An interview at the NSW Department of Communities and Justice: a child protection caseworker discusses unexplained injuries and parental discipline laws with a father.
- DCJ Officer · turn 1
Mr Wang, we’ve called you in because we’re concerned about your son, Eric. We received reports from his school that he had bruises on his legs last November and, more recently, quite serious bruising around his neck this February. Can you tell us how he got those injuries?
王先生,我們請您過來是因為我們很擔心您的兒子艾瑞克(Eric)。我們收到他學校的通報,稱他去年11月腿部有瘀傷,最近今年2月頸部周圍又出現了相當嚴重的瘀傷。您能告訴我們他是怎麼受傷的嗎?
- Mr Wang · turn 2
我不清楚啊。我每天都很忙,怎麼會知道?平時都是他媽照顧他。我猜他一定是在學校摔跤了,或者跟其他孩子打架了。這個年紀的男孩子不都是這樣嗎?磕磕碰碰很正常啊。
I'm not sure. I'm very busy every day, so how would I know? Usually his mother looks after him. I guess he must have tripped and fallen at school, or gotten into a fight with other kids. Aren't boys this age all like that? Bumps and bruises are completely normal.
- DCJ Officer · turn 3
Well, we haven’t received any reports from his school about Eric having behavioural issues or getting into fights. In fact, his teachers have all described him as a very polite and quiet child. Since this isn’t the first time he’s been reported with fairly serious injuries, we believe there’s a need to have him examined by a doctor. What do you think?
可是,我們並未收到學校有關艾瑞克有行為問題或打架的任何通報。事實上,他的老師們都形容他是個非常有禮貌且安靜的孩子。鑑於這已經不是第一次通報他有較嚴重的傷勢,我們認為有必要帶他去看醫生進行檢查。您意下如何?
- Mr Wang · turn 4
沒必要。我的兒子可沒有問題,他在家能吃能睡,怎麼可能有問題?一點點小傷,不需要醫生檢查。另外,是哪個老師報告的?是他班主任嗎?這是我們家裡的問題,不關別人的事。他們是不是有點小題大做了?
There's no need. There is nothing wrong with my son; he eats well and sleeps well at home, so how could there be a problem? A minor injury doesn't require a doctor's examination. Besides, which teacher made the report? Was it his homeroom teacher? This is a family matter and none of anyone else's business. Aren't they making a mountain out of a molehill?
- DCJ Officer · turn 5
Mr Wang, as I said before, the report came from your son’s school because staff there were concerned that this might be a case of child abuse. Given the nature of Eric’s injuries and the fact that this has happened more than once, we have an obligation to look into the matter. In Australia, there are different forms of child abuse, including neglect, sexual abuse, physical abuse and emotional abuse. In your son’s case, we’re concerned that he may have been subjected to physical and possibly emotional abuse. Do you understand that there are legal limits on the use of physical punishment against children?
王先生,正如我剛才所說,這份通報來自您兒子的學校,因為那裡的教職員擔心這可能是一起虐待兒童的案件。鑑於艾瑞克受傷的性質以及這已非首次發生,我們有義務調查此事。 在澳洲,虐待兒童有不同的形式,包括忽視、性虐待、身體虐待以及精神情感虐待。就您兒子的情況而言,我們擔心他可能遭受了身體虐待,而且可能還有精神虐待。您是否明白,對兒童施加體罰在法律上是有嚴格限制的?
- Mr Wang · turn 6
你是說我虐待兒童?Eric 是我兒子。我生他、養他,他做錯事的時候我當然要管教他。我脾氣是比較急,可能有時候出手稍微重了一點,但我絕對不會虐待他啊。 我做什麼也都是為他好。男孩子和嬌滴滴的女孩子不一樣,不能什麼事情都順著他。俗話說,不打不成材。我小時候做錯事,我爸也打我,我現在不是好好的嗎?
Are you saying I abuse my child? Eric is my son. I gave him life and raised him, so of course I have to discipline him when he does something wrong. I do have a quick temper, and maybe sometimes I hit him a little too hard, but I would never abuse him. Everything I do is for his own good. Boys are not like delicate little girls; you can't just give in to him on everything. As the old saying goes, 'spare the rod and spoil the child.' When I did something wrong as a kid, my dad hit me too, and aren't I doing just fine now?
- DCJ Officer · turn 7
As a parent, you do have a responsibility to set boundaries and discipline your child. But you also need to understand that discipline is one thing; causing bodily harm to your child is another. There are limits under NSW law on the physical force that can be used to discipline a child. If the force used is unreasonable in the circumstances, particularly if it causes an injury, there may be serious legal consequences.
身為父母,您確實有責任為孩子設定界限並進行管教。但您也必須明白,管教是一回事,對孩子造成人身傷害則是另一回事。 根據新南威爾斯州法律,用於管教兒童的體力大小是有限制的。如果在具體情況下使用的武力是不合理的,特別是如果造成了傷害,就可能會面臨嚴重的法律後果。
- Mr Wang · turn 8
怎麼會犯罪呢?我管他是為了讓他知道好好學習有多重要。如果現在讀書不好,將來一輩子沒出息。 你不知道,我每次讓他學習的時候,他屁股就像長刺一樣,根本坐不住。好不容易坐下來學習,還不到半個小時,做出來的題全是錯的,我都要氣死了。 而且這邊的老師在學校根本教不好孩子,回家還不是要靠我們父母?我管教自己的兒子有什麼錯?
How could that be a criminal offence? I discipline him to let him know how important studying hard is. If he doesn't do well in school now, he'll be a failure for the rest of his life. You have no idea—every time I tell him to study, he can't sit still at all, as if he has pins and needles in his seat. When he finally sits down to study, before even half an hour has passed, all the questions he does are wrong; it drives me absolutely crazy. Besides, the teachers at school here don't teach kids properly at all, so doesn't it fall on us parents once he gets home? What's wrong with disciplining my own son?
- DCJ Officer · turn 9
We’re not questioning your role as Eric’s father or saying that you can’t set rules for him. It’s the way the punishment is administered that concerns us. For example, hitting a child around the head or neck, or using a stick, belt or another object to discipline or punish a child, may be unlawful where the physical force used is more than trivial or negligible. If you use unreasonable force and cause injuries such as bruising, the matter may be referred to the police and you could potentially face criminal charges.
我們並不是質疑您作為艾瑞克父親的角色,也不是說您不能為他立規矩。讓我們深感擔憂的是實施懲罰的方式。 例如,擊打兒童的頭部或頸部周圍,或使用木棍、皮帶或其他物品來管教或懲罰兒童,只要所使用的外力超出微不足道或可以忽略的程度,就可能屬於違法行為。 如果您使用了不合理的武力並造成瘀傷等傷害,此事可能會被移交給警方,您可能會面臨刑事指控。
- Mr Wang · turn 10
可我認為,作為父親就是要對兒子嚴厲一些。不嚴厲,他會聽話嗎?現在的小孩子,你跟他好好講,他根本不當一回事。 但是你剛才說的「刑事後果」到底是什麼意思?難道我打自己的兒子幾下,警察還會來抓我嗎?
But I believe that as a father, you have to be strict with your son. If you aren't strict, will he listen? With kids nowadays, if you speak to them nicely, they don't take it seriously at all. But what exactly did you mean by 'criminal consequences' just now? Surely the police wouldn't come and arrest me just for hitting my own son a few times?
- DCJ Officer · turn 11
Depending on the circumstances and the seriousness of the injuries, you could potentially be charged with an assault offence. If criminal charges were brought against you and you were subsequently found guilty, the court would determine the appropriate penalty. There could also be child-protection consequences. If we formed the view that Eric was at continuing risk of significant harm at home, steps could be taken to ensure his safety. In serious circumstances, that could include removing him from his parents’ care and arranging alternative care for him.
視具體情況和傷勢的嚴重程度而定,您可能會被控普通襲擊或人身傷害等罪名。如果對您提起刑事訴訟且您隨後被判有罪,法院將決定適當的刑罰。 此外,還可能產生兒童保護方面的後果。如果我們認為艾瑞克在家中持續面臨重大傷害的風險,我們就會採取措施確保他的安全。在嚴重情況下,這可能包括將他從父母的照料下帶離,並為他安排替代照料方案。
- Mr Wang · turn 12
這麼嚴重啊?那我以後出手注意一點,輕一點囉。我當然不希望兒子被別人帶走。他是我的親生兒子,我怎麼可能想害他? 可是說實話,有時候我真的忍不住不衝他發火。特別是叫他做功課,他就是不聽,我講十遍、二十遍都沒用。我一著急,脾氣就上來了。
It's that serious? Then I'll be more careful and hit him more lightly in the future. Of course I don't want my son taken away by others. He is my own flesh and blood, so how could I ever want to harm him? But to be honest, sometimes I really can't help losing my temper at him. Especially when telling him to do homework—he just won't listen no matter if I tell him ten or twenty times. As soon as I get frustrated, my temper flares up.
- DCJ Officer · turn 13
I understand that parenting can be stressful, but simply hitting him less severely doesn’t address our concern. If you’re finding that you lose your temper and can’t control how you react, there are services that can help you develop other ways of managing Eric’s behaviour. What we need from you is a commitment that you won’t use physical force that could injure him. We would also like Eric to be medically assessed and to speak with him separately so that we can make sure he is safe.
我理解育兒可能壓力很大,但僅僅下手輕一點並不能消除我們的擔憂。如果您發現自己容易發脾氣且無法控制自己的反應,有一些專門機構可以幫助您學習其他引導和管理艾瑞克行為的方法。 我們需要您做出承諾,絕不使用可能傷害他的武力。我們還希望艾瑞克接受醫療評估,並且與他單獨交談,以便確保他是安全的。
- Mr Wang · turn 14
你們還要單獨跟他談?那他會不會以為我們不要他了?我不想把事情搞得這麼大。 如果你們只是想確認他沒事,我可以讓他去看醫生。不過我希望你們也明白,我管他真的是為他好。我只是有時候控制不住自己的脾氣,不是真的想傷害他。
You want to speak with him alone too? Won't he think we don't want him anymore? I don't want to make such a big deal out of this. If you just want to confirm he's okay, I can let him see a doctor. But I hope you also understand that I discipline him truly for his own good. I just lose control of my temper sometimes; I don't really want to hurt him.
- DCJ Officer · turn 15
Allowing Eric to see a doctor is a good first step. Speaking with him separately doesn’t mean that anyone has decided to remove him from your care. We need to hear from Eric himself and assess his safety and wellbeing. We’ll also discuss some parenting and family-support services with you. The important thing now is that you cooperate with the assessment and make sure Eric isn’t subjected to any further physical harm.
同意讓艾瑞克看醫生是良好的第一步。與他單獨交談並不意味著有人已經決定將他從您的照料下帶離。我們需要親自聽取艾瑞克的說法,並評估他的安全與身心健康。 我們還會與您探討一些育兒和家庭支援服務。目前關鍵的是您要配合評估,並確保艾瑞克不再受到任何進一步的身體傷害。
- Mr Wang · turn 16
好吧,我明白了。我會配合你們,也會讓 Eric 去做檢查。我以後真的要想辦法控制一下自己的脾氣,不能一生氣就動手。 不過如果有什麼問題,你們先跟我說清楚。我不希望 Eric 因為這件事受到影響,更不希望他被帶離我們家。
Alright, I understand. I will cooperate with you and let Eric have the checkup. In the future, I really need to find ways to control my temper and stop resorting to physical violence whenever I get angry. However, if there are any issues, please explain them clearly to me first. I don't want Eric to be affected by this, and even less do I want him removed from our home.
- DCJ Officer · turn 17
That’s understood. Our immediate priority is Eric’s safety and wellbeing. We’ll explain each step of the assessment to you, and you’ll have an opportunity to ask questions. For now, we’ll arrange the medical assessment and discuss the support services available to your family. We’ll then determine whether any further child-protection action is necessary.
完全理解。我們當前的首要任務是艾瑞克的安全與身心福祉。我們會向您解釋評估的每個步驟,您也將有機會提問。 目前,我們將安排醫療評估,並討論您家庭可以獲得的各項支援服務。之後,我們將評估是否需要採取進一步的兒童保護措施。
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