Documente Academic
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BKR Anonymous
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professional judgement while keeping each childs protection and wellbeing paramount to act
in accordance with the principles and rights of a child enshrined in the bedrock articles 2, 3, 6
and 12 of the United Nations Convention on Rights of Children (UNCRC) and the best
interests of the child. However the best interest of the child (UNCRC, 1990, article 3.1) is
not always easy to identify. When there is no obvious 'right' course of action, we as Educators
can be faced with an ethical dilemma. We are required to exercise our professional judgement
in such situations and use our professional learning and experiences as well our ethics to
come up with the best response. To help us in our thought process we used the ERC
framework as a tool (Newman and Pollnitz, 2005, pp. 137-147) to look at the information
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(ACECQA, 2011, p.53) advises that: Assessors may observe sleep and rest practices that are
consistent with contemporary views about childrens health, safety and welfare that meet
childrens individual needs.
The ACECQA ruling concluded that contemporary practice suggest children should be
encouraged to sleep, rest or engage in quiet experiences (e.g. drawing, reading, puzzles)
during routine rest times. Children should not be forced to sleep or lie down and should not
be left with nothing to do for more than 30 minutes. The ruling was useful in determining the
appropriate sleep or rest requirement in its reference to the policy from Community Childcare
Co-operative Ltd. NSW (CCL-NSW) on contemporary practice views, that advocates a rest
time of 20 to 30 minutes for children (CCL-NSW, 2013, p.1).
Rubys mothers request could now be considered as an option, without any legal
implications. Since there are no legal precedents or laws that can be enforced, we looked at
the principle of obedience to the unenforceable (Newman & Pollnitz, 2005, p.110) which
relied on Educators ethics and understanding modern ethical theories. Educators need to
work in an integrated approach keeping the childs interests in focus at all times in actualising
Article 31, basing themselves on multiple theories for support but relying on their own skills
and judgement.
by the considerations and conclusions of the previous stages. We found that care-based
thinking aimed at nurturing and maintaining relationships, as suggested by Kidder (2005,
p.135, as cited in Newman & Pollnitz), to be the most preferred and appropriate to the
situation. The practical side of changing Rubys sleep durations was supported by the theory
of changing behaviour by positive reinforcements and encouragement as suggested by
Skinner (2010, p. 11, as cited in Guide to Early Years Learning Framework for Australia).
This also resonates with Quality Area 6 in the NQS Educators Guide (ACECQA, 2013,
p.139) and the Early Years Learning Framework for Australia (EYLF) [DEEWR, 2010, p.11]
that states Educators are required to draw upon a range of perspectives in their work to
develop and informed inclination toward a course of action or an informed choice.
Program for Ruby's sleep and wake times: weekly plan as per quality area 2 (QA
2) standard 2.1.2 of the NQS Educators Guide (ACECQA, 2011, p.53), and the
11-12)
Observe and Document:
o Sleep and wake times for Ruby: as per QA 1, standard elements 1.1.1,
1.1.2, 1.1.3 & 1.1.4 of the NQS Educators Guide (ACECQA 2011, p.141)
o Food intake, physical activity, behavioural patterns with peers and
educators (observations related to Ruby's well being): as per QA 1,
standard elements 1.1.1, 1.1.2, 1.1.3 & 1.1.4 of the NQS Educators Guide
Respecting Rubys rights as a child and the rights of her mother as a parent, we have
encouraged Ruby through positive reinforcements and reassurance at all times to manage
change in her sleep times.
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References
Australian Childrens Education and Care Quality Authority (ACECQA) (2011). The
National Quality Standard, Sydney, NSW. ACECQA. Retrieved (10 Dec 2014) from
website: https://www.acecqa.gov.au/
Australian Childrens Education and Care Quality Authority (ACECQA) (2011) Guide to the
National Quality Standard, Sydney, NSW. ACECQA. Retrieved (10 Dec 2014) from
website: https://www.acecqa.gov.au/
Australian Childrens Education and Care Quality Authority (ACECQA) (2013) The
Education and Care Services National Law and the Education and Care Services
National Regulations (National Law & Regulations), NSW. Retrieved (10 Dec 2014)
from website: https://www.acecqa.gov.au/
Australian Childrens Education and Care Quality Authority (ACECQA)
ACECQARRPstr0001 (March 2013). Approved Provider and NSW Department of
Education and Communities NSW. Retrieved (10 Dec 2014) from website:
https://www. acecqa.gov.au/
Community Childcare Co-operative Ltd. NSW (CCL-NSW) Safe Sleep and Rest Times (July
2013). Retrieved (10 Jan 2015) from the website: http://ccccnsw.org.au/
Department of Education, Employment and Workplace Relations (DEEWR), (2010)
Belonging, Being and Becoming: The Early Years Learning Framework for Australia,
Barton, ACT Commonwealth of Australia. Retrieved (21-Dec-2014) from website:
http://education.gov.au/search/site/
Department of Education, Employment and Workplace Relations (DEEWR), (2010)
Belonging, being and becoming: Educators Guide to the The Early Years Framework
for Australia, Barton, ACT: DEEWR. Retrieved (20 Dec 2014) from website:
http://files.acecqa.gov.au/files/National-Quality-Framework-Resources-Kit/
Early Childhood Australia (ECA), (2006): Code of Ethics. Retrieved (Dec-2014) from:
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http://www.earlychildhoodaustralia.org.au/our-publications/eca-code-ethics/
National Quality Standard (NQS) Professional Learning Program (PLP) E Newsletter No 31,
What have Theories got to do with it? Retrieved (22 Dec 2014) from NQS website
http://www.earlychildhoodaustralia.org.au/nqsplp/resources
National Quality Standard (NQS) Professional Learning Program (PLP) E Newsletter No 11,
Learning Spaces Outdoors. Retrieved (22 Dec 2014) from NQS website
http://www.earlychildhoodaustralia.org.au/nqsplp/resources
Newman L., & Pollnitz L., (2005) Working with children and families: Professional, Legal
and Ethical Issues: Pearson Prentice Hall.
Newman, L. (2002. Responding ethically when families and professionals disagree. Every
Child, 8(2),17 [EEP417 Resources]. Retrieved (31Dec 2014) from CSU website:
http://interact.csu.edu.au/portal/site/EEP417_201490_A_D
United Nations Convention on Rights of Children, UN Convention on the Rights of the Child
United Nations, June 2010 [EEP417 Resources] Retrieved (18 Dec 2014) from CSU
website: http://interact.csu.edu.au/portal/site/EEP417_201490_A_D
United Nations Committees General Comment No. 17 (2013) [IPA, 2013] Retrieved (18 Dec
2014) from website http://ipaworld.org/
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