Who Makes Decisions for Vulnerable Young People? Shifting Sands and Murky Waters

ABSTRACT

This paper discusses the existing guidance in Australian legislative and regulatory frameworks to inform the process of young people moving through varying stages of maturity towards independent decision-making. In the context of exploratory research to develop a stable online repository of personal documents for young people in out-of-home care, the researchers envisioned in-built, age-appropriate levels of decision-making authority, associated with what was stored, who had access, and who owned these records. They sought guidance to protect young people themselves and to support workers and other mentors. Little unqualified guidance emerged from the documentary search. Supporting any young people in the journey towards independent decision-making relies on individual judgements about the type of decision and risks involved, and the age, maturity, and experience of the young person. Above all, a supportive trusting relationship with an adult allows young people to learn through their own mistakes.

IMPLICATIONS

• Young people's competence in decision-making depends on a range of individual, familial, and social factors, and individualised guidance is necessary to support their participation.

• A supportive, trusting relationship with an adult provides the best environment for balancing vulnerable young peoples’ participation rights with their continuing needs for protection.

• The policy and practice challenge is to harness digital technologies without being distracted from the importance of relationship-based work.

关于青少年经过不同的成长阶段走向独立决策的过程，澳大利亚现行法律规范框架中有着指导意见，笔者对此作了讨论。本文为探讨性研究，意在为弃家少年建立建稳定的在线个人文件库，作者设想了内在的、与年龄相适的不同决策权威的层次，所关联的内容，何人曾经登录，何人拥有这些记录。作者搜索了保护青年人本身并支持工作人员和其他老师的指导意见。根据文件搜索，不合格的指导意见甚少。支持年轻人走向独立决策，取决于个人的判断——要看决策的类型、包含的风险，看青年人的年龄、成熟度和经历。与成年人结成支持和信赖的关系可以让青年人通过失败进行学习。

KEYWORDS:

• Young People
• Children’s Rights
• Record-keeping
• Competence
• Decisional Authority

Disclosure Statement

No potential conflict of interest was reported by the authors.

ORCID

Margaret Kertesz http://orcid.org/0000-0001-8060-272X

Merle Spriggs http://orcid.org/0000-0002-0432-2854

Cathy Humphreys http://orcid.org/0000-0001-8997-8993

Additional information

Funding

This work was supported by the Institute for a Broadband Enabled Society (IBES), University of Melbourne.