CHCCS400C - Legal and Ethical Responsibilities Within The Work Environment

[beccab28]

I have currently just finished the first section of my assignment, I am very nervous about handing it in and want some guidance on how I am going so far.

Are my answers ok?

a) Short answer questions
1. Briefly explain the components of the National Quality Framework (NQF), and state how each component influences an educator’s practice in an education and care setting.
• A new national quality standard - to provide clear and consistent standards in early childhood education and care services across Australia, including staffing ratios and workforce qualifications requirements
• A quality rating system - to better inform parents about the quality of each early childhood education and care service
• A new national regulatory approach - to streamline licensing, regulation and quality assurance requirements, and reduce the administrative burden on service providers
• A national Early Years Learning Framework - to guide educators on delivering quality learning programs for children from birth to five year of age

http://deta.qld.gov.au/publications/ann ... dhood.html

2. In your own words, define ‘duty of care’ and explain ways you could exercise your duty of care in an early childhood education and care setting, in particular:
Duty of care means looking out for the safety and wellbeing of the children under your care to minimise any possibly harm. There is also a general duty of care of all employee’s to ensure their health and safety in the workplace.
- when setting up the indoor environment – Making sure everything is child safe and making sure the children aren’t in harm’s way when setting everything up
- at snack and meal times – Ensuring the child are supervised while eating and making sure the children don’t get a hold of anything that they can chock on
- When supervising outdoor play - All children are supervised at all times, especially if there is any water around and make sure they have sunscreen and a hat.
3. Briefly explain why it is important for educators to understand the policies and procedures of their workplace.And educator must demonstrate an understanding of the legal responsibilities and obligations of their designated job role. A worker also has legal rights within the workplace. An educator must demonstrate knowledge of key statutory and regulatory requirements relevant to their role.
4. Explain how you think the Code of Ethics could help you in your work role.It would teach me how to deal with an ethical dilemma, how I should behave and provides principles for assist me in my duty of care and day to day responsibilities.
5. Describe the principles of ethical decision making, and then provide one example of when you may need to apply these principles in an early childhood education and care setting.
Some of the principles include – respect, democracy, honesty, integrity, justice and courage.
I would apply these principles by the way I spoke to colleagues, parents and even children. How I treat people and handle everyday situations.

6. Outline your legal and ethical responsibilities and obligations towards:
- a child with mild Asperger’s
- a child with same sex parents
•promote equality between men and women
• eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
• Eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs.
- a child with a severe disability
• eliminate discrimination against people with disabilities
• promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community, and
• Ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.
- A child whose family does not speak English at home.
• promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, and
• Make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful.
https://www.humanrights.gov.au/our-work ... egislation
Workplaces must promote equality for everyone, regardless of their age, gender, race, colour, or ethnicity, disability or impairment, martial status, sexual preference, political or religious beliefs, physical features or personal association.
Reference – Page 16 of learner guide
7. Describe some behavioural indicators you might observe, as an educator, that that could indicate that a child is being abused or maltreated.• Showing little or no emotion when hurt
• Wariness of their parents
• Age-inappropriate sexual behaviour
• Stealing food
• Excessive friendliness to strangers
• Wearing long sleeves or pants when its hot (To hide bruises)
8. What strategies would you use to manage a child protection issue such as suspected abuse of a child?
If the child was to come forward I would remain calm and be supportive by telling them that you believe them and thanking them for coming forward. I would be a listener and not conduct any form of interview with the child. Contact the department and keep all information confidential.
If a parent was to tell me that a child was abused but has assured me that the person who abused wasn’t in contact with the child, I would still inform the department.
With suspected child abuse I would remain alert, observe the child, pay attention to any changes in behaviour and seek expert advice.
9. When dealing with a possible child abuse situation, why is confidentiality important for the child and the child’s family?
There are not only legal and binding principles and practices of the requirement to maintain confidentiality. It is very important in a child abuse situation to protect from possible further harm.
10. Describe ways that you can uphold the rights of a child in your care, in keeping with the United Nations Convention on the Rights of the Child.
Development rights – child have a right to education, play, leisure, cultural activities, access to information, and freedom of thought, conscience and religion. Making sure that the child have access to learning material and play equipment, also making available any material a child would need to learn any culture and religion their desire.

[Lorina]

Hi Becca,

Great responses! Well thought out and you answer each of the questions to the point. I would probably add another strategy to the following question:

8. What strategies would you use to manage a child protection issue such as suspected abuse of a child?

If you suspect child abuse you will need to provide evidence to support your claim. So, you will need to gather observations on the child's behaviour at different times throughout the day, record and provide detailed conversations you have had with the child on possible abuse claims, take photos of any signs of physical abuse the child shows, provide details on the family background/situation if known... So basically when making a claim to the department it's good to be prepared with evidence and facts to ensure the child gets the necessary support.

All your responses are really good! I just wanted to add my thoughts on the question above...

Hope this helps and Good Luck with your submission!

,
Lorina

[beccab28]

Hi Lorina,

Thank you so much for you input, its great to know I am on the right track.

I have just finished the last of the assignment if you are able to check?

Case study 1
You are working in an early childhood education and care service when a women approaches and says ‘I am Astrid’s aunty and her mum has asked me to pick her up today’. You refer to information provided at enrolment and only one person, her mother, is authorised to pick her up. What would you do and why?
I would contact the mother (the authorised person) to inform and get authorisation for the aunty to pick up the child. As part of my duty of care I need to ensure that only the authorised person noted on the enrolment form are to have access or collect the child.
As part of my duty of care, I will need to ensure that I am aware of who is authorised on the enrolment form and allow only the person(s) who signed the form or their nominees to access for collect the child.
“State and territory licensing and regulatory processes for the provision of childcare services stipulate that a child may only be collected from a childcare service by a parent or authorised person. The National Quality Standards under the National Quality Framework reiterate this position”
http://www.earlychildhoodaustralia.org. ... hild-care/
Case study 2
Imagine that you are an educator in a family day care setting. Briefly describe the actions you would need to take to exercise your duty of care to a 2 ½ year old child playing at the water trough in your backyard.
First thing that would need to be done is to make sure the child has a hat, sun lotion and proper protective clothing for the sun. I would then make sure there is an adult with clear view of him at all times.
It is my duty of care to make sure all children are safe in the water and protected by the sun at all times.
http://www.decd.sa.gov.au/docs/document ... tionan.pdf - Section 2.a.ii and iii

Case study 3
A mother asks you that her children not be released into the care of their father. You review the information provided upon enrolment and see that a formal parenting plan has been provided to the service which list both parents as eligible carers. What would you do and why?
Since both parents are listed on the enrolment forms I cannot legally refuse the father from picking up the children. I would inform the mother that she would have to contact the courts and get a court order in place so we are able to legally refuse the rather to up the child.

Case study 4
A father makes a complaint to you that his 4 ½ year old, Jacob, is not learning enough at the service. He is frustrated that the educators let him get dirty during the day when they could be ensuring he is ready for school. What would you do and why?
I would make a time to be able to talk to Jacob’s father in private, reassuring him that it is my duty to the child and family to provide the best care and education possible. I would let him know that children are always learning whether or not they are playing or have a book in their hand that Jacob is developing skills and taking an interest and we are getting his ready for school. I would show Jacob’s father the day to day programs and how we come up with the activities we do and why. I could suggest that Jacob have an old set of clothes that he could wear to child care and if Jacob’s father still wasn’t happy get the centre director to have a chat to him and maybe try and arrange more activities that his father would be happy with.
It is my duty of care to work with the family members to make sure that everyone is happy with the care their children are under while they are away and to make sure they feel confident their children are learning.

Case study 5
You have a disagreement with a co-worker where you work. The problem has been left unresolved, and is now impacting your interactions and daily communication with each other leading to further misunderstandings and frustration. What would you do and why?
Depending on the seriousness of the situation, I would try my best to resolve the issue one on one, if that continued to fail I would then talk to the centre manager and ask advice on what to do. Maybe mediation with the manager in the room may help.
It is my duty to report the unethical conduct to a superior within the service.

Case study 6
You are friends with a co-worker on a social networking site. Over the past few weeks you have noticed posts on her page about other staff where you work. These posts are derogatory and inappropriate. What would you do and why?
I would have a chat to my co-worker and let her know that some of the posts she has made over the last few weeks are not appropriate and that the staff that these are aimed at could find out and be upset by these not only that if our manger were to find out it could jeopardise her job.
If once I spoke to her it didn’t stop I would then go to the manager and let her know of the situation, it is my responsibility to the centre to uphold the code of ethics and report any issues which can affect it.

Case study 7
A 2 year old girl, Hong Hanh, is about to start care at the education and care service where you work. It seems that no English is spoken at home by Hong Hanh or her family. You are having difficulty communicating with her parents about the enrolment process and cannot find out the necessary information to help Hong Hanh successfully transition into care prior to commencing care. What would you do and why?
I would get an interpreter that is able to speak Hong language and arrange a private meeting where Hong and her family and I are able to arrange the best methods in accommodating Hong and her family like translated materials. I would also look into it and suggest a couple of English groups the family could go to and also start teaching Hong English while she is at client care, as long as the family is comfortable with the plan.
It is my duty to make sure all child and family feel welcomed and happy.

Case study 8
A 3 ½ year old boy, Ghani, who attends the service where you work refuses to feed himself. He will not eat finger food, and you believe that he does not know to hold a spoon or fork. You approach his mother to discuss your concern who simply says ‘I feed him’. What would you do and why?
I would make a time to speak to Ghani’s mother and first understand why it is that she is feeding him. I would let the Ghani’s mother know that while Ghani is in our care it is important that he be able to feed himself as we have other children eating at the same time. I would let her know that when Ghani goes to school the importance of him being able to feed himself and look after himself is even higher so the earlier he is able to feed himself the better.
I would then ask if she would like help and we could sit down and work out a routine where we are both able to help him at home and child care. It is my legal and ethical responsibility to be welcoming and provide a safe, non-discriminating environment for both child and family.

Case study 9
A father tells you that his newly enrolled 2 year old daughter, Alyssa, is a ‘biter’ and gives you permission to smack her if she bites a child. What would you do and why?
I would advise the father that no matter what the situation we do not smack or hit the children, not matter what the case or if we had permission or not. I would let him know that we will put a plan in place to manage the biting so he learns not to do it. I would also suggest that if he would like some suggestions he could use at home I will be more than happy to help.
It is my duty to work with the child and family to come to the best solution for both the child and the family.

Case study 10
You are assisting a 3 year old boy, Barry, with toileting when you notice bruising on his thighs. When asked what happened, Barry looks at the ground. On taking a closer look, you see that bruising also appears on his back and upper torso. The bruises are of different colour, some are yellow and brown, where others are more red and purple. It seems they are similar in shape and size. What would you do and why?
Staying within the boundaries applicable to my job, I would assure Barry that he can come and talk to me whenever he needs to and make him feel safe. I would seek advice and assistance from a supervisor before advising the department of the bruises, child abuse doesn’t usually go away and usually becomes more serious over time. Not acting on suspicion may result in further harm to the child.

If I could get your input on these answers it would be greatly appreciated

thank you

[beccab28]

Also I am totally stuck on what to write for this questions:

6. Outline your legal and ethical responsibilities and obligations towards:
- a child with mild Asperger’s

Would it be something like:
Make the child and family feel welcome and comfortable
organise a plan to make sure the child gets he right attention he needs

Stuff like that?

[Lorina]

Great Becca! Just adding a few more suggestions to some of your scenarios:

Case Study 1
If someone comes to pick up a child that is not on the child's enrolment, you need to ring the parent to confirm who is picking up the child and the name of the person. It's best to get 2 educators to confirm this from the parent, that way there is no understanding. When you get the persons full name, when they collect the child you need to ask them for photo id to verify their details. Once this is confirmed then the child can go with them. Next time parent comes into the centre they should add this person to their child's enrolment form and sign it.

Case Study 8
Give Ghani a choice to use his hands to feed himself. Cut/chop food up so child is able to feed himself using his hands. If he refuses food give him an alternate choice. Talk to mum positively on how independent Ghani is becoming and how he is beginning to develop self help tasks and skills on his own. Provide examples to mum on how he is able to put his shoes on, put his jacket on by himself and how during this time you can also casually mention how Ghani can start feeding by himself as he needs to develop this skill for when he goes to big school.

Case Study 10
Red and purple bruises indicate they are recent while yellow and brown bruises indicate they are a few days old. Make an observation record on what you have observed and note down the size and location of the bruises on the child's body. Discuss with director and file a report with child protective services.

Here is some information regarding a child with Aspergers. I think you need to provide specific strategies based on this child's additional need, of support:

CHild With Aspergers

Hope this helps,

,
Lorina

[rahela]

Hey can someone please help me with question: What is duty of care? Explain how duty of care affects a learning environment.

[rahela]

I know what duty of care is but i don't know what it means by explain how duty of care affects a learning environment.
This is what i wrote for what is duty of care:
Duty of Care is when someone is obliged to take the responsibility and to ensure the safety or well-being others.

[Mughal]

I think it should be duty of care as an educator to children to families to colleagues
and as far as learning environment concerned it is our duty to take of care of children and help them learn while allowing them to intake certain level of risk (Dignity of risk ) at the same time protecting them against any harm