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ACWA 08. Strong safe & sustainable 18-20 August 2008 High needs children at the interface of care and crime A presentation by Roderick Best Director, Legal Services NSW Department of Community Services. ACWA 08.
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ACWA 08 Strong safe & sustainable 18-20 August 2008 High needs children at the interface of care and crime A presentation by Roderick Best Director, Legal Services NSW Department of Community Services
ACWA 08 “No child shall be separated from his parents against his will, except when a judicial authority determines in accordance with the appropriate law, that such separation is in the best interest of the child.” Article 9 CROC
ACWA 08 “No child shall be deprived of his or her liberty unlawfully or arbitrarily.” Article 37 CROC
ACWA 08 Ways to avoid conundrum • bringing the child into care • merging care and criminal proceedings • recognising limitations of casework
ACWA 08 Bringing the child into care • alternatives to maintain family • satisfy grounds for court decision-making • improved care and protection • provision of special assistance to those deprived of family
ACWA 08 Bringing the care system into the criminal • separation for procedural issues • a separation too far • case by case merger
ACWA 08 Child Welfare Agency actions • no power of involuntary examination • no power of involuntary containment • no existing trusting relationship • no background information • no information on other supports • no assurance about impaired care and protection
ACWA 08 Possible responses • continuity of case management • identification of needs • tailoring services
ACWA Thank you