Care of the Children

Ladies' Mirror, Volume 5, Issue 1, 1 July 1926, Page 5

Care of the Children

The Child Welfare Met," which has recently been put into operation with the establishment of Children's Courts, and the appointment of three prominent lady Social Workers as dissociate u\lagist rates, is one of the most progressive and far-reaching legislative enactments of a humanitarian nature that has so far been embodied in the Statute Law of j\ew Zealand.

We are privileged to publish in this issue three short articles courteously supplied, exclusively to Tin-: Mirror, by Mesdames McVicar (Wellington), Ferncr (Auckland), and Herbert (Christchurch), who are the three first ladies to be appointed Associate Magistrates under the Act. The choice of these, three ladies, who have for years been indefatigable social workers of the highest standing in their respective centres, is to be most heartily commended. Their knowledge, tact, ability, sympathy and experience admirably fits them for the honorary, yet onerous, duties they have so disinterestedly undertaken for the welfare of our less fortunate children. ■ Mrs. -McVicar ( j ell in on ) We women who have been inV\ terested in the welfare of the young." writes Wellington's Associate Magistrate, "have looked forward to the creation of such an office, hut 1 did not think 1 should be asked to fill such a position, feeling that there were many others who could have filled it more worthily. However, having been appointed, it is for me to do my best." Mr,-. McVicar then quotes the official document enumerating the duties attaching to the office of Associate Magistrates of die Children's Court, which reads: "T have the honour, by direction JL of (he Minister, t ( > inform you that lis Excellency the Governor-General has been pleased to appoint you as an Associate of the Children's Court at Wellington, in pursuance of die provis : ous of

Section 27 of the. Child Welfare Act, 1925. The appointment, which is an honorary one, will be for a period of one year, expiring on the 30th April, 1027. ' Section 27 of the Child Welfare Act reads as follows : (1) The Governor-General shall from time to time appoint one or more Stipendary Magistrates or one or more Justices of the Peace, and no Stipendary Magistrate or Justice shall exercise jurisdiction in a Children's Court unless he is appointed so to do under this section. (2) The Governor-General may also, from time to time, appoint one or more persons of either sexto be associated with the Children's Court, either especially for the purpose of any particular case or class of case, or generally in relation to all matters that may be dealt with by that Court. Such persons shall he appointed on the ground of special knowledge or experience deemed to he of ad-

vantage to the Court in the exercise of its discretionary power under this Act. (3) The decision of the Court in any case shall not be dependant on the concurrence of any persons so associated with the Court, but in all other respects all persons so associated with a Children's Court shall be deemed to be members of thai Court. A notice in the Gazette of the appointment of any person to exercise jurisdiction in a Children's Court shall he sufficient evidence of his authority to do so." Oriefly, the duties of an Associate "-' will be to attend the Children's Court when required; to acquaint herself fully of the circumstances and conditions of every child or family of children brought before the Court, and to confer with and give advice to the Magistrate or presiding Justice as to the best methods of dealing with them, bearing in mind the fact that it is the duty of the Stale to safeguard

the Welfare, and to provide the social re-adjustment, where necessary, of all children who come under the notice of the Court, no matter lor what reason. As a general rule, the Associate, will be advised by the Child Welfare Officer when cases are to be heard by the Children’s Court, and the information obtained by that Officer regarding the case will he available for the Associate prior to the sitting of the Court, ft is open to the Associate, of course, to make such personal enquiries as she deems necessary regarding any particular case: and possibly she may he in a position to assist the Child Welfare Officer in arranging for the supervision or social rc-adjust-ment where necessary, or in arranging for the co-operation or social service organizations in supervising same. The experience of the Department has shown the advisability of exhausting every means of dealing with children in the community before the question of admission to an Institution is considered, and it is to be hoped that you will assist in maintaining this system." Win will see by the foregoing paragraphs that they offer the new Associate every facility to help and advise. The “Court” is situated in the Government buildings adjacent to the Child Welfare Offices, and has no appearance of a Court as we know them. Very quiet and private : only those interested are to he there. Altogether I consider the new innovation an excellent one, and the Government are to he congratulated on the new denarture.

Mrs. Herbert (Christ church) The 1925 Child Welfare Act came into operation on April Ist, 1926. This Act consolidates previous legislation covering welfare of children under the care of the State. Its passing automatically repeals the Industrial Schools Act of 1908 and the Amendment of 1909. Also it repeals sections of the other Acts and amends part of the Infants Act of 1908. The repealed Act of 1908 gave authority for the operations of the "Special Schools Branch of the Department of Education," and mainly through that branch the State's care of children was operated. This name has gone with the repealed Act and the passing of the Industrial Schools Act from the Statute Book removes many objectionable features in the relation to the care of children. One of the chief objections under the old Act was that a formal charge of destitution or other offence had to be heard in court and a conviction registered against even the smallest infant before the State could take charge of the child. To be left parcntless, homeless and without provision on the part of the infant was to be left an offender against the State. The iniquity of such a procedure was demonstrated during the epidemic of 1918. Orphaned children left destitute were in the position of being ineligible to participate hi the benefits of .State care except upon formal charge, conviction and commital. Public opinion in this matter was so aroused on behalf of these children at the time, that by special regulation these provisions in the old Act were lifted in their case. The new Act shows an advance in public opinion and the formal charge and conviction are swept away. Now, when the magistrates of the Children's Courts which the new Act has set up, or the Justices of the Peace acting similarly are satisfied that any children are not provided for in any other way they may at once commit them without further trouble to the care of the Child Welfare Department. The old Act failed to adequately provide for the best interests of the children under the care of the Department, and alterations in practice had grown beyond the old Act. Practice in an advancing social service soon over-reached the plans and provisions considered adequate only a short time previously. The new Act, in many important clauses, looks a long way ahead, and by use of general rather than particular terms places it in a position of permanency. Many criticisms have been levelled against the new Act because it has not provided this or that; for example, it has been stated that no provision has been made for Hie care of the mentally unfortunate or feebleminded children. The first clause of Part Two of the Act is worded in such general terms as to make possible the setting up of any required institution for any required purpose of child care. Under this clause the Minister could establish Homes for the mentally unfortunate or Convalescent Homes for those

suffering from malnutrition or any other physical disability. When the problem of the mentally unfortunate is fairly defined and understood, all that is required is the authority of the Minister of Education, and the system best suited to the country and the need can be set up. Generally speaking, the Act is rather vaguely understood; the common impression being that it is an Act to establish Children's Courts and that is where it ends. It is a very much larger thing than this, for it is a great advance in the forward movement of child wefare. The Act is the first step towards placing child welfare (and one may add, public welfare) on a scientific basis. The department of

Child Welfare which the Act sets up will soon outgrow the subordinate position it occupies at present under the Department of Education. It must soon become far too important and far too wide in its sphere to be held long under the portfolio of Education. It will require one day a portfolio to itself and special supervision of its many departments. Child welfare will be found soon to mean public welfare, and 'public welfare' might well be the name of a department of State with the fusion of the many sub-departments under one administration and policy. Children's Courts, which are established by this Act, are the first step towards real study of juvenile delinquency in New Zealand. The provisions are wide enough to allow of the complete

study and record of every case worth studying. The court may be the school of juvenile delinquency to all accredited social workers, for provision is made for the attendance at the court of "any person representing a social welfare agency engaged in work for the benefit of children." The vesting of guardianship in ■*• the Superintendent of Child Welfare of children placed under his care, the proper establishment of the department, the system of State care exercised upon children, the endorsement of the boarding of children in private homes, are all clauses in the Act that may not excite much interest, but one provision enabling any parent to seek

help of the department with regard to care or supervision of his child or children is very important. This help can be got very easily by the parent, for he or she has only to go to the Child Welfare Officer and ask. The Superintendent will accept guardianship of any parent's child for such time as circumstances may require and without going near a Children's Court. The Act provides for an arrangement of this kind being transacted privately. There is no danger of stigma being attached to the children placed under the care of the Superintendent, for the Act itself eliminates such a possibility. The Act empowers the Registrar of Births to notify the Superintendent of the birth of every child of an unmarried mother

and establish thereby a means of protection against possible harm to such children. One sub-section of Clause 43 confers power on the GovernorGeneral by order in Council to make regulations "Regulating the employment of children whether they be under the care of the Superintendent or children generally and also regulating and restricting the attendance of children at places of entertainment. Should it be found at the Children's Court that any general children's employment agency (and children in this Act means under 16 years of age) is detrimental to the welfare of these children then it will be possible to stop such an agency from employing children. If again it is found that any entertainment of any particular type is adversely affecting children it will be possible to have that also prevented. ; I v he appointment of women as ■*• Magistrates' Associates at the Juvenile Court should be most helpful in many ways. Men and women do not always see things from the same view-point. It is necessary to have both view-points, and the blending of the two is very essential in the interests of child welfare to safeguard the interests of the child and to help provide for social readjustment where necessary. The fact that the Court is held in another building other than a Magistrates' Court, the absence, of police uniforms and everything that struck terror to the child should be a great advantage. Only a short time ago a man was charged at the Christchurch Court with a serious offence against his little daughter, about five years of age. Medical evidence proved most conclusively that an offence had been committed. The child's statement was very convincing before the case was heard, and yet when she went before the magistrate and saw the police in uniform etc., she could not be induced to speak, and the case was dismissed. Had the case been heard before the Juvenile Court, with the absence of anything official-looking and a woman associate and other women social workers present round the table, the child would probably not have been so terrified and would have given her evidence without fear. In a short article one cannot discuss fully all the provisions of the Act. To those interested in social welfare, and therefore child welfare, the Act may be regarded as an open road to the attainment of those principles and ideals which we are all hoping to see put into practice. The little Child Welfare Act is the harbinger of a department of social service worthy of New Zealand.