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CHCLEGOO1 Ethical and Legal Issues in Given Scenario: Early Childhood Education and Care Assignment Answer

CHCLEGOO1 - Written Assessment

Question 2
Read the scenario below and answer the related questions that follow.

You are the lead educator in the toddler room and Brayden is a two year old boy in your care. He is usually collected by Aunty Karen who stays and plays for a while when she picks him up of an afternoon. You haven't seen Karen for a few days and then one morning she comes to visit Brayden and asks to play with him in your room for a while. That afternoon, Brayden's mother comes to pick him up and you tell her that Karen was there this morning. She tells you she does not want Karen seeing Brayden anymore as they are no longer talking. You have observed that Karen and Brayden have a very close loving relationship.
a) Identify the ethical and/or legal issues (where applicable) in this scenario.
b) What are your responsibilities regarding this situation according to legislation, workplace policies and protocols?
c) Consider your own personal values and attitudes and explain how you will ensure your practices are non-judgemental.
d) How will you ensure your actions are within the boundaries of your work role (both responsibilities and limitations)?
e) What are the service's legal requirements with regards to the child? f) List service records and legislative documents that would guide your actions.

Question 3

Read the scenario below and answer the questions that follow in relation to colleagues.

A colleague from the preschool room tells you they dislike a particular four year old boy in the room as she finds it very difficult to get him to sleep. She says her and the other educator argue because she believes he has to go on a bed and be forced to sleep, while the other educator says he can lay on his bed quietly to rest and read. Today, she asks you to put a bed out for him in your toddler room and states "if he's in the baby room, he will learn to sleep like a baby".

a) Who would you report this unethical incident to and how?

b) List the legislative and other workplace documents that would guide your actions in this scenario.

c) What would the possible consequences be for yourself, the impact on the child and the educator, if you did not act in accordance with your responsibilities?

d) Identify the work health and safety practices that should be improved to meet the needs of the educators involved.

e) Which quality area from the National Quality Standard is relevant to this scenario?

0 What recommendations would you make to assist educators to improve knowledge and practices?

9) What needs to be included in a service policy to ensure all educators have clear understanding of appropriate practices and guidelines for sleep and rest?

Question 5
Explain the following terms and how these may be applied to your work role (approximately 150 words for each):
a) The relationship between human needs and human rights. 

b) The relationship between Dignity of Risk and Duty of Care 

c) Code of Conduct 

d) Code of Practice 

e) Discrimination f)Informed consent

Question 5(2)
You must complete at least four (4) observation records using at least three (3) different methods(be sure to include all relevant information including the child's age, date, time of observation). Record the observations in formats appropriate for the purpose of observing behaviour e.g. event samples, running records and time samples.
Please upload these observations as one document.



Written assessment

Question 2

  1. The scenario mentioned in the case study of Brayden is both legal and ethical. The legal aspect of the case is that the parent informed the educator on not allowing the child to meet his aunt as they are not on talking terms. The ethical aspect that gets related is following the privacy of the client, who is the legal guardian of the child and requested to prohibit any further meetings between the two.
  2. The responsibilities as an educator in the workplace environment, including the legislation and following protocols relate to informing the supervisor on the subsequent request from the parent, which has to be adhered (Farrell, 2016). The aunt will be requested not to meet the child in the service centre premises to avoid any legal and workplace policies complication. The protocol that will be followed in this case is to politely refuse the aunt to meet the child. 
  3. My practices being an educator will be non-judgmental as the policies strictly prohibit me from indulging in any personal or ethical issues between the private affairs of the client (CFCA Resources, 2018). Hence I would respect the decision taken by the mother as she has the best of interest in her child.
  4. I would follow the service protocol and make sure that the request of the parent gets the first priority being within my limitations and boundaries.
  5. The legal requirement of the service pertains to ensure the safety of the child. The authorized people having proper identity from the service will be handed over the child while collecting him at the end of the class session.
  6. The service records and legislative documents that will guide my actions are as follows: 
  7. Children and Young Persons (Care and Protecting Act of 1998
  8. Information Act 2006
  9. Education and Care Services Act 2013
  10. Children Protection (working with Children ) Act 2012 (NSW)
  11. Restraining Orders Act 1997(WA)

Question 3

  1. The unethical incident will be reported honestly to the supervisor or Director of the childcare facility service to take further action on the colleague. This will be notified in private following all the norms and practices of the workplace policies of the childcare service centre (Education, 2020). I would ensure confidentiality on this topic discussed with the supervisor or the Director of the service centre. 
  2. The workplace documents and the legislative procedure that will guide my actions include the following list:
  3. Interactions with children Policy
  4. Providing a safe environment for children policy
  5. Confidentiality and privacy policies of the workplace
  6. Dealing with complaints policies
  7. Educational and Care Services National Law Act 2010
  8. Education and care services national Regulations
  9. Sleep and Rest Policy
  10. National Quality standard
  11. Children Wellbeing and Safety Act 
  12. The consequences as an educator that I would face is the loss of trust of the children on the care and education system, and the child would not rely on any educator from the time onwards. The educator, as my colleague would get a freehand to abuse any child as per the will. Hence, the shirking of responsibilities would turn adverse to the entire system of early education and providing care.
  13. According to Quality Area, two under the National Quality Standard, the educators must be motivated to enhance the physical activities of the children. The wellbeing and comfort of the children must be cared for by the educators while providing them ample opportunity to play, sleep and relax in the indoor area (National Quality Framework, 2019). The children must be made to feel protected by educators. Illness management within the centre premises must be of utmost priority. The educators must be reminded of their roles and responsibilities at regular intervals for the effective implementation and improvisation of their services.
  14. The National Quality Area 4 is relevant to the scenario mentioned above as it includes the professionalism of the educators, management of the staff with respectful and ethical collaborations, staffing arrangements are undertaken to improve the development and enhance the learning experience of the children.
  15. The recommendations that I would like to suggest as an educator comprises the design of the services provided must be interactive which includes the parents, service provider and the educators to collaborate together and act as per the wellbeing and improving the learning process of the children. The educators must be adequately trained on all the aspects of development including emotional, psychological, physical and cognitive pertaining to the children (Health & Safety Policies, 2019). The policies and procedures must be communicated with effectiveness to the educators on their joining, and they must consent with the practices and standards of the childcare service centre. The code of ethics, policies and procedures and the National Quality standard must be practised by the educators while handling and caring for the children. 
  16. The service policy must be clearly drafted with the provision and privileges for the children to be entitled within the childcare centre. The educators must be provided with initial training and sessions on how to deal with the children in a realistic environment that promotes their playtime, their learning process, the sleep and relaxation process and support in the overall development of the children (Logan, 2017). On-job training imparts the practical experience to handle the children with effectiveness in the educators' services rendered to the childcare centre.

Question 5

  1. The concept of human needs is the basic one which is related to the tangible and intangible requirements satisfied through food, shelter, clothing, education, and other aspects of life. Human rights, on the other hand, includes universality for all, inalienable and interdependent on other rights. They move in a circular path like the children will have their needs, these basic needs are entitled to be satisfied, only adults can take care of the needs of the children, recognizing the needs lead to identifying the rights of the children and involvement of government agencies to fulfil the rights of the children in all nation likewise (Franczak, 2018). The children slowly start recognizing their needs become their rights with the freedom of expression, having equal opportunities of education in the society and several other conditions initiate to become the rights of the children. The Government supports in exercising the rights of human beings in the community.  
  2. The dignity of Risk can be referred to as the concept of experiencing every skilful activity that life intends to offer. This concept has emerged out of the duty of care for human beings mainly for the children and for the geriatric population. The skilful activity may be entitled to some risky elements; however, the benefits gained from undertaking such activities consequences in obtaining independence and enhanced self-esteem. This concept encompasses the benevolent cause of including the children with disability who also wishes to perform like the people without any disability (Sukkar et al. 2016). This involves some portion of risks for them which must be acknowledged, and Australian society unconditionally supports the cause. Duty of care refers to the responsibility undertaken by the care providers to avoid any harm or injury to the children in context to the Early Childhood Education and Care. 
  3. Code of conduct is an established standard of behaviour followed by the educators, supervisors, staff, students, management of the approved or certified childcare services and volunteers engaged with the childcare services. The code of conduct is practised that defines the behaviour of the people involved with an organization with each other, with the children and towards the society (Fenech& Lotz, 2018). Code of conduct includes the terms of duty of care, the value of the rights and beliefs of an individual, supporting each other in a workplace environment and meeting the obligations towards care of the children (Code of Ethics, 2019). The children must be assured of a safe environment, giving respect to the rights of the children, promoting cognitive learning at early childhood and providing positive guidance to the children in their growth and development. The professional obligations of the educators are, following the code of conduct related to understanding the importance of competence, time management and being responsible to the environment.   
  4. Code of practice involved in the childcare service centre informs the clients about the services and amenities provided while practising in the education industry. The code of practice relates to the acceptable practices included in the marketing of the services, training and development of the educators, meeting the needs of the learners individually and maximizing the output of the organization in the service sector (Cumming et al. 2020). The ethical practices undertaken by the service facilities include confidentiality of the client data, ensuring better outcomes in cognitive learning and development of the children, and meeting the fair complaints redressed policies (Code of Practice, 2019).  The educators involved in the practices are trained continuously and engaged with the development of the children. The childcare service facilities must be approved or certified by the Education Board of Australia while employing competent staff to take care of the responsibilities of the care centres.  
  5. Discrimination is one of the protected act under the Australian Government. Discrimination can be cited as the partiality towards a group of people who are treated with favouritism on the basis of specific characteristics or personal background related to the people who favour them. Discrimination under the Australian Human Rights Commission is prohibited. The biased attitude on age, sexual orientation, gender, disability, marital relationship, national or ethnic groups or of immigrant status are not approved (Human Rights Commission, 2019). There are both state and federal anti-discrimination laws prevailing in the workplace environment that helps in securing the dignity and integrity of an individual. The discrimination Acts prevailing in the nation comprises of Racial Discrimination Act 1975, Disability Discrimination Act 1992, Age Discrimination Act 2004 and the Sex Discrimination Act 1984. The employers are legally responsible for taking preventive steps to prohibit any discrimination act on the above-cited grounds.  
  6. Informed consent is the authorized term used in the context of a workplace environment where approval of the parties involved in any activity is mandated to avoid further complications. The parties involved are entirely aware of the situations, policies, and procedures to be undertaken in the services offered.  In Early Childhood Education and Care practices, the parents are provided with an authorization formed to be filled where consent is sought on the safety and assuring the health of the children under the supervision of the experts. The medical practitioners are involved in providing treatment in case a child is sick in the premises of the centre or under the supervision of the centre. Similarly, if the children are taken outdoors on an event which is not within the premises of the care service centre, then the authority seeks relevant permission as informed consent from the parents (Eloise-kate et al. 2017). As there is a certain amount of risks involved in the events, it is compulsory to fulfil the protocol.

Question 5 (2)

The observation methods used in three different ways, including the date, age of the child, time of observation may be presented below:

  1. Anecdotal Records: The observation has been recorded as a video format where a child has been given a role play as per his favourite cartoon character (Kronborg, 2018). There was his self made dialogues which was enacted by using his tone of voice and facial expressions.
  2. Learning Stories: A child will be given some props like a paper butterfly and a wand and would be asked to enact herself/himself as a fairy (Krieg, 2017). The age of the child has been noted down, her instant storytelling was video recorded, and this informative approach helped me in knowing the preferences.
  3.  Sociograms: An interesting map or diagram study has been given to the children where they drew an interaction pattern with the classmates that helped in enhancing their social skills. 
  4. Photographs: The children were asked to bring family photographs which they could quickly identify. Small words were given to be determined from the photographs that constituted the interactive session.
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