For the voiceless: an exploration of decision-making for infants in the child protection setting

Abstract

Infants – defined as children aged less than 12 months – are arguably the most vulnerable population in the child protection setting. It is widely recognised that positive early experiences are crucial if infants are to grow into healthy, well-adjusted adults with the ability to navigate the challenges across the lifespan. For infants separated from their primary caregiver due to placement in out-of-home care (OOHC) there are major psychological costs, as the attachment transitions between foster/kinship carer and parents will always be complex. Furthermore, for infants exposed to maltreatment and trauma there is an increased likelihood of risky health behaviours, chronic medical conditions, being at risk of developmental delay and long-term mental health problems in later life. When state intervention is required to keep the infant safe, courts are required to make complex decisions regarding removal of infants from birth parents and placement in OOHC. This mixed-methods thesis explores decision-making by frontline workers – including legal, statutory child protection and health professionals – for infants who are removed from birth parents and placed in OOHC. The first stage of this project is a scoping review exploring how health information impacts court decision-making regarding removal of infants from their birth parents. The scoping review demonstrates that the role of health information in court decisionmaking is unclear and heterogeneous. The review revealed gaps in existing knowledge about this intersection between health science and law in relation to decision-making for infants in the child protection context. This highlights the need for further research to train and/or advise health professionals regarding best practice in how they provide courts with evidence to inform decisions about infant removal. This thesis amalgamates multi-disciplinary knowledge to explore decision-making for infants in the child protection setting. It is hoped that the findings of the study may guide governments and regulatory agencies – designed to protect infants in cases of infant maltreatment – in investigating how legal instruments governing child protection systems and their application in services can be reformed to better recognise the unique needs of infants and, accordingly, protect their rights in a distinct way.

Date of Thesis submission	2025
Original language	English
Awarding Institution	Western Sydney University
Supervisor	Liesel Spencer (Supervisor), Elizabeth Handsley (Supervisor), Toby Raeburn (Supervisor) & Meda Couzens (Supervisor)