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  • 06 Equity and Rights in Society
  • Children’s Rights
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Handbook

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Children’s Rights

This chapter discusses the significant body of law that governs children; rights and protections. The chapter specifically considers the role of the Commissioner for children, child protection standards and services, the implications of a child protection order or alternative, the rights and duties of parents as well as particular children’s rights and duties.

Care and Protection of Children and Young People

In July 2000, the Children, Young Persons and their Families Act 1997 (Tas) (CYPFA) came into force. The Act is based on the United Nations Convention on the Rights of the Child and establishes the rights of the child to be brought up in a family and the family's responsibility to...

Child Protection

This chapter still needs a description to be added

Mandatory Reporting

Prescribed Persons The CYPFA emphasises that everyone in the community has a responsibility for ensuring that children are safe and protected. In addition, the Act lists the following people (prescribed persons) who are legally required to report their suspicions that a child is be...

Care and Guardianship

Placing a Child in Care A child may be placed with a member of the extended family or in an out-of-home care placement approved by Child Protection Services if the child needs protection and their safety cannot be guaranteed if they remain in the home. Sometimes this placement will change after ...

Order Hearings

Evidence A child and its guardians are entitled to full particulars of the evidence, on the basis of which it will be alleged a child is ‘at risk’, for instance, failure to supply necessary food, supervision and medical treatment. As a matter of practice, the Department does supply to the child,...

Orders in Care and Protection Proceedings

This chapter still needs a description to be added

Options other then Care and Protection Orders

Maintenance A child’s previous guardians have the duty to maintain financially a child who is in the custody or under  the guardianship of the Secretary. The court may make a contribution order (s73, CYPFA). Restraint orders Upon receipt of an application for an assessment order or a care and ...

Protocols

Protocols are arrangements between various Departments or Agencies who may be dealing with the same family. These are put in place in order to make sure that all parties are working towards the same goal, that is the best interests of the child. Protocols exist between the DHHS and the following ...

Parents’ Right and Duties

Parents (and guardians) have the right: to determine the child's upbringing and education; to discipline the child (including reasonable corporal punishment); to consent to the child's adoption; and to take legal proceedings on their behalf. Parents (and guardians) have the duty:...

Children’s Rights and Duties

This chapter still needs a description to be added

Page last updated 19/03/2018

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