings and increase the
  percentage of children represented
• continue to review and develop Best Practice
  Standards
• campaign for provision of independent,
  accountable and resourced Guardian ad
  Litem/Family Court Support services

Barnardos Role
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• Freda McKittrick, Head of Service, Dublin
• Brenda Coyne, Administrator
• Tel [phone] fax [phone]
• Leinster, North Midlands Team
• Miriam Lyne, Service Co-ordinator, Cork
• Eilish Walsh, Administrator
• Tel [phone] fax [phone]
• Cork, South, West Team

Team Contact Details
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Barnardos supports children whose well-being is
under threat, by working with them, their
families and communities and by campaigning for
the rights of children.Barnardos was established
in Ireland in 1962 and is Irelands leading
independent childrens charity.
About Barnardos