Justice and welfare in the Children and Young Persons (Care Orders) Act, 1980 : competing or complementary ideologies?

Abstract

Children are people, not objects of concern, and like any other member of society, they have rights. These rights reflect the specific needs of children that include: life, shelter, clothing, education, health, protection and leisure amongst others. Bringing up a child is the primary responsibility of the parents, or of those who are vested with parental authority, and it is also the State1 s role to help the family. The welfare of a child is paramount, because children are vulnerable, and need special care, protection and control. These three factors are the basis of the 'Children and Young Persons (Care Orders) Act, of 1980. Prior to the enacting of such Act, children who encountered difficulties in the family were usually dealt with either under the 'Industrial School and Houses of Correction Ordinance', or under the ‘Approved Schools Ordinance'. The 'Industrial School and Houses of Correction Ordinance empowered the Civil Court of Voluntary Jurisdiction to admit a minor under fourteen years of age, into such an institution in certain instances which included: begging, homelessness, under improper control, who had no means of subsisting himself, destitute, orphan, associating with persons of bad moral character, whose parents were in prison, or of an unruly character and beyond control. Hence, such an Ordinance dealt with those minors who can be considered as being non-offenders. The 'Approved Schools Ordinance', on the other hand, dealt those minors who were considered as being offenders, and who were found guilty of an offence punishable with imprisonment. Such minors were sent to these schools while awaiting trial. This Ordinance also gave the power to the Court of Magistrates as a Court of Criminal Judicature to make a similar order on an application by the Director of Social Services. This could only take place if the Court was satisfied that the minor, still under sixteen years of age, was- leading a life, that would likely make him fall into delinquency or a depraved life. These Ordinances were both repealed once the 'Children and Young Persons (Care Orders) Act Of 1980 came into effect. This Act, which is usually also referred to as the Care Orders Act, deals with both offenders and non-off enders and encompasses the social welfare, social intervention. The Care Order Act was first introduced in 1980, came into effect on the 29th November 1985, and was first used in 1987 […]. A Care Order can be made, either by a Court of Criminal Jurisdiction, or by the Minister for Social Welfare, whereby, a child or young person (who is under the age of sixteen) is placed or taken into the Minister's care. Such measures, are necessary, if the natural family unit is unable, or not competent enough to provide the child or young person with care, protection, and control. Once such a situation arises, the responsibility is shifted onto the State which in return delegates its responsibility to Social Workers or Welfare Officers who will be acting to further the welfare of the child. The 'Children and Young Persons (Care Orders) Act' of 1980, aims at promoting a notion of partnership, between families with children in need, and those who provide the service, the Welfare Officers.