LEGL300 Taxation Law

Write a report for a court that focuses on one of the children in the Brown Family case study (provided Week 2), in a jurisdiction related to one of the child law areas in the course, i.e., family law, juvenile justice, or child protection. You can choose the court to which you will be reporting and the legislative provisions that inform a requirement or request for a report to that court. The report structure and content will depend on requirements in the legislation and of the court you choose.

Analysis Report content shows critical analysis of information presented, actions with the child and family, different perspectives, and relevant literature and research.

1. A report has been prepared in this matter concerning the child: Zac Brown, born 16 October 2001 in the Children’s Court of NSW for passing a child care order for Zac and placing Zac out of care of Joanne and instead placing him under the care of Minster and paternal parents of Zac in a shared manner.
2. Zoe is a sixteen year old kid born to Joanne, aged 42. Joanne is a registered nurse who works part time at weekends and in the evenings in order to help in the financial support of the family. She had partnered with Arnie, aged 44, when she was 20 for a period of five years. And during this very relationship, Zac was born. Joanne had to leave Arnie due to his alcohol dependency. After some time, Joanne met Simon Barants and married him soon after.
3. Simon and Zac always had a strained relation and due to the animosity between the two, Zac spent majority of his time with his paternal grandmother in New Zealand and this has resulted in the relationship between Joanne and Simon being complicated.
4. A lot of time has been spent by Zac out of home, six months to be precise, due to his ongoing conflict with Simon. As he has spent a lot of time in New Zealand, he thinks himself as a Kiwi, instead of an Australian. His education was moderate earlier but has now become disillusioned with the education system. As he was keen on making contract with his biological father, he met him while he was running in a rundown bed-sit. As he was dismayed with Arnie, he started living on the streets and has nowhere to go.
5. To make the matters worse, he has became friend with young people who were homeless and this group is led by Jake, who is 21 year old and has been living on streets. He was providing Zac with protection on street from violent personalities on streets and in return, Zac did some jobs for Jake, which included being a delivery boy for the sale of methylamphetamine to different customers.
6. There are no present child arrangements at the present as Zac is living on streets and is also not attending any school or formal education. Even though he has spent some time with his grandparents, he currently has no touch to his family.

Key Issues

7. The primary issue in this case is that Zac is homeless. As a result of this, he needs to be located immediately. Apart from this, he is not undertaking any kind of formal education, and so, there is a need to arrange some sort of educational facility for him, in order for him to be educated enough to support himself in  the future. A major issue is that he is involved with wrong company, which is pushing him towards the criminal justice system. Lastly, there is a need for his psychological needs to be fulfilled, particularly because he is yearning for a sense of connectivity and identity.

Adult Issues

8. Simone has already been alleged to have been sexually assaulted Amelia, aged 14, where he had made her perform oral sex since she was 11 years old. He has out rightly denied this claim which led to Amelia leaving her home. Simone has a history of having relationships with young women. And his actions with Amelia have put Bronte, 12 year old, under threat. He is shown appreciation towards Tom of all his children, which further affirms that Zac needs to be kept at a distance from Simone.
9. Joanne has been struggling to keep her family floating and does part time jobs to support her family financially. This shows that she would not be able to support Zac in a proper manner, and also as this strains her relationship with Simone. She also has failed to make any efforts towards caring for Zac when he left his home, which shows that she would not be able to be a caregiving parent to Zac.
10. Arnie, is an alcoholic and does not live in such a situation where he could support himself, let alone Zac. Hence, he too cannot be given the responsibility of Zac as this is more likely going to push Zac towards criminal activities, which he is already on the verge of committing.

Psychological Issues

11. Zac needs to be evaluated in a psychological manner, so as to learn about how he feels, who he blames and to understand his entire mindset (Legal Services Commission, 2015). In this regard, there is a need for Zac to consult a psychologist, who would be analysing his emotions and his mental state. This can help in better understanding his conditions and in channelling him to feel more like an Aussie instead of a Kiwi, by building a rapport with him. By undertaking a biopsychosocial assessment, his entire condition could be evaluated, to better mould this care plan (Andrasik, Goodie & Peterson, 2015). Also, the psychologist would be able to explain to Zac in a careful manner, the consequences of indulging in criminal activities. So, where Zac gets caught by the police, he would have to stay there as Simon would not be interested in picking him up. The extent and magnitude of the criminal charges relating to drug possession can be explained to Zac at this point.
12. This is the stage, where the psychologist would be able to evaluate the micro system, the macro system and the exosystem surrounding him (Howie, 2014). There is a need to consider his estranged relationship with his mother, a bad relationship with his step father Simon due to not being his biological son, which as per the evolution theory suggests that Zac is likely to be victim of abuse (Coller and Kuo, 2015). The macro system would depict the significance of culture for Zac where it would be highlighted that he associates himself more towards the culture of New Zealand as his paternal parents from New Zealand have given him love, instead of the people who belong to Australia. This analysis would help in Zac understand that he belongs to the Australian culture and that there were good people in Australia too, who cared about him. There is a need for Zac to feel a belonging to the nation, which is lacking. And which would not stop him from indulging in wrong activities, as he does not consider the nation as something he cares for.
13. The mesosystem would highlight the aversion of Zac towards school life, which was impacted due to breakdown of his family (Smith, Faulk & Sizer, 2016). And thus, based on these factors, his aversion towards school life has to be changed. This requires him being given proper education and inculcating some values, particularly of family, in Zac; and to bring back the faith that this nation and its people are his own. The exosystem is something on which Zac has no control and shows how Zac was forced to work for Jack in order to protect himself. By applying the exosystem systems, it can be taught to Zac that not only is he breaching the laws of Australia, but also that of New Zealand, where he feels a part of. This psychological evolution is the reason why the care plan has been drawn in this manner.
14. Under section 78 of the Children and Young Persons (Care and Protection) Act, 1998, there is a need for the Secretary to provide a child care plan to the Children’s Court before the child can be removed from the care of his parents (NSW Legislation, 2017). Even though Zac presently is homeless, legally he is still under the care of his parent, i.e., under Joanne Brown. The child care for Zac has been chalked out below.
15. First and foremost requirement for Zac is to be felt like he belongs somewhere. In order to do so, he has to be removed from the influence of Joanne, Simon and Jake and placed under the care of his paternal grandparents. This would mean that he would have to be relocated outside Australia, which can pose as a problem. Hence, instead of doing so, there should be allocation of parenting responsibility between the Minister and the grandparents for such duration in which the grandparents are in Australia, and for remaining period, with the Minister. In order to accommodate the grandparents in Australia, they have to be provided with proper health care arrangements, in addition to monthly pension, and adequate money for maintaining Zac. When the paternal responsibility is placed with the Minister, Zac should be made to live at a Church school, where he would be aligned with his religion and would also get a place to stay, in addition to education, which is another cause of concern for Zac.
16. This placement is proposed for a period of two years, as after two years, Zac would attain majority and can become an independent person. Pending the placement of Zac in the Church school, he should live at the Child Care Foster Home, located at Kings Street, where children facing issues like Zac are placed. This place not only provides education and shelter, but also allows children to stay in touch with their relatives, through regular contacts, in terms of video calls. This would allow Zac to keep in touch with his paternal grandparents, and could feel that he is being cared for. Even when Zac moves on to live with Minister, such connection needs to be continued.
17. As Zac is going to turn major soon, there is a need for Zac to be provided with self-dependency, apart from formal education (Hauff & Secor-Turner, 2014). In this regard, Zac needs to be made to learn some kind of special skill, based on his talents and interests. This would help in being able to earn for himself and also support his grandparents in the long run. This is particularly important as a young person who is unable to access the financial support for assisting them in their transition to independence, when they leave care, is likely to fall back to their previous conditions, particularly towards criminal influence.
18. A particular care would be undertaken in this care plan would be to improve the company kept by Zac. He has been associated with Jake, who led him to criminal activities, which till now has not reflected on Zac’s history sheet, but could make him liable, especially as he was working as a delivery boy for Ice drugs. As he is a Christian, he would be taught the teachings of Bible, in order to help him get a new path and change his direction (Crompton, 2017). This would also enable Zac in developing a faith, where he would no long feel alone, or left out. Such feelings are common when a child has troubled childhood and has to real family connections to rely upon.
19. The supervision of placement of Zac in out of home care would be supervised by the Minister appointed agency. Apart from this, there is a need to be clear on the services which would be provided to the young person, which is Zac in this case. In this regard, Zac would be provided with education, shelter, and skill based knowledge, which would help him in his future.
20. Pursuant to section 22 of the Children and Young Persons (Care and Protection) Regulation 2012, this care plan has prepared in consultation with Children’s Court Advisory Committee, which has been established under Children’s Court Act, 1987 (NSW Legislation, 2016). This care plan had been drawn on 17^thOctober 2017 where the Minister appointed agency, particularly Harry and Ron were given the leading responsibility, in participation with the Church school.
21. This plan had also been discussed with Zac’s grandparents who agreed to this arrangement. This was done by sending the detailed child plan to the grandparents and also consulting with them over the telephone in a joint manner. This care plan is set to be applied from 01^stNovember 2017. This plan has also been presented before Joanne Brown and she has no qualms about this entire arrangement as she is concerned that if she is given the responsibility of Zac, her relations with Simone would go badly. In this regard, Simone was attempted to be consulted; however, his behaviour was not positive towards Zac and he started yelling on hearing his name, stating that “I don’t want anything to do with that little sh*t”. Arnie too was contacted, in order to ascertain if he wanted to take Zac under his care, but his alcoholic history, along with the present living conditions led to him not being mentioned as a prospective caretaker, and this was also not contested by Arnie, when he was contacted at his rundown bed-sit by Harry and Ron.
22. Based on section 90 of the Children and Young Persons (Care and Protection) Act 1998, an application is made to rescind the previous care order, where the care of Zac had been granted to Joanne Brown after her separation from Arnie due to his alcoholic nature (NSW Legislation, 2017). In this regard, notice has already been given to Joanne and she already has given consent to the care plan drawn here. She has signed a fully fledged approval in this regard and also agrees with the variation in the original care plan granted to her.
23. The plan would be evaluated after one year, where the success of Zac’s condition would be evaluated on the basis of the company he keeps. This has been a major problem for Zac as he getting involved with people indulged in criminal activities. Based on the progress of Zac, the limit for the plan would be set. However, based on the provisions of Children and Young Persons (Care and Protection) Act 1998, particularly section 165, the Minister would be given the discretion to continue assistance to Zac, till he attains the age of 25 (NSW Legislation, 2017). This is particularly due to the company which Zac was involved with, in addition to making certain that Zac becomes self-sufficient and can earn from him. This would also be done to ensure that he is on the right path with his education and does not feel disconnected, which could often result in criminal personalities.

Formalities:

24. Section 62G of the Family Law Act, 1975 presents that a family consultant can ascertain the views of child in the report. In this report is included that matters which the family consultant feels are required for the welfare and development of the child (Federal Register of Legislation, 2016). In this regard, the report of the family consultant was evaluated before drawing up this child care plan and is therefore aligned with the recommendations drawn for Zac, particularly with regards to his self-dependency and psychological evaluation. As a witness to this application, the family consultant has accepted to come before the court and reiterate his views presented in the report.
25. In support of the conduct of Joanne, her financial condition has been put forward which highlights her working at weekends and during evenings. This also shows that she is unable to give the required attention to Zac, which can help him feel belonged.
26. In support of the points put forward against Simone, a testimony of St. Churchill Hospital has been presented, where Dr. Roxanne Winfred, a psychologist, examined Amelia. The report of Winfred clearly highlighted that Amelia had been sexually abused by her father and that she was scared to return to her home. This is the reason she fled and went to live with her friend. Winfred also highlighted her concern towards Amelia’s condition, but that is not a focus of this application.
27. In support of alcoholic nature of Arnie, different witnesses have been presented before the court, included in which are Joanne, Arnie’s parents, and two common friends of Joanne, i.e., Shelly and Benjamin Jr. His blood alcohol report is also being attached, which Joanne had kept, and which she retained from the days of their relationship. In order to affirm the present alcoholic tendencies of Arnie, it is requested before the court to allow a new blood report of Arnie to be drawn and Arnie being ordered to go for this testing in a mandatory manner.

Requests For Order

28. Thus, an order is sought from this court to rescind the previous care plan, where the care of Zac had been given to Joanne. Instead, it is requested to the court to pass an order where the guardianship of Zac is jointly given to the Minister and to the paternal grandparents of Zac. In order to facilitate this, it is requested before the court to allow Zac’s paternal grandparents to stay in Australia and provide adequate financial support.
29. It is also requested to the court to pass an order whereby Simon is ordered stay away from Zac and not attempt any contact with him. The court is also requested to pass an order whereby the similar restriction is placed on Arnie, but the condition of Arnie to be reviewed in case he decides to sober up and present relevant proof of it. Where Arnie undergoes a six months rehab program, Arnie be allowed to meet Zac in supervision of the court appointed agency, for two hours every fortnightly, if Zac wishes to do so.
30. Another order is requested to be passed, where Joanne is given permission to meet Zac, if Zac wishes to do so, every week for two hours, in supervision of Zac’s paternal parents or the Minister.
31. On the basis of the issues highlighted, it is recommended to get the court orders passed so that the child care plan can be put in place. This would be beneficial for Zac, as his life path would be clearly set. This would help in upholding the respect for persons, which is one of the key social work values. Zac would be given education, shelter and a chance to learn skills to earn his livelihood, which would be respecting him as an individual. Apart from this, this would also be true in the sense of social justice, where the circumstances faced by Zac are not led to dictate his life. Not only he would be improving his life, but in the long run, he can help his younger siblings and make them come out of the negative impact of Simon. Hence, for the true social justice to prevail there is a need to adopt the care plan drawn above.

References

Andrasik, F., Goodie, J. L., & Peterson, A. L. (Eds.). (2015). Biopsychosocial assessment in clinical health psychology. New York: Guilford Publications.

Coller, R., & Kuo, A. (2015). Social Determinants of Child Health. Child Health: A Population Perspective, 79.

Crompton, M. (2017). Children, spirituality, religion and social work. Oxon: Routledge.

Federal Register of Legislation. (2016). Family Law Act 1975. Retrieved from: https://www.legislation.gov.au/Details/C2016C01106

Hauff, A. J., & Secor-Turner, M. (2014). Homeless health needs: shelter and health service provider perspective. Journal of community health nursing, 31(2), 103-117.

Howie, D. (2014). Overcoming exclusion: social justice through education. London: Taylor & Francis.

Legal Services Commission. (2015). What evidence will the court consider?. Retrieved from: http://www.lawhandbook.sa.gov.au/ch21s08s02s12.php

NSW Legislation. (2016). Children and Young Persons (Care and Protection) Regulation 2012. Retrieved from: https://www.legislation.nsw.gov.au/#/view/regulation/2012/425/full

NSW Legislation. (2017). Children and Young Persons (Care and Protection) Act 1998 No 157. Retrieved from: https://legislation.nsw.gov.au/#/view/act/1998/157/full 

Smith, E. P., Faulk, M., & Sizer, M. A. (2016). Exploring the meso-system: The roles of community, family, and peers in adolescent delinquency and positive youth development. Youth & society, 48(3), 318-343.