LAW07024 2022 Child and Family Law
Full Title
Child and Family Law
Transcript Title
Law 2
Code
LAW07024
Attendance
80 %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
07 - Level 7
Credit
05 - 05 Credits
Duration
Semester
Fee
€
Start Term
2022 - Full Academic Year 2022-23
End Term
9999 - The End of Time
Author(s)
Deirdre McCaffrey
Programme Membership
SG_HSOCI_H08 202200 Bachelor of Arts (Honours) in Social Care Practice
SG_HEARL_H08 202200 Bachelor of Arts (Honours) in Early Childhood Care and Education
SG_HEARL_G07 202200 Bachelor of Arts in Early Childhood Care and Education
SG_WSOCI_B07 202200 Bachelor of Arts in Social Care Practice
SG_WSOCI_H07 202200 Bachelor of Arts in Social Care Practice
SG_HEARM_H08 202300 Bachelor of Arts (Honours) in Early Childhood Care and Education
SG_HSOCP_H08 202300 Bachelor of Arts (Honours) in Social Care Practice
SG_HSOCI_H08 202300 Bachelor of Arts (Honours) in Social Care Practice
SG_HEARL_H08 202300 Bachelor of Arts (Honours) in Early Childhood Care and Education
SG_HEARL_G07 202400 Bachelor of Arts in Early Childhood Care and Education
SG_WSOCI_B07 202400 Bachelor of Arts in Social Care Practice
SG_HSOCP_H08 202400 Bachelor of Arts (Honours) in Social Care Practice
SG_HEARM_H08 202400 Bachelor of Arts (Honours) in Early Childhood Care and Education
Description
On successful completion of this module, learners will have a good knowledge of law as it applies to social care practice. International and domestic legal measures play a significant role in shaping the life circumstances and experiences of families and individuals. Accordingly, there is a formidable body of relevant legal concepts, principles and rules that the social care practitioner must be familiar with when working with service users in this context.
Fundamental /human rights as they relate to both the traditional and non-traditional family unit will be examined as a foundation for the module with progression towards a study of legal relationships between adults and those between adults and children.
The module engages with the child protection regulatory framework covering the wide ambit of duties imposed on the state to safeguard the child's welfare whilst in the home or if removed from the home. Both the civil and criminal code is explored relating to domestic violence thus facilitating critical analysis of the dual safeguards operating within the judicial system. Relevant provisions in international human rights conventions relating to autonomy and legal capacity will be analysed leading to an examination of these rights, structures, supports and safeguards in place under domestic law. The law relating to disclosure will also be examined in the module.
The module continues to create an awareness of the significance of fundamental/human rights as set out in international law and the reflection of these norms within the domestic legal framework.
This module maps to the CORU Standards of Proficiency below:
Domain1: Professional Autonomy and Accountability
Domain 2: Communication, Collaborative Practice and Team working
Domain 3: Safety & Quality
Domain 5: Professional Knowledge and Skills
Learning Outcomes
On completion of this module the learner will/should be able to;
1.
Critically analyse the special position and authority afforded to the marital family in the Constitution in the context of the myriad of family units prevalent in Irish society. (Domain 1.8, 1.23)
2.
Examine relationship contracts between adults and salient legal concepts that operate in relationships between adults and children (guardianship, custody and access) (Domain 1.1, 1.3, 1.5, 1.8)
3.
Examine the constitutional rights of the child and the key legal principles underlying child protection with particular emphasis on the legal relationship between the State and parents. (Domain 1.1, 1.3, 1.4, 1.5, 1.6, 1.9, 1.12, 1.13, 5.2, 5.3)
4.
Ascertain how the international and domestic legal framework aims to ensure the safety of persons living and interacting in domestic relationships. (Domain 1.1, 1.9, 4.2, 4.3)
5.
Extract and evaluate core principles, values and principles pursuant to both international human rights and domestic law to enhance and prolong the right to autonomy of service users with reduced capacity. (Domain 1.1, 1.3, 1.5, 1.9, 1.13, 1.15, 1.16, 5.2, 5.3)
6.
Apply regulatory provisions relating to disclosure. (Domain 1.4, 1.5, 1.9, 1.12, 1.14, 5.3)
Teaching and Learning Strategies
This module will be delivered face to face through a mixture of lectures and tutorials. The module is also designed to accommodate blended learning. The teaching and learning strategy will be founded on student-centred active learning. Students will have the opportunity to learn by engaging with a diverse range of methods including case studies, problem solving, discussion and peer learning. The student will be expected to be competent in the use of computer aided learning packages which will support their learning such as Moodle, Teams, Panopto and Adobe Connect.
Module Assessment Strategies
Continuous assessment e.g. Case study / applied based assignment = 50%
Final exam = 50%
This modules assessment allows for assessment of CORU Standards of Proficiency as follows:
Continuous assessment LO 1 and 3 (Domain 1.1, 1.3, 1.4, 1.5, 1.6, 1.8, 1.9, 1.12, 1.13, 1.23, 5.2, 5.3)
Final Exam LO 2,4,5,6 (Domain 1.1, 1.3, 1.4, 1.5, 1.8, 1.9, 1.12, 1.13, 1.14, 1.15, 1.16, 4.2, 4.3, 5.2, 5.3)
Repeat Assessments
Repeat requirements will depend on failed components and a repeat assessment strategy will be developed based on this.
Indicative Syllabus
Indicative Syllabus
1. Critically analyse the special position and authority afforded to the marital family in the Constitution in the context of the myriad of family units prevalent in Irish society.
- Constitutional family rights - Art 41
- Marriage/co-habitation
- Breakdown of adult relationships; ancillary orders
2. Examine relationship contracts between adults and salient legal concepts that operate in relationships between adults and children (guardianship, custody and access)
- Adoption Act, 2010
- Guardianship of Infants Act, 1964
- Child and Family Relationships Act, 2015 (including best interest factors)
3. Examine International and Constitutional rights of the child and the key legal principles underlying child protection with particular emphasis on the legal relationship between the State and parents.
- Art 19 of the UNCRC; Art 42 A of the Constitution Child Care Act: (duty on State to protect children)
- Child Care Act, 1991 as amended
- Protection of Persons Reporting Abuse Act, 1998; Criminal Justice Act, 2006
- Criminal Justice (Witholding of Information relating to Offences Committed against Children and Vulnerable Persons) Act, 2012
- Sex Offenders Acts
4. Ascertain how the international and domestic legal framework aims to ensure the safety of persons living and interacting in domestic relationships.
- Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)
- Domestic Violence Act, 2018 (injunctive relief available and enforcement)
- The criminal code as linked to domestic violence including coercive control
5. Extract and evaluate core principles, values and principles pursuant to both international human rights and domestic law used to enhance and prolong the right to autonomy of service users with reduced capacity.
- UNCRPD - Article 12
- The Assisted Decision Making (Capacity) Act, 2015
- Role of the Decision Support Service
6. Apply regulatory provisions relating to disclosure
Protected Disclosure Act, 2014
* This is a comprehensive module with diverse components across the social science sphere - it will not be possible to deliver all elements in similar detail, therefore an element of selection will be necessary on a year to year basis.
Coursework & Assessment Breakdown
Coursework & Continuous Assessment
50 %
End of Semester / Year Formal Exam
50 %
Coursework Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | assignment / oral exam | Coursework Assessment | Assessment | 50 % | Week 5 | 1,3 |
End of Semester / Year Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | Ongoing Exam - formal | Final Exam | Closed Book Exam | 50 % | End of Term | 2,4,5,6 |
Full Time Mode Workload
| Type | Location | Description | Hours | Frequency | Avg Workload |
|---|---|---|---|---|---|
| Lecture | Tiered Classroom | lecture | 2 | Weekly | 2.00 |
| Tutorial | Flat Classroom | seminar / tutorial | 1 | Weekly | 1.00 |
| Independent Learning | Not Specified | IL | 3 | Weekly | 3.00 |
Total Full Time Average Weekly Learner Contact Time 3.00 Hours
Required & Recommended Book List
Required Reading
2012-04-13 Irish Social Work and Social Care Law Gill Education
ISBN 0717152669 ISBN-13 9780717152667
2012-04-13 Irish Social Work and Social Care Law Gill Education
ISBN 0717152669 ISBN-13 9780717152667
A new textbook that introduces students to the law governing the practice of social work and social care in Ireland. Provides a clear and concise guide to both the legal framework and the substantive law relating to social care and social work. Presents social care and social work law in an accessible manner, focusing on the specialist functions performed by social care professionals such as child protection, adoption and fostering, disability and mental health. Discusses both child law and the law relating to vulnerable adults in an Irish context. Considers the broader issues that affect service users in a social care context such as domestic violence, youth justice and the asylum system. Written For: Undergraduate and postgraduate students of: - Social Work - Social Care - Applied Social Care - Social Studies - Youth and Community Studies - Child Protection and Welfare A new textbook that introduces students to social care and social work law, concepts and structures in Ireland. Provides a clear and concise guide to both the legal framework and the substantive law relating to social care and social work law. Presents social care and social work law in an accessible manner, focusing on the specialist functions performed by social care professionals such as child protection, adoption and fostering, disability and mental health. Discusses both child law and the law relating to vulnerable adults in an Irish context. Considers the broader issues that affect service users in a social care context such as domestic violence, youth justice and the asylum system.
Recommended Reading
2018-07-02 Child Law in Ireland
ISBN 1911611097 ISBN-13 9781911611097
2018-07-02 Child Law in Ireland
ISBN 1911611097 ISBN-13 9781911611097
'Child Law in Ireland' provides a comprehensive and accessible analysis of the Irish child law system. It incorporates examination of Ireland's international obligations in this area arising under the United Nations Convention on the Rights of the Child (UNCRC) and the European Convention on Human Rights (ECHR), as well as examination of the Irish Constitution and the domestic legislative framework. The book addresses a wide range of child law topics including children's rights; parentage; donor-assisted human reproduction and surrogacy; guardianship, custody and access; child protection; representation and participation; and education. Child Law in Ireland examines current Irish law and addresses contemporary issues in a range of areas. This includes discussion of timely legal developments such as the Assisted Reproduction Bill 2017; the Children and Family Relationships Act 2015; the Adoption (Amendment) Act 2017; the Adoption (Information and Tracing) Bill 2016; the Children First Act 2015; and the Education (Admission to Schools) Bill 2016, among others.
Recommended Reading
2020 Child law Thomson Round Hall
2020 Child law Thomson Round Hall
Recommended Reading
2022 Whistleblowing and the Protected Disclosure Act Clarus
2022 Whistleblowing and the Protected Disclosure Act Clarus
Recommended Reading
2018-05 Constitutional Law in Ireland
ISBN 1911611062 ISBN-13 9781911611066
2018-05 Constitutional Law in Ireland
ISBN 1911611062 ISBN-13 9781911611066
"Constitutional Law in Ireland" is an essential guide to the core principles and provisions of Irish Constitutional Law and is a new addition to the student focused Core Text Series. This book is written primarily for third level students who are covering Irish Constitutional Law as part of their law degree or related studies. Designed and written as an introductory text to the key principles of Irish constitutional law this book covers all the basic aspects of constitutional law, including the following: The constitutional history of Ireland; The concepts of the Nation and State with relation to the constitutional position of Northern Ireland, Ireland in the EU and International Relations; A consideration of the doctrine of the separation of powers, the organisation and powers of the organs of government, including the Oireachtas, the Cabinet, the Courts and the President; Constitutional Rights including Family, Life, Education and constitutional justice; The process of constitutional interpretation, amendment and reform including a consideration of proposed referendums. "Constitutional Law in Ireland" is an excellent introduction to this key area of undergraduate study, and can also be used as an ongoing revision and reference source to provide extra support to students throughout their studies. (Series: The Core Text Series) [Subject: Constitutional Law, Irish Law]
Module Resources
Non ISBN Literary Resources
McPartland E. (2020) Best Interests of the Child 3rd ed Boru press
Ryan F. (2018) Constitutional Law Dublin: Round Hall Dublin 3ed
O’ Brien Z. and Prangnell M. (2015) Childhood Social, Legal Health Studies Dublin Gill Education
Bracken T. (2016) The Modern Family Relationships and the Law Dublin: Clarus Press
Ni Choileanin CecIlia, (2017) Criminal Law 4th ed, Round Hall, Dublin
Nestor J. (2011) Introduction to Family law Dublin: Gill & Macmillan 4th ed
Nestor J. (2009) Law of Child Care Dublin Blackhall Publishing 2nd ed
Kilkelly U (2008) Children's Rights in Ireland Law Policy & Practice Dublin: Thomson Roundhall
Coulter C. (2012) Family law in Practice A Study of Cases in the Circuit Court Dublin:
Updated Literary Resources
Journal Resources
The Law Gazette
Urish Jurist
Dublin University Law Journal
Irish Journal of Family Law
URL Resources
www.irishstatutebook.ie www.oireachtas.ie www.courts.ie wwwww.tusla.ie
www.lawreportingproject.ie ww.oco.ie www.bailii.org www.dcya.ie www.uncrc.org www.unicef.org
www.justice.ie www.citizensinformation.ie www.childrensrights.ie www.treoir.ie www.womensaid.ie
www.barnardos.ie www.garda.ie www.sage.ie www.inclusionireland.ie www.nda.ie www.gov.ie
Other Resources
Bunreacht na hEireann
Draft Guidance on a Human Rights-Based Approach to Care and Support in Health and Social Care Settings - HIQA
Acts of the Oireachtas and Statutory Instruments - various
United Nation Convention on Rights of Child
United Nation Convention on Rights of Persons with Disabilities
Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)
Reports by Law Reform Commission and Ombudsman for Children
Various other miscellaneous reports - details provided in class
Additional Information
A court visit to be undertaken, if practicable, during the programme.