The Duty of Care in Child and Youth Practice

Authors

  • Leon Fulcher Weir House, Victoria University of Wellington, New Zealand

Abstract

The duty of care is a principle established in common law. It dates from the Middle Ages and underpins the history of US and Commonwealth laws concerning contracts and negligence. The duty of care principle has been upheld in the courts highlighting contractual obligations for the standard of services provided to children and young people. When agents of the State intervene in family life, a duty of care mandate replaces parental authority. Such a mandate holds child and youth care workers potentially liable for their actions. Vicarious liability has also been assigned to employers for negligence or battery in the actions of their employees when the duty of care standard has not been met.

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Published

2002-03-01

How to Cite

Fulcher, L. . (2002). The Duty of Care in Child and Youth Practice. Journal of Child and Youth Care Work, 17, 73–85. Retrieved from http://acycpjournal.pitt.edu/ojs/jcycw/article/view/327

Issue

Vol. 17 (2002)

Section

Contributions to Practice

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