ABSTRACT
This chapter begins by considering the preventative and promotional functions that give effect to the welfare principle by measures that require the state to boost the coping capacity of parents and families prior to focusing on the main functions of care, protection and control. It takes as its primary themes the prescriptive but negative duties owed by first and third parties to a child in relation to objectively stated circumstances. These circumstances are defined by the fault or default of a person owing a duty of care to a child. State intervention most often occurs after the duty has been breached. The determination of that which is held to constitute a child’s welfare is in accordance with statutorily prescribed indicators together with certain judicial and agency criteria as interpreted and applied by those professionals with a duty to advise the court. A statutory, if uncertain, weighting is given to the wishes of the child in determining his or her welfare. The selection of the most appropriate disposal option is accompanied by a degree of discretion. Finally, the chapter explores the remit of the Youth Court and the extent to which criminal proceedings are impacted by the welfare principle.
