Mobility,migration and rights in the European Union: critical reflections on policy and practice

This article assesses developments in European Union (EU) migration policy and practice and their implications for rights regulation in the Union, as revealed in this special issue and the wider literature. It identifies how rights are constituted in the complex and multivalent policy-making field of the EU. The article views rights as constituted in the process of migration governance. This governance analysis puts centre stage an assessment of the links between policy, policy-making and policy's social and political ordering effects. The article argues that the significance of the Union needs to be analysed against different aspects of rights regulation. The article adopts an analytical framework which discriminates between the discursive framing of migrants' rights, the specification of such rights in Union and member state policy, and the shaping of rights by actors in context at the local level. The article concludes that, first, the Union has begun to play a significant role in regulating mobility rights across its territory in ways which can undermine the substantive or normative rights accessible to migrants in practice. Second, its policy and legal role are politically significant as it asserts the role of the EU as a source of regulatory authority over the distribution of rights for citizens and non-citizens within its territory.     

Managing the flow of private information on children and parents in poverty situations: Creating a panoptic eye in interorganizational networks?

In this article, we discuss how the flow of private information about children and families in poverty situations is managed in interorganizational networks that aim to combat child poverty. Although practices for sharing information and documentation between child and family social work services are highly encouraged and recommended to create supportive features for parents and children, this development often results in undesirable forms of governmentality. Interorganizational networking also creates controlling side effects because the exchange of information in networks of child and family services may wield a holistic power over families. We theorize this issue by using the Foucauldian concepts of the panopticon and pastoral power, which allows us to grapple with the major tension between support and control in the information‐ and documentation‐sharing practices of social workers. A critical analysis of our empirical data reveals four central fields of tension in which social workers and their organizations must position themselves: (a) craving control and handling uncertainty, (b) using and misusing private information and trust, (c) constructing families as subjects and objects of intervention, and (d) including and excluding families.     

The rights of the child and ethnic minority families in Sweden

The United Nations Convention on the Rights of the Child (UNCRC) was launched in 1989 and is ratified in most countries. The UNCRC is considered by child welfare authorities worldwide to be an essential document that aims to improve the rights of children. However, contemporary research indicates that the UNCRC is an obstacle to social work because it emphasizes the legal equality between children and adults. This finding prompts the question of how Western child protection agencies conduct child protection encounters with families with a non-Western ethnic background. The present article aims to examine if specific articles in the UNCRC can serve as a medium for improving social work with ethnic minority families within the child protection sector in Sweden. This article is based on a research project concerning youths with an ethnic minority background in out-of-home care. Relevant articles in the UNCRC are revealed to be potentially helpful to child protection programmes involving ethnic minority families because these articles emphasize considering the perspective of the child and strengthening parenting skills. However, child protection agencies must consider how the UNCRC can be used to teach parents or guardians to understand and acknowledge the perspective of the child without violating the values of the family.     

Multi‐agency information practices in children's services: the metaphorical ‘jigsaw’ and professionals quest for a ‘full’ picture

As there are a number of high‐profile public inquiries into child death tragedies, ‘information sharing’ has now become a moral and political imperative across England and Wales for improving the welfare and protection of children. This paper discusses multi‐agency information practices, at the stage of referral, which were observed and documented in the day‐to‐day practice of child protection work. Drawing on transcribed, professional narrative accounts, a ‘jigsaw’ metaphor is used to describe the process of piecing information together to ascertain a ‘full’ picture of children and families lives. However, these accounts highlight that there is something of a mismatch between the jigsaw, as articulated in the conceptual abstract accounts, and jigsaw practices operating on the ground. It is argued that abstracting professional information practices from situated contexts creates impoverished understandings of these practices. Thus, reported findings in this paper highlight the inherent complexities of jigsaw practices in the ‘everyday’ of child protection work, which challenges objectivist assumptions about a stability of meaning, and further highlight that the ‘endpoint’ of reaching a ‘full’ picture of a child's life is not fixed, nor does it have the same meaning for all professionals, but rather it is a complex process involving sense‐making, translation in context and organizational relevance.     

Regulating child care: from the Children Act 1948 to the present day

This article reflects selectively on the development of the legal regulation of child care practice in England and Wales since the Children Act 1948. Two main themes are identified: the burgeoning burden of the statutory responsibilities of local authorities throughout the period, and the controls more recently imposed on the discretionary exercise of statutory powers. The impact of the latter on particular areas of practice is discussed within the context of the growing influence of international treaty obligations, the concept of children's rights, and the outcomes of research on the legal framework of child care practice.     

Children and safety in Australian policy: Implications for organisations and practitioners

Child safety is now a national policy priority in Australia. Extensive enquiries and reviews have escalated legislative and policy responses focused on developing, maintaining and monitoring “child safe” organisations. The recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse point to the importance of cultural conditions within organisations in supporting child safety and the need for responsive change in some organisations. Drawing on a recent policy analysis, undertaken as part of a larger Australian Research Council Discovery Project, this article examines how children and safety are constructed, within and across relevant state and federal government policies in Australia, and the implications of this. Distinctions are drawn between conceptualisations of children within the broader education policy context and two specific policy contexts in which children are considered particularly vulnerable to abuse – out‐of‐home care and disability. The findings indicate that policy discourses of “child safe” potentially foster different emphases and approaches in organisations. These have implications for the way children are positioned in relation to their safety, how their rights are recognised and implemented, and what is required to foster cultural conditions within organisations to best support children’s safety and wellbeing.     

The participation of parents in the protection system: The case of the Spanish legislation

Working with the families of origin of children and adolescents (CA) who are in the CA protection system is essential to achieve reunification, which is the ultimate objective when planning foster care; it is a scientific, social and professional challenge that must be included in the legislation of each country. For this, it is essential that the laws consider and regulate the participation of families in decision-making during foster care and subsequent reunification processes. We analysed 22 laws enacted through Spanish legislation, both national and regional, that regulate the protection of children. The study focuses on analysing how the Spanish legislation contemplates the participation of parents during foster care and subsequent reunification. The Spanish legislative texts do not expressly, clearly and effectively include the participation of parents. They are limited to the punctual recognition of acts of notification and hearing and, where appropriate, of opposition to certain resolutions. Spain lacks a general legal framework that supports and guarantees the necessary participation of the family in the protection system. The focus on the recognition of the rights of CA in laws as a result of international pressure has relegated the legal protection of the rights of parents, mainly in their right to be heard.     

Child and Family Policies in the United States at the Opening of the Twenty-first Century

A repeated theme, characterizing US social policies toward children and their families, is that the US has no explicit family policy, nor does it have a coherent package of social policies that are targeted on children and their families. Nonetheless, there is general agreement that the US does have policies that have consequences for children and their families, and that many of these might constitute 'implicit' family policies. However, these policies tend to be limited in scale, coverage, and generosity and are usually categorical and narrowly focused. They lack the comprehensiveness and universality of policies in other advanced industrialized countries. Furthermore, the US has consistently invested a significantly smaller share of GDP in children and their families than almost all the other such countries. One consequence is that the situation of children in the US seems to be much worse than that of children in other advanced industrialized countries. In more recent years, however, there have been some efforts at improving child and family policies and the story now is a mixed one—but there remain major deficits in our policies and programs. Fortunately, children's issues are emerging on the national policy agenda. In this article, we describe current US child and family policies, touch on earlier history for context, and discuss the issues facing the US as we enter the twenty-first century. Ultimately, we need to confront the question of what can be done now to advance the children's cause on the national agenda.     

Child protection systems between professional cooperation and trustful relationships: A comparison of professional practical and ethical dilemmas in England/Wales,Germany, Portugal,and Slovenia

This paper explores practical and ethical dilemmas for professionals when securing the protection of children in the complex non‐clinical setting of individual families. It is based on a cross‐country study on cultural encounters in interventions against child physical abuse and neglect in four countries (England/Wales, Germany, Portugal, and Slovenia). Drawing on national reports of legal‐organizational frameworks and socio‐cultural backgrounds of European child protection systems, it also presents the results of a series of focus groups with professionals. Data were analysed to identify implicit and explicit discursive constructions as well as normative representations and from this deriving the key ethical issues and dilemmas. Despite a shared normative framework across Europe, intervention cultures vary across the four countries and between the different stakeholder groups. Although each child protection system faced widespread mistrust, policy approaches differ, some relying on strong and detailed guidance whereas others stress professional skill and judgement. We conclude that despite a shared commitment to the protection of children, deliberations and perceived ethical dilemmas suggest interdependency between differences in system cultures and policy approaches that inform the character of professional interventions in the four countries.     

The documented layer of children's rights in care order decision‐making

The recognition of children as rights holders is a true challenge for any policy and practice that involves children, but it is even more so for making decisions about taking children into care. This article departs from the view that when children are perceived as bearers of rights, this should also be reflected in the institutional documents of decision‐making. That is why the documented layer of decisions about taking a child into care is examined here. The empirical data consist of documents of hearings (prehearing and hearing reports) in which children (33) are asked to give their view about a proposed care order and placement in Finland. The documented layers of involving children as rights holders are divided into two types: a minimalist type and a more individualised, thorough and detailed type. The former type represents children as rights holders in a routinised manner, whereas the latter one treats them in a particularised manner: how this particular child in this particular hearing received and gave information and on what grounds her/his view rested. As the documents may have some controversial implications, the recording of children as rights holders should not be treated as an isolated and technical issue.     

The proof of the pudding: What difference does multi‐agency working make to families with disabled children with complex health care needs?

More than 20 years of research with disabled children, young people and their families has highlighted the need for the different professionals and services that support them to work more closely together. The British policy and legal framework for ‘joined up working’ has never been stronger. However, there has been an assumption that multi‐ or inter‐agency working will inevitably be a ‘good thing’ for families. This paper discusses findings from a 3‐year research project which looked at both the process and impact of multi‐agency working on families with a disabled child with complex health care needs. Interviews with 25 parents and 18 children and young people who used six developed, multi‐agency services were carried out. Findings suggested that the services had made a big difference to the health care needs of disabled children but were less able to meet the wider needs of the child and the family – particularly in relation to social and emotional needs. Multi‐agency working appeared to make some positive, but not significant, differences to the lives of families.     

Information and communications technology use in rural child welfare work

This study explores the impact of information and communications technology (ICT) use on rural child welfare practice using a technology-in-practice framework to derive the social structures that are instantiated by rural child welfare workers (CWWs) and to examine their agency as actors. ICT use was tracked, and interviews were conducted with rural CWWs who work with children and families to gain an understanding of and describe their day-to-day ICT use at the practice level. Findings demonstrate that CWWs enact social structures along four frames: bureaucratic structure, family centricity, ICT context and information–documentation culture. In terms of agency, CWWs not only are constrained by but also exert some influence on the social structures they enact through facilities (material resources), norms and interpretive schemes. These findings have implications for how ICT can be used to facilitate the CWW–client relationship and the need in rural areas for increased infrastructure to support CWWs.     

Challenges of operationalizing trauma‐informed practice in child protection services in New Zealand

New Zealand is undergoing major change in service delivery to children and families. A new Ministry for Children Oranga Tamariki has been established to oversee 5 work streams, one of which provides intensive intervention with families requiring a statutory response to child protection concerns. The government minister responsible promised that the service would be child‐centred and trauma‐informed. To date, these terms remain undefined, and there is no shared understanding of their meaning. Practice frameworks to support the work of the new ministry are still being developed, creating something of a vacuum in the meantime. The focus of this paper is the challenge of implementing trauma‐informed practice in the child protection service provided by the Intensive Intervention work stream. Limited research or commentary on trauma‐informed practice in this context currently exists. Drawing on the relevant available literature, the concept and its application in child protection social work is explored. An ecological framework is used to discuss the changes needed to achieve this. Particular attention is paid to the impact of historical trauma for indigenous people due to New Zealand's colonial history and their over‐representation in care and protection services.     

Everything for the Children: Orphans Growing Up in Informal Adoptive Families in China

Most orphaned children in China are cared for by their extended families or become state wards under the guardianship of child welfare institutions. Some exceptions are children who are found and cared for by families in the community, without a formalized adoption or foster relationship. In some locations, institutions now accept guardianship for these children and support the informal adoptive family to continue to care for them. This article examines the outcomes for these children as they became young adults by comparing these 12 children raised within the system as they approach or have approached young adulthood (now aged 16–40 years-old). Some of the participants were either informally adopted or lived in institutional care. The results of this study found that the family environment was more conducive to the young people’s wellbeing as they approached or entered adulthood. The participants raised in informal care appeared to be treated similar to the biological children in these families. When the institution formalized the state guardianship responsibility, it also meant the families had state resources for support to protect the children’s rights to economic security, education, health care, and social participation. This practice by the institution supported the addition of informal adoption, as one step closer to permanency than foster care. Future implications include considering this option to help promote the family system assisting these children, families, and the state.     

Child Welfare Policy in the United States

Recent developments in child welfare in the United States can be seen as enactments of state paternalism toward families. New programs and procedures in the areas of foster care and “in-home” family services aim to reinforce parents' and childrens' rights, but these rights are typically framed as protections against bureaucratic abuse rather than as rights to basic material resources. The prevailing cultural assumption toward child welfare in the United States is that the government should not intervene in family life unless there is legal evidence of functional failure. Families are still seen as autonomous units that essentially determine their own fates. This ideology serves to limit the public and political perception of more preventive and developmental options.     

Emotion socialization in cultural context: Lessons from Asian-heritage families

Emotion socialization is a critical pathway via which children develop emotional competence valued in their cultural community. This article introduces a multi-level analysis approach as a conceptual and methodological framework to study family emotion socialization in cultural context. Each of the studies in this Social Development Quartet is discussed within the framework in light of emotion socialization in Asian-heritage families. A theoretical synthesis is then provided to highlight a few take-home messages that will help to guide future research endeavors on emotion socialization and development.     

The concept of a child within sub‐Saharan African migrant homes: Reconciling culture and child rights

As international migration increases, the Australian socio‐cultural and political context in which sub‐Saharan African migrant families are settling is causing tension between traditional sub‐Saharan African migrant definitions of child and childhood experiences and host nation definitions particularly when compared with the child protection system. This paper seeks to explore and highlight the fundamental values and differences that determine perceptions and treatment of children within traditional sub‐Saharan African communities. Using a qualitative design, this study was influenced by acculturation theory. Four major themes emerged from the analysis: (a) culture and the sub‐Saharan African child, (b) moulding good children, (c) family functioning and relationships, and (d) host context: perceptions of Australian mainstream parenting. The study found that in order to successfully make decisions that are in the best interest of sub‐Saharan African migrant children that come to the attention of the child protection system, discussions about children rights can only yield good outcomes when the child's socio‐cultural environment is considered.     

‘You've got to trust her and she's got to trust you’: children's views on participation in the child protection system

Participation by children in child protection remains a complex area of practice. This paper presents findings from a qualitative study exploring the views of 26 children, aged 6–17 years, about their participation in the child protection system in England. All of the children were subject to a child protection plan and were living at home at the time of interview. The children's understanding of the child protection process was categorized, and the majority of children, including the youngest, were found be at least partially aware of the child protection process, often struggling to make sense of the professional intervention in their families on the basis of partial information. It is argued that decisions about children's involvement should take into account not only children's age and understanding, but be seen in the context of wider family dynamics. Participation in formal processes such as child protection conferences was experienced as difficult and emotive. The child's relationship with their social worker was central to meaningful participation.