Child and the Law Essay Example | Topics and Well Written Essays - 3000 words

Child and the Law - Essay Example (B) Brief Facts In this problem Julie and Keith Morgan got married and begot 3 children, namely, Carly, Robbie, and George aged 16, 13 and 10 respectively, also known to the local authority in Somerfield. Keith has been imprisoned severally for dealing in drugs and petty theft. Their children were found wondering and loitering in the city on a Saturday evening. Carly was drunk and is allegedly engaging in prostitution. Robbie and George are mixing with older boys-involved in criminal activities. The local Authority is concerned and wishes to protect and safeguard them. Issues 1. Whether the Social Services Department (local authority) has any legal authority in both scenarios? 2. If issue 1 is answered in the affirmative, what are the powers and duties of the Local authority? 3. What is the Forum and procedure in the circumstances? Law applicable a) The Adoption and Children’s Act, 2002 [cap 38] b) The Children’s Act, 1989 [Cap 41] c) The Child Care Act, 2006 [cap 21] d ) The Children’s Act, 2004 [cap 31] e) The Children and Young Persons Act, 2008 [cap 23] f) The Local Services Act, 1970 [cap 72] g) Case law. Resolution of issues Issue No1: Yes. The local authority is vested with legal powers and duty to take care and protect any child from all forms of abuse â€Å"(Children’s Act, 2004, s.17 and 18).† A local authority is a â€Å"non- metropolitan organization† charged with the duty of protecting and safeguarding children who have been abandoned by their parents or who are being abused and neglected (Nigel and Douglas, 2007, P.693). Accordingly Section 1 and 7 of â€Å"the Local Authority Social Services Act (1970)†empowers Local authorities to protect and safeguard vulnerable children. Additionally, Section 17 and 18 of â€Å"the Children’s Act 2004)† and Section 31(10) and 47 of â€Å"the Children’s Act (1989)† empower an authority to investigate the vulnerability, neglect and abuse of children with the aim of gathering evidence that will assist the authority in discharging its duties. However, while investigating negligence and abuse of children, the authority should respect the rights of parents towards their children. Premafacie parents have rights and duties over their children and should not be deprived of that primary responsibility in what had been referred to as â€Å"family privatization† ( Nigel & Douglas, 2007, P. 477). For this reason, it’s the primary responsibility of the local authority to firstly promote the upbringing and safeguarding of children in cooperation with parents until they are unwilling to cooperate where upon the authority is empowered by law to take over that responsibility. Hence, it shall be the duty and power of the local authority to provide adequate care if children have been subjected to mental, physical and psychological impairment in their development. In doing so, regard should be given to â€Å"the childà ¢â‚¬â„¢s welfare as a paramount consideration (Children’s Act (1989, s.1 (1)).† The â€Å"welfare principle† is the litmus paper in protecting and safeguarding children from significant harm which the Social Services Department is obliged to fulfill. Welfare simply means the overall upbringing of children including the financial, moral, spiritual and general makeup of children. When the Local Authority has weighed the needs, wishes, risks, choices and all forms of circumstances surrounding the children as well as those of their parents, adherence to the â€Å"

Nursing Assignment Example | Topics and Well Written Essays - 250 words

Nursing - Assignment Example But if the person with a history of chemical dependency is no longer engaging in drug use, he is protected by ADA from employment discrimination, provided he has been in recovery long enough to have become stable. This means the employee is in a long term recovery programs with long term abstinence from drug use. In the case of the employee taking patients’ medication for self-use, the first step would be to establish whether the employee is addicted. Confronting the employee to admit that he diverted the drug for his own use is the next step. Firing the employee may not be the best option here. The Human Resources department would place the employee on a medical leave of absence and help her report to a drug rehabilitation facility. On completion of the in-patient portion of the drug rehabilitation program, the Human Resources should then fire her on gross misconduct involving diversion of patient’s drugs. Under the Americans with Disability Act, drug addiction is considered a disability. But here he won’t be qualified under ADA since he is engaged in the illegal use of drugs. The legal section will be able to take over from here and handle the case if the employee decides to sue the organization. That will, however, be a futile