LAW08010 2022 Child law
Full Title
Child law
Transcript Title
Child Law
Code
LAW08010
Attendance
N/A %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
08 - NFQ Level 8
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_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
Description
This module addresses the substantial body of child law, including perspectives and sources of children's rights before progressing into more substantive aspects of child law such as child protection, standards in alternative care settings for children, mental health and offences against children. The course also engages with court-craft in the context of the child. The influence of the constitution and international conventions in shaping child law is a central theme running through the module.
This module maps to the CORU Standards of Proficiency below:
Domain 1: Professional Autonomy and Accountability
Domain 3: Safety and Quality
Domain 5: Professional Knowledge and Skills
Learning Outcomes
On completion of this module the learner will/should be able to;
1.
Critically appraise the nature of the legal framework pertaining to alternative care for children (Domain 1.1, 1.5, 1.9, 1.13, 3.13, 5.1, 5.14)
2.
Assess the significent role played by international conventions in influencing and shaping the rights of children at national level and furthermore how children can participlate in realising rights denied due to maladministration. (Domain 3.13, 5.1)
3.
Trace the development and critically analyse the law relating to offences against children with particular focus on the committal of sexual offences and legislative efforts made to combat them. (Domain 1.1; 1.3; 1.4;1.5; 1.9; 1.10; 1.13)
4.
Engage with court practice and procedure including preparing reports and the giving of evidence including that by children (Domain 5.1)
5.
Analyse regulatory provisions relating to the vulnerable child, including those suffering from mental health and those seeking asylum (Domain 1.1, 1.5, 5.1)
6.
Explore issues concerning best interests of child and wishes of child in the context of judicial and administrative decisions (Domain 1.1, 5.1)
Teaching and Learning Strategies
Formal lecture and weekly seminars -
case studies, case scenarios, visiting lecturers
Module Assessment Strategies
Final Exam - 50%
self-directed researched written assignment - 50%
This modules assessment allows for assessment of CORU Standards of Proficiency as follows:
Self-directed researched written assignment (Domain 1.1, 1.5, 1.9, 1.13, 3.13, 5.1, 5.14)
Final Exam ( All remaining Domains/ SOP's as set out in learning outcomes 2-6)
Repeat Assessments
as above
Indicative Syllabus
1 Children in alternative care
- Child Care Act 1991 as amended
- Emergency orders including special care orders
- children in alternative care - regulations and standards
2 Criminal offences and children
- committal of offences against children including sexual abuse;
- protective legislation for children:- the Children Act, 2001; Criminal Justice Act 2006; Reckless endangerment; Protected Disclosures Act, 2014, Withholding Information Act, 2012
3 Children and the court system
- civil, criminal and public law
- evidence of children - video-link, in chambers, taking the stand,
- representation of children - party to proceedings, guardian ad-litem
- report writing for court
4 miscellaneous
- best interests and wishes of child
- children and consent issues
- succession rights of children
- Ombudsman for Children (OCO)
5 International dimension of child law
- United Nations Convention on Rights of Child
- European Convention on Human Rights
- European Convention on Exercise of Children's rights
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 - individually selected | Coursework Assessment | Assignment | 50 % | Week 8 | 1 |
End of Semester / Year Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | Final Exam - formal | Final Exam | Closed Book Exam | 50 % | End of Term | 2,3,4,5,6 |
Full Time Mode Workload
| Type | Location | Description | Hours | Frequency | Avg Workload |
|---|---|---|---|---|---|
| Lecture | Tiered Classroom | Lecture | 2 | Weekly | 2.00 |
| Tutorial | Tiered Classroom | 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
Recommended Reading
2020 Child Law Round Hall
2020 Child Law Round Hall
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.
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
2016 Law of Child Care
ISBN 1907325409 ISBN-13 9781907325403
2016 Law of Child Care
ISBN 1907325409 ISBN-13 9781907325403
Recommended Reading
2018 Sexual Offending in Ireland
ISBN 1905536933 ISBN-13 9781905536931
2018 Sexual Offending in Ireland
ISBN 1905536933 ISBN-13 9781905536931
The topic of sexual offending is a deeply complex and challenging one. In the past number of years, there has been a growing interest in sexual crime with a proliferation of cases provoking controversy around sentencing and continuing questions about the adequacy of the current law. Sexual Offending in Ireland: Laws, Procedures and Punishment offers an accessible and comprehensive account of the relevant law in relation to sexual offending in Ireland. It incorporates an examination of developments in domestic legislation and case law, detailing the substantive and evidentiary rules, as well as sentencing practice and supervision of sexual offenders. Part 1 of the book provides a comprehensive account of the substantive law on sexual offences, covering the primary sexual offences against adult victims, as well as those relating to victims who are under the age of consent or who have limited decision-making capacity. Part 2 looks at procedural issues surrounding trial and evidence. It incorporates a critical analysis of recent developments in evidence-related issues that have arisen in recent years. This part covers the special rules of evidence which apply in sexual offence trials, as well as describing the special procedures which may apply in sexual offence trials to protect victims from secondary victimisation. Part 3 provides a comprehensive examination of how those convicted of sexual offending are sentenced in the Irish courts, and explains the post-release orders and requirements a convicted sex offender may be subject to in the aftermath of imprisonment. The book also discusses the recent reforms introduced under the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Bill 2016, examining the implications these reforms will have upon the trial and punishment of sexual offenses. This is a timely addition to commentary on the law in this unique area. [Subject: Criminal Law, Irish Law, Sexual Offenses]
Module Resources
Non ISBN Literary Resources
Best Interests of the Child E. Mc Partland 3rd ed (2020) Boru Press
Children's Rights in Ireland, Law Policy and Practice, Ursula Kilkelly (2008) Thomsom Roundhall
Medical Law in Ireland Simon Mills and Andrea Mulligan (2017) Gill & Macmillan
Children's rights and the Developing Law J Fortin Butterworths 2003
Constitutional Law in Ireland J Casey Round Hall Sweet & Maxwell 2000
Constitutional Law F. Ryan 2018 3rd ed Gill & Macmillan 2018
The Child and the European Convention on Human Rights U Kilkelly Ashgate 1999
The Politics of Children's Rghts F Martin Cork University Press 2000
The Child Care Acts P Ward Thomson Round Hall 2005
On Behalf of Child: Child Welfare, Child Protection and the Child Care Act H Ferguson and P Kenny 2005
Updated Literary Resources
Journal Resources
Law gazette
Irish Jurist
Dublin University Law Journal
Irish Journal of Family Law
URL Resources
www.irishstatutebook.ie www.oireachtas .ie www.irlgov.ie www.courts.ie
www.tusla.ie www.unicef.ie www.childrensrightsalliance.ie
www.irlii.org www.lawreform.ie www.europa.eu.int
www.echr.coe.int/ECHR www.irishlaw.org www.citizensinformation.ie
www.oco.ie www.barnardos.ie
Other Resources
Bunreacht na hEireann
Acts of the Oireachtas and statutory instruments
International Conventions
Reports - Law Commission Reports Departmental reports various other public body reports International reports
Additional Information
Guest lecturers