CHCCCS - Scenario: Add Michael As Father On Forms

[Janine Garcia]

Your Assignment Module Number and Heading: CHCCCS Working within a relavant legal and ethical framework
Your Assignment Type: Case Scenario
Currently Working in Childcare? Yes
Your knowledge: Professional

Your Question?
You have been working at ACCCO Child care and Out of School Hours Care Service for about a year. The Smith family were already enrolled in the service and you began caring for their eldest Matthew when you began working as an Assistant. They have another child Tamsin enrolled in the service in a younger group. The parents Brenda and Simon both enrolled in children and signed the enrolment form, and from the time they began at the service, they came together to drop off and pick up their children together each day.

About six months ago, you noticed a difference in the family with Brenda coming separately for Simon for pickups/drop offs and parents making negative comments about each other. About a month later, Brenda told you that she and Simon had separated and Simon was moving out on the weekend. Brenda made it clear that they weren’t going to reconcile and she makes statements about how Simon has been spending all their money gambling and was spending too much time at the pub with his mates.

Last month, Brenda arrived with Michael and introduced him as her boyfriend. They both picked up and dropped off the children together from then on and more recently Matthew and Tamsin have been calling him (Michael) Daddy. Last weekend Michael officially moved in with Brenda and her children, but Brenda asked you not to tell anyone especially Simon.

Meanwhile, Matthew’s behaviour has changed at the service. He has become more and more clingy and has had several emotional outbursts involving aggression. Brenda, Simon and Michael have been buying Matthew and Tamsin expensive toys lately and they bring them to the service to show them off. This has been causing disruption in the service. The family are continually forgetting to bring things for the children – three times in the last week they’ve forgotten to bring in a hat and several times this month they’re not provided lunch for their children.

Other Educators are not aware and asked you to take Simon off the enrolment form and put Michael as the Father. She said to you that she doesn’t want Simon to pick them up anymore and not to refer to him as “Daddy” around the children. She also wanted you to treat Michael as the children’s Father.


1. A) What are Brenda’s legal rights in the situation?
B) What are Simon’s legal rights in the situation?
C) What are your legal responsibilities with regard to the mothers request about taking Simon off the enrolment form? How are you going to manage this request?
D) What regulations and/or laws would guide your actions in this situation?

2. What are your duties of care responsibilities to this family?

3. Refer to your job description. What parts of your job relate to this scenario? If you don’t have a job description, then you may use the one of an Assistant included in this unit.

4. A) What would you do to resolve the issue of toys being brought into the service and the family forgetting to bring hats and lunch for the children?
B) What service policies cover these situations?
C) If your service policies do not cover the above situations, what would you do?

5. You have decided it is now time you must tell someone about the family situation. You’ll abide by confidentiality guidelines when doing this.
A) Who would it be appropriate to tell about the family’s situation? Explain why?
B) Who would it not be appropriate to tell? Explain why.
C) Refer to the Code of Ethics, policies and any other documents and describe how this helped you make the decisions on who to tell and who not to tell.

6. Today Brenda came to you asking for advice about custody of the children.
A) How would you respond to this?
B) What service would you refer Brenda to?

What is your answer so far or What have you done so far as an attempt to solve this question?
1. A) What are Brenda’s legal rights in the situation?
She can have Simon’s name removed from access with a legal court order document stating that Simon does not have access. She has the legal right to have Michael come with her to drop off and pick up and add him to the enrolment form as an authorized pickup person.

B) What are Simon’s legal rights in the situation?
Simon has the right to have access to his children at the centre unless there is a legal court order document stating otherwise.

C) What are your legal responsibilities with regard to the mothers request about taking Simon off the enrolment form? How are you going to manage this request?
I legally can’t remove Simon’s name from the enrolment form without a legal court order.
I would inform her of this law and that it would be the same if Simon asked for her to be removed. Also, for the best interest of the children, I would have to stay neutral.

D) What regulations and/or laws would guide your actions in this situation?

2. What are your duties of care responsibilities to this family?
My duty of care responsibilities to this family are remaining professional, neutral, keeping the children’s best interest our focal point, while offering support to the families where I legally can.

3. Refer to your job description. What parts of your job relate to this scenario?
Assisting in the promotion of sound relationships with families in regards to helping

4. A) What would you do to resolve the issue of toys being brought into the service and the family forgetting to bring hats and lunch for the children?
-Discuss with the other staff and review policies regarding toys from home. It may
Be necessary to add it to the policies that toys need to be kept at home. Eg. in Canada we had that rule and if a child was brought with a toy from home the parent had to take it when they left. If it was discovered after they left it was placed in the office. We explained we have toys in the centre use.

-Regarding the hat. A reminder would be sent home and the children could use a spare one. With it continuing over a long period of time, I would start to confirm with the Mom and Michael before they left that the children had a hat and explain that if they had no hat the policy is that they are not able to do any activities out of the shade. That we can’t guarantee there will be enough spare hats.

-Regarding the lunch, I would be very firm and confirm with Mom and Michael when they arrived each morning that there was a lunch and if ask that they drop one off before the designated lunch time. I would go over the policy regarding food, and that we need to ensure children are serviced a nutritious meal and snacks. I would also inform senior staff and it may be necessary to have the director sit down with the family.

5.
A) You have decided it is now time you must tell someone about the family situation. You’ll abide by confidentiality guidelines when doing this. I would privately talk to other staff involving the care of the children, explain that the parents are no longer together, that there are some issues regarding pickup and drop off and let them know I explained that unless there is a legal document on file, that both parents have the legal right to access the children.
However, I would discuss the whole conversation with the NA or Director to let them know the whole conversation in case they needed to be brought in to assist the staff and I in dealing with Brenda and Simon.

B) It would not be appropriate to discuss this matter with any students, other parents or people outside the centre. It is a breach of confidentiality.

C) The Code of Ethics, policies, and job description state


6. If Brenda came to me and asked me for advice regarding custody of the children
I would explain that while I need to stay neutral for the best interest of the children and that I am not trained in legal custody matters; I would say that she could refer she questions to an organization like, Law Access NSW 1300 888 529.

Description and Message:
Hello ....

I am needing some help on locating detailed information for this question. I know the answer from experience in childcare but need to have the regulations to back me up...

It's question no. 1 D...

I know that one parent can not request that another be removed without a court order.. and that it has to be on file at the centre.. but I need to know where it states that in national framework and in regulations...

also if there is anything with the here that I missed or haven't done correctly please let me know



Thanks

[Lorina]

Read through your questions and your answers and you are spot on. Everything you mentioned is right and you’ve covered all the necessary information.

I went through the regulations for you and this is what I found in Education and Care Services National Regulations:

In 4.6 – Collaborative partnerships with families and communities (page 165 - 166)

Despite sub regulations (1) to (3), the approved provider, nominated supervisor or family day care educator is not required to allow a parent to enter the education and care service premises if—

(a) permitting the parent's entry would—

(i) pose a risk to the safety of the children and staff of the education and care service; or

ii) conflict with any duty of the provider, supervisor or educator under the Law; or

(b) the provider, supervisor or family day care educator is aware that the parent is prohibited by a court order from having contact with the child.

In 4.7 – Leadership and Service Management (page 169 – 170)

An enrolment record must include the following information for each child—

(c) details of any court orders, parenting orders or parenting plans provided to the approved provider relating to powers, duties, responsibilities or authorities of any person in relation to the child or access to the child

(d) details of any other court orders provided to the approved provider relating to the child's residence or the child's contact with a parent or other person;

Good Luck!

,
L.A

[Janine Garcia]

Thank you Thank you