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THE SOCIAL WORKER HAS TAKEN YOUR CHILD.... NOW WHAT?

 Child Protection Resource


Both social workers have to operate within a transparent legal structure and have no sound legal excuse to do so without. Any decision to take care of a child-except for a very short period-has met the standards laid down in legislation.

We recognize that the working relationship between social workers and parents will break down often. But note always that even though you find the social worker hard to deal with, it's the court that makes the final decisions, not the social worker.

Here we have provided an explanation of the key legal processes. Here, we also look at the investigation and referral procedures.

The education department has issued guidelines on how the Children's Act works here

Each and every decision concerning child safety must be made separately, taking into consideration all the evidence at the time. Even a group of siblings living with the same parents would be regarded separately instead of making a general statement that they should all be treated the same way.

If you have had a child removed before, if you become pregnant again social workers may like to make confident that you will be able to look after this baby and will work with you to perform an examination and assist you in obtaining any assistance you may need.

And if your social worker determines that you are not currently able to look after this baby, to support this decision, they need to provide proof. Your social worker can not just point to the fact that you have taken care of a previous child, because they need to get an independent judge to conclude that there is a legitimate reason to remove this infant.

Section 1 of the Children Act 1989 imposes a legislative responsibility to place the child's needs first. Sometimes that means helping parents so children can stay with them at home, as it will be in the child's best interests. Where this is not practicable, or where the courts consider this would not be in the best interest of the child, the court may issue an order to separate a child from their parents. This does not mean that the effect this will have on you is not concerned with your social work, but that they are obligated to put the child first and foremost.

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