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This thesis explores the experiences that birth mothers face in adoption proceedings within a socio-legal context. With analysis of data from interviews with 32 birth mothers synthesised with the relevant provisions of the Adoption and Children Act 2002, it is argued that ingrained unfairness and a lack of accountability exists in the legal and administrative system where birth mothers' rights are concerned. The requirement for fairness in adoption practice is an underlying principle of jurisprudence from the European Court of Human Rights, with emphasis on the right to family life under Article 8 of the Convention. Analysis extends to the social problems of blame and stigmatizing of birth mothers which originates from those agencies involved in the adoptions. It highlights the perspectives and voices of birth mothers, who are seldom the focus in leading discourses of professional practice in this area. This research moves some way towards equalising this disparity by acknowledging their experiences and arguing that what they have to say should be noted by professionals involved in adoption practice. The findings demonstrate the interrelationship between birth mothers and the law, with critical examination of the results in relation to previous research and jurisprudence from the family courts. This is work by a researcher with 'insider status' of one who shares the 'birth mother' identity with the participants. In order to validate the study, the research methodology is underpinned with reflexivity which demands that the researcher examines her own feelings, reactions, and motives and how this influences the analysis and the findings. This approach lessens the risk of bias and authenticates research by ensuring transparency. The original contribution to knowledge required for a doctoral thesis is the socio-legal approach to the methodology, the primary data generated from interviews with birth mothers and the subsequent findings which demonstrate the inconsistency between the law and their experiences of adoption practice.

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The difficulties in interpreting and implementing the related services required under the Education for All Handicapped Children Act of 1975 have generated many state and federal court cases, state and local administrative hearings, and federal policy letters. However, these court cases, hearings, and policy letters have resulted in some contradictory rulings pertaining to the provision of related services. The purpose of this study was to (1) examine the issues associated with the provision of related services, (2) determine how they have been resolved in these administrative and judicial procedures, and (3) more clearly delineate what related services must be provided by school districts. This study utilized a descriptive research design. Using a documentary analysis method, state and federal court cases, state administrative hearings, and federal policy letters were analyzed. The analysis was divided into two major sections: issue analysis and issue resolution. The issue analysis section included the background of both the subject and the issues, as well as the specific interpreting body. The issue resolution section included the rulings and the rationale for each division. Data from each court case, administrative hearing, and policy letter were recorded on an individual analysis form. Data from each individual analysis form were then recorded on a corresponding matrix specifically designed to display information in relation to each research question. As a result of this study, it was determined that two issues generated policy interpretations or rulings by the courts, state administrative hearings, and/or policy letters. The first issue pertained to the definition of related services and whether or not a specific service was a related service within the federal definitions. The second issue revolved around the determination of a student's need for a service or eligibility for a service. An analysis of the rulings indicated that school districts were required to provide the contested related service in 67% of the cases in this study. It was also determined that the interpreting bodies broadened the definition of related services by ruling school districts to provide services that were not named or defined in the federal regulations of Public Law 94.142.

No / April 2008 saw the introduction of a new Public Law Outline (PLO) that aims to improve judicial case management of Public Law Children Act cases. The PLO is a response to concerns about the rising number of care proceedings, associated costs, and the difficulties of achieving case resolution given this volume. Based on an ethos that care proceedings should be avoided wherever possible, the new approach to case management, which places significant emphasis on pre-proceedings work and the effective engagement of parents, can be seen to reinforce the ‘no order principle’ enshrined in the Children Act (CA) 1989. Focusing specifically on relationships between parents and professionals, this paper provides a critical discussion of the potential of the PLO to further promote consensual practices with parents. Discussion traces the introduction of the concept of partnership within the CA 1989, provides a review of the evidence to-date of effective partnership working, before considering the prospects for the PLO with respect to parental engagement. A number of key contextual obstacles are highlighted that will inevitably undermine the aspirations of the new outline, and a more general observation is drawn about the limits of procedure in effecting change in complex social issues.

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No description available.

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The presence of poverty, unemployment and children been infected or affected by HIV/Aids contributed to a high level of children in need of care and protection (Patel, 2005:165) and forced communities to came up with a ways of addressing this increasing need of alternative care. Cluster foster care schemes were one of the initiatives that were started spontaneously by community members to address need for more alternative care options (Colby-Newton, 2006:18). This form of alternative care was also included with the proclamation of the Children’s Act, 38 of 2005 and the Children’s Amendment Act, Act 41 of 2007 (Matthias, 2010:172-176). Although cluster foster care schemes are acknowledge and practice as a form of alternative care for children in need of care and protection the operationalising thereof remain a grey area. In an unpublished study by Taback and Associates, it was suggested that further research should be conducted regarding elements that need to be included in the operationalising of cluster foster care schemes (Taback and Associates, 2010:4). The above form the motivation for this study and also provide the basis for the formulation of the research question namely: “What are the operational elements necessary for the operationalising of cluster foster care schemes?” Following from the research problem and research question, the goal for this research was to explore and describe the present functioning of cluster foster care schemes in order to identify operational elements to be documented in a guideline for service providers and social workers. The researcher made use of qualitative research approach to explore and describe the participants’ perception on the research problem. This research endeavour firstly falls in the ambit of the phenomenology research design, which aimed to describe the conscious experience of the everyday life of the participants, which were in this study the managers of cluster foster care schemes as well as foster parents that provide foster care as part of a cluster foster care scheme. In addition to this the researcher also opted to include the exploratory, descriptive and contextual research design, which guided the exploration, description and contextualising of the views of the participants on elements needed to operationalise cluster foster care schemes. In order to achieve the above the researcher the researcher decided to make use of an intervention research model by Rothman and Thomas (1994:3-51), namely the “Intervention Develop and Design” framework (IDD framework). In this study the researcher only used phases one to phase four and certain steps of the IDD framework to develop the operational guidelines for the operationalising of cluster foster care schemes. In concluding the report of the study, the researcher provided summaries of and conclusions related to the background rational; research questions; goals and task objective of the study; the research methodology implemented; the empirical findings and literature consulted; and the developed operational guidelines. He concluded the document with recommendation related to the research process and methodology employed; research findings; and recommendation for further research on the research topic. / Social Work / D. Soc.Sc. (Social Work)

Research evidence indicates that hearing aids and auditory trainers worn by school children routinely malfunction. Ensuring properly functioning amplification is a preferred educational practice and is required by PL 94-142 regulations. Research was needed to determine if schools were complying with the regulations and recommended educational procedures. This study described and evaluated procedures used by educational agencies to monitor and maintain amplification units worn by hearing-impaired students. Two examiner-developed survey intruments were mailed to residential and public day school teachers and administrators to collect data and answer 11 research questions pertaining to: (1) monitoring and maintenance procedures, (2) relationships between demographic, personnel, and placement characteristics and preferred monitoring and maintenance practices, and (3) monitoring and maintenance practices compared with a model of preferred practice. Personnel were surveyed in one residential school for the deaf in each state and a stratified random sample of 200 public day schools. A total of 310 (63%) surveys were returned from 164 (65.6%) administrators and 146 (58.4%) teachers. Results indicated that the majority of programs had some system of monitoring and maintaining amplification units, but only 54.1% (73) performed daily checks of hearing aids and 58.3% (67) performed daily checks of auditory trainers. Teachers in 76.9% of the sample reported that electroacoustic analysis was available as one part of audiologic evaluation, but not usually scheduled on a routine basis. Teachers were responsible for monitoring activities in over 75% of programs, regardless of the educational model: self-contained, resource, or itinerant. Significant positive relationships were found between (1) program size and one preferred monitoring and maintenance variable, (2) full-time audiologist and three preferred variables, (3) residential school placement and four preferred variables, (4) inservice training and three preferred variables, (5) full-time audiologist and program size and (6) full-time audiologist and residential school placement. These and additional findings suggest that while some improvement in monitoring and maintenance practices has occurred since the implementation of PL 94-142, full compliance by employing preferred professional practices has not been achieved. Recommendations are made for improving personnel preparation, monitoring and maintenance practices, and research.