PARENTAL CARE
It is defined as the rearing of a child
especially with love, care and guidance given by a parent. In Kenya, parental
care is provided for in the Children’s Act 2001part III, the constitution Art
53. The provisions assert the duties of a parent to maintain the child, provide shelter, clothing, diet,
medical care, etc.
Parental care is presumed to increase
child growth rate, equality and survival. It is necessary to support child’s
abilities and ensure development of child’s anatomy. The best method of
exercising parental responsibility is through parent-child communication and
not authoritarian parental style.
parents,
child abduction, child trafficking, migration, displacement, armed conflict,
domestic violence, poverty, stigma, children living in the streets, etc.
UNICEF has endorsed guidelines for
alternative care of children adopted by United Nations General Assembly in
2009. The guidelines encourage efforts to maintain children with their families,
if that is not in the best interest of the child, the state is responsible for
protecting the rights of the child and ensure alternative care. Children under
low quality care have a long-term effect in social and emotional development.
In Europe, there are statistics drawn by
the UNICEF to show children’s care. 1.3 million children lived under public
care, only a few lived in large-scale residential care facilities such as
boarding schools or at home. The UNICEF has also assisted in strengthening the
Europe government structure in their laws and policies to integrate guidelines
for alternative care of children , tighten social care and social protection
services to support families and prevent separation and uphold family
reintegration. The proposed guidelines apply in development of strategies and
emergencies.
R
v Nottingham City Council (2008)EWHC 152, it
was held that if there is no PPO and no court order authorising the removal and
any parent does not consent to such removal, the local authority is not
entitled to remove a child from the care of a parent. There must be proper
proceedings , disclosure and a fair procedure adopted at full hearings.
In Re
O (2001) 1 FLR 923,Lord Justice Hale stated that the court should begin
with a preference for the rest interventionist approach. This should be in the
best interest of the child.
Re
C & B (2001) 1 FLR 611,the feared harm to the
subject derived from the mother’s personality traits in stressful situations
such as domestic conflict caused her to be irrational, aggressive, emotional
and incapable of putting the child’s interest before her own. On hearing,
evidence was adduced to show that the child was thriving and had no physical
harm. The child was 10 months old. It was held that it was not in the child’s best
interest to be removed from the only parents and the only home at such a tender
stage of development, where there was no evidence to show immediate harm and
physical risk.
SHELTER
Shelter refers to a basic architectural
structure that provides cover. It is a child’s right for residence , every
child should have a home and a right of residence. Its meant to prevent
children from abuse and neglect. Kenya has sought to develop, implement and
support programs to meet child abuse prevention among the community.
Shelter in Kenya has been interpreted to
mean creating a special mechanism or program to care for child victims. Efforts
have been put to ensure every child has access to their right for shelter. In
so doing, the government implemented programs that avail facilities to cater
for children in need of shelter such as orphanages, child homes, NGO’s also
help provide children with shelter facilities and financial support. The
government personnel provides quality services to children sheltered in
governmental and non-governmental shelter providing institutions.
The right to shelter has been provided
for in the Kenya’s constitution art 53 (1) (c) and in the Children’s Act 2001
Part II
In Miami, there is the establishment of
CASA (Courts Appointed Special Advocate) and special court systems to listen
and decide matters concerning needy, victimised children. There is the creating
of special interview rooms for child victims to avoid child stigmatisation. The
Miami government provides for forensic interview training for all officials
using child care facilities.
The Miami County Child Welfare Agencies
gives volunteers room to create a supervised panel called Family Connections to
ensure families offer good shelter to children. It offers scholarships for
children to the YMCA to give them a secured, safe shelter. It as well provides
Miami County Children Services with high technology camera for the
documentation of child abuse so as to countercheck and try to find a way to
curb such abuse.
In England, there are various cases that
were decided concerning shelter for children as outlined below:
Alarape
& another v Secretary of State for the Home Department, it
was decided that primary care for the child in education may continue to have a
derived right of residence after the child turns 18 years as a result of
extended parental responsibility.
R
V Barking & Dagenham LBC, it was held that
the council’s refusal to reassess the need of the child of a failed asylum
seeker under sec 17 of the Children’s Act 1989, following a change in
circumstance was unlawful.
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