Oligopoly in the Beer Industry
Oligopoly is a market structure in which a few but large sellers dominate the market. Owing to their favorable position, these sellers can greatly influence the price of a product among other market forces. For instance, the US beer industry is dominated by Anheuser Busch and MillerCoors. These two account for close to 80% of the total beer sales. In many instances, large businesses will strive to maintain their dominance
Advantages of larger brewers over small competitors
Large brewers have enough capital to invest in an extensive and nationwide supply chain. In the United States, this has meant that most beer distributors now align themselves to one of the two brewers. For example, one can be a blue distributor (for MillerCoors brands) or red distributor (for Anheuser Busch brands). Consequently, these distributors will favor brands from these two companies. Since they can afford large expenses, large brewers use large trucks or trains to transport their products to local markets. This ensures that they can compete in every market. Small competitors that have to be wary of expenses cannot afford such an extensive distribution channel (Guo 2006).
Another advantage of large brewers is that they can afford the latest technology, thereby increasing their efficiencies even as they cut on production costs. For example, their acquisition of modern canning and bottling technology has enabled them to fill around 2000 cans per line every minute. In essence, they produce many beers in a single day. This makes sure that their products will never run out in any given market. Their use of automated procedures has also saved labor costs associated with brewing and warehousing. Other technological factors have also acted in their favor. For instance, the cost of constructing a 4.5 million barrel plant is one third less than the cost of constructing a 1.5 million barrel plant. This means that small beer companies incur more costs when constructing their significantly smaller plants. This is a key impediment to their expansion efforts.
Unlike small competitors, large brewers can advertise nationally. This has two key advantages. First, advertising nationally means that their beer brands are recognizable throughout the country, including localized markets. Second, advertising nationally is cheaper. This saves on costs. By virtue of their position, large brewers can partner with sponsors of events such as sporting competitions, music concerts and other public events. Furthermore, they usually have advertising contracts with sports venues. This implies that they can establish beer taps and other related placements all over these venues. A person looking for a brand from a smaller competitor will spend a considerable amount looking for it. In some cases, these smaller brands may be prohibited in such events or venues. The ease with which beer brands of large brewers can be found at such events gives them a massive advantage over smaller brands.
The Australian beer market
The Australian beer market is largely dominated by two companies: SABMiller and Lion Nathan. Thus, this market is an oligopoly just like the US beer market. SABMiller’s market share is estimated to be 48% while Lion Nathan’s share is about 41%. This implies that, together, these two companies control 89% of Australia’s beer market. After these two, the next biggest company is Coopers. However, this accounts for only 3.6% of the total market share. SABMiller and Lion Nathan are foreign-owned, an indication that Australia’s own beer production is just a minor fraction of national consumption. The dominance of these two was rubberstamped in 2011 when the Australian Competition and Consumer Commission allowed SABMiller to acquire Foster’s, a company that was threatening to take away a portion of the market from the big two. Its actions neutralized the competition (Richardson 2012).
Comparing the US and Australia beer market
From the case study, it is clear that the two dominant beer companies in the US are Anheuser Busch and MillerCoors, with these two accounting for 76% of the total beer market share. Similarly, the Australian beer market is oligopolistic with the dominant companies being SABMiller and Lion Nathan. Thus, in many senses, the case study reflects the situation in Australia.
One clear comparison between the two markets is the ownership of the four companies. Anheuser Busch is fully owned by Belgium beer firm InBev. This means that even though it dominates the US, it is actually foreign owned. On its part, MillerCoors is a joint venture by Molson Coors (itself a joint venture between Molson of Canada and Coors of the US) and SABMiller (headquartered in the UK). This means that by and large, these two companies are foreign owned. As for the Australian companies, Japan firm Kirin Holdings owns Lion Nathan while SABMiller is fully owned by its parent company (Hasegawa 2010). This also implies that SABMiller dominates the beer markets in both the US and Australian despite the fact that it is based in the United Kingdom. In terms of revenues, InBev and SABMiller are the two biggest beer companies in the world.
Another comparable feature between these two markets is the way the dominant companies achieved their leading positions. In both countries, SABMiller bought off a third competitor, thereby neutralizing competition. In 2007, the three leading beer firms in the US were Anheuser Busch, SABMiller and Molson Coors. However, SABMiller bought the US operations of Molson Coors, thereby forming MillerCoors later that year. This move reduced competition significantly. This ensured that only two big firms remained to compete in the market. Similarly, before 2011, Foster’s, Lion Nathan and SABMiller were dominating the Australian beer market. In fact, before its purchase, Foster’s was the producer of Australia’s number one beer Victoria Bitter. In 2008, this beer had a market share of 22% (Smith 2011). Just like it had done in the US in 2007, SABMiller purchased Foster’s in 2011. This move also watered down the competition and ensured that only it and Lion Nathan control the market.
Before SABMiller took over Foster’s, it used to run a joint venture called Pacific Beverages with Coca Cola Amatil. This allowed it to distribute many of its beer brands throughout Australia. Before the takeover, Pacific Beverages had 2% of the market share. The two companies had also discussed plans of building another brewery. If this had gone ahead, Pacific Beverages would have posed a major threat to the dominance of SABMiller, Foster’s and Lion Nathan. To prevent this threat, SABMiller decided to cancel the venture with Coca Cola Amatil (Christopher 2012). As a result, it was able to cancel out all competition apart from Lion Nathan.
Large brewers always use their position to control beer distribution channels to make certain that their products are available in local markets. Just like in the United States, the two dominant firms in Australia dominate the distribution channels. In addition, they compete in distributing popular foreign produced beers. For example, Lion Nathan is the official distributor of Stella Artois in the country. Stella, a Belgian production, is the fourth most popular imported premium beer in Australia. Lion Nathan also distributes Budweiser and Beck’s. Similarly, SABMiller has been the long running distributor of Corona, a Mexican beer production and is the most popular imported premium beer in Australia. Its market share in that category is 34% (Ramirez 2011). The dominance of the distribution channel has meant that these two boast the ten highest selling beer brands in the country.
Impact of factors on Australia beer market competition
Geography and Size
Australia is the largest sixth largest country in the world. For its size, its corresponding population of around 21 million is low. However, this has vital implications to the beer industry. Due to its large size, Australia has a number of islands (seven) and territories (ten) in addition to the mainland. The mainland has been divided into six states (Banting 2003). The dominance of two companies has meant that most brewers produce craft beer brands that will compete with other regional brands. Each state, island and territory boasts its own local beer. Thus, the main objective of many beer manufacturers is to compete regionally.
Unlike the beer industry, there is a lot of competition in the wine and spirits industries. For instance, the biggest five wine companies control only 43% of the wines market. In addition, the major spirits manufacturers control 82% of the market (Richardson 2012). These statistics show that the wines and spirits are markets are more feasible than the beer market. This suggests that many alcohol companies would rather venture into the wines and spirits business than the beer business.
The big beer companies have ease of access to the latest manufacturing technologies, especially considering that their parent companies are based in technologically advanced countries. Moreover, their huge revenues mean that they can obtain the latest technological advances. This means that while these companies can benefit from the manufacturing and distribution efficiencies that come with the latest technologies, other smaller companies cannot due to cost constraints. Consequently, technological advances have only enhanced the dominant positions of SABMiller and Lion Nathan.
Contestability of the market
In this country, the contest is between Lion Nathan and SABMiller. At present, the third biggest beer company in Australia has a market share of only 3.6%. Other companies have to compete for the remaining 6.4%. These figures indicate that the Australian market is largely oligopolistic and uncontestable to many companies. The smaller companies have been forced to contest in the craft beer segment. These brewers contest with other regional brewers. Nationally, however, the real contest is between the big two, who boast the top ten highest selling beer brands. The situation would have been different had the Australian Competition and Consumer Commission opted not to allow the purchase of Foster’s by SABMiller.
This has probably been the most dominant factor that has shaped the competitive nature of Australia’s beer industry. Presently, international companies control the market such that the biggest local manufacturer has a 3.6% share. Meanwhile, foreign beers such as Corona, Stella Artois and Budweiser are popular among the public. Australia opening up itself for international trade and foreign direct investment has played a major role in defining the competitive nature of the beer industry. In the past, local companies have been competing to distribute popular foreign beers. The foreign dominance has limited the popularity of local beers.
Banting, E. (2003). Australia. New York, Crabtree.
Christopher, E. (2012). International management: explorations across cultures. London, Kogan Page.
Guo, Y. 2006. Global Big Business and the Chinese Brewing Industry. London, Routledge.
Hasegawa, Y. 2010. Rediscovering Japanese business leadership 15 Japanese managers and the companies they’re leading to new growth. Hoboken, N.J., Wiley.
Ramirez, D. 2011. Brew masters battle for Australian beer market. Retrieved 8 March 2014 from http://bizmology.hoovers.com/2011/12/20/brew-masters-battle-for-australian-beer-market/
Richardson, D. 2012. ‘The liquor industry’. Technical Brief, no. 14, pp. 1-30.
Smith, H. 2010. Melbourne, Victoria & Tasmania. Madison, Hunter Publishing Inc.
Evolution Influence on Nursing Practice
From the American Civil War of the 1860s and the revolutionary and remarkable works of Florence Nightingale to modern day technology-aided practice, nursing has evolved over the century to become the cornerstone of healthcare delivery systems globally. The evolution of nursing has transformed not only nursing practice but also key areas of nursing such as education, theory and research. Nursing practice in particular has been markedly influenced by nursing evolution with new work settings, cultures, job responsibilities, and career training emerging over the past decades.
Nursing evolution has radically transformed the setting and culture of nursing practice. For pioneer nurses such as Florence Nightingale and thousands of American nurses who provided care to injured soldiers during American Civil War, the battlefields, homes and a few hospitals served as the settings for delivering their services(Klainberg,2010). Such settings were inadequately equipped. The equipment used for nursing care were rudimentary, inaccurate, inefficient,and sometimes cumbersome due to their large sizes. This also reflected on the nursing practice culture during this early years. With nursing evolution spurred by technological developments and improved nursing training approaches, the settings and culture has transformed significantly. Today’s nursing practice is aided by a wide range of modern technologies that are efficient, less cumbersome, user-friendly, and accurate(Duquesne University,n.d). Patient information collection, storage, sharing, analysis, and access have been digitized. Technologies such as Google Glass, electronic health records (EHRs), telemedicine, Internet of Things (IoT) and Patient Portals have significant changed nursing practice setting and culture today whether in the battlefield, hospital, homes, schools, and research stations and laboratories.
As a result of nursing evolution, nursing practice today is characterized by expanded responsibilities. Unlike during the past decades, today’s nurses are tasked with making critical decisions that enhance patient safety and quality of healthcare delivery. Decisions such as prescription of medications to patients were a reserve for physicians. In cases where they performed such responsibilities, a licensed physician always supervised them. Contrastingly, nurses today make primary-care provision decisions without oversight from physicians. With improved training which has become one of the hallmarks of nursing evolution, nurses are increasingly becoming autonomous decision makers with greater authority and responsibilities within healthcare systems. As a result of training, nurses have evolved from caretakers and primary care providers into specialized personnel, capable of driving innovations and policy development (Duquesne University,n.d; Thomas, Seifert& Joyner, 2016). Nursing practice specialties have increased significantly with nurses having the opportunity to work as clinical nurses, emergency room nurses, and pediatric nurses among others.
One of the pillars of nursing evolution is nursing education which has revolutionized nursing practice. During the early centuries of nursing practice, nurses primarily relied on apprentice training to learn new skills. A practical-based approached to nursing education confined nursing practiced to a few specialty areas and narrow and short career development pathways(Duquesne University,n.d). However, transformative foundation by pioneer nursing educationist, Florence Nightingale, sparked a major evolution in nursing by providing the platform for classroom-based learning(Klainberg,2010). Today, nursing practice is taught using modern technologies that allows for greater career progression and opportunities. New education levels now exist in nursing practice including baccalaureate degree, vocational nursing training, and associate nursing degree among others(Blais& Hayes, 2016). Technologies such as simulators offer nurses an opportunity to horn and perfect their skills within classroom settings while complementing with apprentice-style nursing practice sessions. According to Thomas, Seifert and Joyner (2016), registered nurses have been on the forefront on innovative change due to advanced training. This includes driving change in innovative technologies and policies development and provision of primary care.
In conclusion, the centrality of nursing in healthcare delivery is founded on the critical services and care offered by nurses in various settings. Over the years the profession has evolved as a result of technological advancements, complexity of healthcare needs, and training approaches. Consequently, key areas of nursing practice such as training, settings and professional responsibilities of nurses are evolved too.
Blais K. K., & Hayes, J. (2016). Professional nursing practice: Concepts and perspectives (7th ed.). London, UK: Pearson Education.
Duquesne University. (n.d). The evolution of nursing. Duquesne University: School of Nursing. Retrieved from: https://onlinenursing.duq.edu/blog/the-evolution-of-nursing/
Klainberg,M. (2010). “Chapter 2: An historical overview of nursing.” In Klainberg, M. &Dirschel, K. M.Today’s Nursing Leader: Managing, succeeding, excelling. Burlington, MA: Jones & Bartlett Learning. Retrieved from: http://www.dphu.org/uploads/attachements/books/books_5384_0.pdf
Thomas, T.W., Seifert, P.C.,& Joyner, J. C. (2016). Registered nurses leading innovative changes. OJIN: The Online Journal of Issues in Nursing, 21(3), Manuscript 3.Retrieved from: http://ojin.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Vol-21-2016/No3-Sept-2016/Registered-Nurses-Leading-Innovative-Changes.html
Comparing Leadership Models
The presence of multiple leadership styles that one can choose from does not imply that leaders are restricted in terms of the styles they use. Leadership styles vary based on various factors including the people under leadership, the situations in which leadership is demonstrated, and the outcomes expected from leadership decisions. The effectiveness of a leadership style will also depend on who is applying it and to what extent he/she adheres to that style in decision making. In most cases, the evolution of leadership styles enables organizations and leaders to grow in one way or the other. As an organization grows in the number of employees it has, for instance, the leadership style also has to evolve to match the evolving needs of the organization. Different leadership styles are suitable for different situations, and leadership stories form an excellent starting point for explaining the factors that contribute to the effectiveness of a leadership style.
Chapter 12: Sharing is Performing
The story of AirBnB, through the initiation and leadership by Brian Chesky and Joe Gebbia, demonstrates a perfect example of participative/democratic leadership in which employees at all levels of the organizational hierarchy are involved in decision making to a certain extent. The organization’s customers are also included in the decision-making process in as far as their interests are concerned. Through the leadership of the two individuals, guided specifically by Chesky’s beliefs and principles, a small idea from a student grew into a viable business that expanded into a multibillion business (Gallagher, 2014). Accordingly, this story is proof that participative leadership is effective towards promoting equality in the workplace. Chesky’s response to his housemate situation was informed by the awareness that there is constantly a need for a bed and breakfast solution from people who may not necessarily consider hotels as a viable option.
In seeking a bed and breakfast solution, participation is mandatory since the clients have significant say into what would fit their needs. Similarly, employees at any bed and breakfast have to develop communication practices that foster the building of relationships between the clients and the organization. It is only in this way that AirBnB can consistently attract customers and build its profitability. The participative leadership approach encourages proper communication across organizational hierarchies, enables leaders to ask for the opinions of their followers in decision making, and increases job satisfaction and creativity among employees (Nanjundeswaraswamy & Swamy, 2014). In the hospitality industry, the relationship between employees and the clients is really important to business success. As such, leaders have to create an environment in which employees are not only satisfied with their jobs but are also willing and communicative about their needs. This is the kind of environment that was created by Chesky, hence promoting the capacity of employees to create positive relationships with the clients.
Chapter 13:Authoritarian Leadership
The second leadership story is that of the first female president of South Korea, Park Guen-hye. The preconception of Park’s leadership as potentially democratic and thus beneficial to the country was considered a probable foundation for democratic elective process. However, it appears that the leadership eventually turned out to be authoritative. From corrupt dealings to forceful donations, all activities by the presidency and those close to it proved to be unfair to the country and its citizens. Additionally, religious leadership also appears to have had an influence on the country’s president. Authoritative leadership led to the impeachment of the president as the nation realized that her decision making was not in accordance with the hoped-for democracy. While Park Guen-hye may not have been individually corrupt, her association with others gave them the opportunity to steal from the public.
From Park’s story, authoritative leadership may not be effective for an elective position or even for leadership in a situation with several people with varying interests. As a national leader, understanding the needs of one’s people is crucial for effective leadership. Moreover, there should not be any favoritism or discrimination among the different members of the community. In a national leadership context, other leadership styles such as participative leadership may be suitable for different circumstances. A certain degree of authoritarian rule is required to ensure that planned progress is achieved (Nanjundeswaraswamy & Swamy, 2014). For instance, the circumstances in which Park found herself could have been averted had she used her authoritarian rule to prevent rather than protect corruption. Participative leadership could be more suitable where public participation is required to foster a cause that has the probability of being beneficial to the nation. The choice of the right leadership style in the right circumstances defines situational leadership, which is the most suitable for a national leader.
Chapter 15: Organizational Culture and Structure
GitHub and Chris Wanstrath give another descriptive leadership story that highlights a lot in reference to the choice of leadership style and how it influences decision making. Accordingly, this story also confirms that the organizational structure plays an important role in the choice of leadership style. The choice of leadership style and the organizational structure have a cause-effect relationship in that wrong choice of leadership style can result in a chaotic organizational structure. Similarly, the wrong organizational structure can destabilize the application of a leadership style. GitHub illustrates how the leadership influences organizational structures and the performance of all employees (Bort & Weinberger, 2016). The organizational structure is also intertwined with the concept of culture, which can be difficult to change regardless of the style of leadership employed. In this essence, the organizational culture may promote or hinder the practice of effective leadership even where the right people are in position, as evidenced in the case of GitHub.
A situational leadership approach enables leaders to examine the circumstances under which they need to make decisions and then make decisions that ensure that the organization moves in the right direction. Such a style is beneficial in many ways including through its ability to initiate transformation, through employee inspiration, and by encouraging high level of employee involvement. Each of these would have helped in the development of the right organizational structure at GitHub.
Considering the three different situations, it is improbable to say exactly which leadership style is the best among the three.The choice of leadership style should be more dependent on the people being led and on the needs of the different groups rather than on the personal choice of the leader. From an examination of the highlighted situations, it is clear that a combination of authoritarian, democratic, and situational leadership can be used successfully, with varying degree of application of each leadership style based on the specific context of application and the people involved. From this analysis, therefore, it is deductible that no leadership style is independently satisfactory or effective no matter the circumstances under application.
Bort, J., & Weinberger, M. (2016, February 6). GitHub is undergoing a full-blown overhaul as execs and employees depart. Business Insider. Retrieved from www.businessinsider.com/github-the-full-inside-story-2016-2;
Gallagher, L. (2017, March 24). Why Airbnb CEO Brian Chesky is among the world’s greatest leaders. Fortune. Retrieved from fortune.com/2017/03/24/airbnb-brian-chesky-worlds-greatest-leaders/;
Nanjundeswaraswamy, T.S., & Swamy, D.R. (2014). Leadership styles. Advances in Management, 7(2), 57-61. Retrieved from www.mnsu.edu/activities/leadership/leadership_styles.pdf
Evolution of Employment Law
The history of labor law entails the story of the conquest of citizenship by the employee, to pass “silence to speech”, in the words of Jacques Le Goff. Throughout the history, evolution of employment law has been subject to the ups and downs of history, autonomous text of such legal practices however, only really appear at the late nineteenth century.Understanding how the employment laws have evolved over time is critical to shaping the future formulation and implementation of such laws.
The limitation of child labor and the recognition of freedom of association are among the major laws initiated.The law of 10 May 1884 prohibits the work of children under 12 and creates a body of inspectors to put the employer on notice (Clayton, 2018). One of the first major labor laws, adopted on June 12, 1893, for the first time, obliged the employer to respect a number of rules of hygiene and safety in professional premises far too much often unhealthy.
Recognition of work accidents is also one of the great achievements in implementation of employment laws.The principle of the supremacy of the contract, dear to the liberals, carried the correlative acceptance of the employee of the risks of work in line with the main principles of the Civil Code. However, the Court of Cassation, in a first judgment dated June 21, 1841, operates a reversal of jurisprudence to admit the action of the worker against his/her boss on the basis of the tort of section 1382 of the Civil Code (Clayton, 2018). This law adds an additional obligation for the employer, previously only required to pay a salary, an obligation that truly establishes the right to work by the establishment of what will become at the end of the nineteenth century, the contract of employment and no longer a civil contract of hire of work.
These fundamental rights are today integrated into the fundamental principles recognized by the laws. However, as early as 1975, the climate changed, industrial jobs gradually disappeared, and unionism weakened.The trend is towards the gradual weakening of the collective rights of employees (Bower, 2016). As a result, over the years, there has been a gradual erosion of the labor law base, state law, to rely on a necessarily unequal balance of power in a period of scarcity of employment, or even on direct negotiation between the employee and the employer. The idea behind the whole construction of the labor law, according to which the employee was to be protected against his/her individual will, was renounced, his/her protection being conceived as the counterpart of his/her subordination. The collective rights of employees are gradually weakened.
In general, over time, employment laws have undergone significant changes. With regard to laws governing child labor, laws have transformed from a time when children were employed and allowed to work to presently where child labor is prohibited and punishable by law. Further, laws relating to work safety have largely changed across time with increased safety and environmental standards being required of organizations. Indeed, more changes are expected in future as policy makers seek to fill loopholes and encourage worldwide good practice with regard to child labor and work place safety.
Bower, J. (2016). Blackstone’s Employment Law Practice. London: Oxford University Press, Oxford.
Clayton, D. (2018). Legal Update: Employment Law. Law Society Gazette, 10 (2), pp. 112-116.
Understanding human sexuality involves explaining the different components of love and relationships. Love can be expressed through emotions, understanding, and commitment between different individuals or groups of people. Various components of love can be used to explain the kinds of love that exist in the social, religious, or cultural environments. Although love is a complex component, understanding its various constituents including commitment and the triangle, helps in explaining its ability to influence human life.
Love, commitment, and intimacy are all components that make up the relationships between different people. Love encompasses a wide range of positive emotional states arising from kinship or having close personal bonds. Commitment refers to the decision of being loyal, giving promise, and having a strong belief to accomplish or support the performance of any task. Additionally, intimacy relates to close friendship or familiarity between individuals, such as friends, families, and colleagues.
Sternberg’s Triangular theory of love explains love using three terms, which are intimacy, passion, and commitment/decision. Intimacy refers to the feelings of bonding and connectedness and the emotions that lead to experiencing the warmth of being at ease with another person (Yarber et al., 2016). On the other hand, passion refers to a strong feeling that leads to physical attraction, romance, and sexual consummation and other arousal forms that one experiences in a love relationship. Commitment refers to the decision one makes to be loyal or having a healthy attitude to support someone and maintain a relationship. The triangle is used metaphorically to explain the mentioned components of love as one component that can lead to another or both components.
The three components of love, when combined in different ways, generate eight different kinds of love. These kinds of love include non-love, infatuation, empty love, romantic love, liking, compassionate, fatuous, and consummate love. Non-love refers to the absence of the three elements of love leading to no connection of love in a relationship. Infatuation refers to passion without intimacy and commitment in a relationship, empty love is the decision to be committed to a person without intimacy or passion component. Romantic love involves the combination of passion and intimacy components of love. Additionally, liking love involves only the intimacy component without commitment and passion components (Sorokowski et al., 2017). Compassionate love refers to a combination of intimacy and commitment without passion. Fatuous love results from a combination of commitment and passion without intimacy, whereas consummate love involves a complete love combing all the three components of love.
Differences in the amount of love in a relationship represent the different areas of the love triangle. More love yields to a greater area of the love triangle. Additionally, variance in the balance of the components of love is represented by the distinct triangle shapes. The theory of love and the geometry of love are valid in explaining the importance of different components of love. Passion, commitment, and intimacy cannot be used extensively to describe love in relationships, as the elements may depend on the different conceptions of love. On the contrary, these elements are acquired from the experience of other people or reading from stories of people in the media (Brannan et al., 2018). Additionally, the models of relationships between people depend on the culture of love exhibited in the present environment.
Different types of love exist, and they include agape, erotic, affectionate, familiar, playful, obsessive, enduring, and self-love with each type having distinct features. Agape love refers to a selfless, kind, and unconditional love that is free from desires of love, notwithstanding the shortcoming of others. Erotic love involves passionate, physical, and romantic love and is associated with lust and sexual intimacies. Additionally, people fear this love as it leads to obsession and infatuation of selfish personal pleasures (Lomas, 2018). Affectionate love involves friendship without sexual acts and often exists between people considered as equals. Familiar love involves a strong kinship and familiarity bond between individuals. Playful love consists of the infatuation feelings of love and the physical presence of the person for which one feels this love excites the body. Obsessive love involves the strong, uncontrollable, and possessive feelings of being desperately connected to another person or object. Enduring love, on the other hand, refers to a love that has matured, aged, and developed over time. Finally, self-love refers to the love of caring for and showing affection to oneself without being self-obsessed and jealous.
Drawing our love triangle provided a chance for my partner and I to evaluate our love relationship. We assessed the components of love and we compared against each other’s finding to determine the kind of love we have. We matched our triangles and came up with an equilateral triangle based on our religious, cultural, and economic environment. Balancing these elements has led us to build a consummate love and ensure to support each other’s dreams, hence develop a lasting love.
Sternberg’s triangle theory of love explains the different components of love and how they give rise to different types of relationships. These components are used to describe basic kinds of love and types of love relationships. Additionally, the theory enables individuals to analyze their love and determine ways to improve their relationships.
Brannan, D., & Mohr, C. D. (2018). 7.5: Love, Friendship, and Social Support.
Lomas, T. (2018). The flavours of love: A cross‐cultural lexical analysis. Journal for the Theory of Social Behaviour, 48(1), 134-152.
Sorokowski, P., Sorokowska, A., Butovskaya, M., Karwowski, M., Groyecka, A., Wojciszke, B., & Pawłowski, B. (2017). Love influences reproductive success in humans. Frontiers in psychology, 8, 1922.
Yarber, W. L., & Sayad, B. W. (2016). Human sexuality: Diversity in contemporary America (9th Ed.). New York, NY: McGraw-Hill Education. (ISBN: 0077861949, 780077861940
Influence of Race in Healthcare Access
Race is defined as the broadest distinction made among humans, which groups people together according to their appearance peculiarities. There is a biological basis for distinguishing the human species in terms of races, yet it has been used to describe people since the 18th century. The author asks if the race of a person should be used to determine the recommendation and treatment given by a physician (Barr 229). The answer to this question is yes, since some diseases seem to affect particular groups of people more than others. Also, the difference observed among races, the skin color, is caused by an environmental and biological phenomenon.
An example is given, of a white researcher going to work in the tropics near the equator. The intensity of the ultraviolet rays of the sun is higher in the tropics than in the Mediterranean climate. The researcher is at a higher risk of developing skin cancer, as his skin has much less melanin to protect him from these rays. The residents of these countries have an abundance of melanin in their skins making them immune to the effects of these rays. A physician might advise him on the basis of his race to apply sunscreen for protection against the sun, but will not recommend the same. This is a medical decision that is made on the basis of the race of the patient, and it is valid (Barr 233).
Some medications appear to be more effective in certain races than others. An example is Travatan, used in the treatment of glaucoma. Travatan is found to be more in persons of African descent. Scientific probe revealed that this might have been caused by the high levels of pigment found in the eyes of black persons. The pigment enhanced the action of mediation, making it more effective in black persons. It also had the effect of increasing the intensity of melanin pigment in the eyes and around them, resulting in a darkening effect and changing the color of the eyes from other colors to dark brown. This might not be a problem for black persons as the change would not be apparent. It however, may be an issue for white persons (Barr 238). The physicians may therefore recommend this to black persons without reservations. When prescribing to white patients, he/she may have to point out to them the possible side effects of the drug.
It is scientifically proven that women from the Jewish ethnic group have a higher chance of getting breast cancer than women from other ethnic groups. Even though prevalence of breast cancer among black women is lower than that of white women, they have a greater risk of dying from the disease, as it is noticed only after it has spread from the breasts to the rest of the body. The reason for this is that most black women lack the financial means to get early detection of the disease (Barr 249). This establishes the key difference among the races that is responsible for the disparity in access to medical care: social economic status. Most people in the minority group are blacks and Hispanics. The have a lower economic power compared to whites and this makes them differ in the quality of health care that they can afford. It influences the nutrition available to them, the sanitation of their places of residence and their psychological disposition.
The higher levels of hypertension experienced by black men compared to whites may in my opinion, be a result of stress associated with not being empowered economically. The ancestors of blacks have had a long history of oppression that had them live under constant duress, and that might have been passed on to their offspring. The satisfaction levels of patients depends on the trust they place on the physicians, and having the diversity of the medical practitioners mirroring that of the general population might help a lot in increasing the satisfaction levels of the minority groups.
Barr, Donald A. Health disparities in the United States. Baltimore: Johns Hopkins University Press, 2008. Print.
Types of Computer Crimes
Characteristically, computer crime can be classified by the kind of activity which happens. Four elementary classes are exploited in relating to computer crime. These include theft, fraud, copyright violation, and attacks.
Theft in computer crime designates either illegal confiscation of physical items like hardware or illegal deletion copying of data or information from a computer system.
Fraud on the Internet operates on the gamut from credit card presents which are exploited only to take personal information, to stockholder placements which stimulate a stock or asset offer to inspire investment.
- Copyright violation
The Internet has presented an exclusive chance and environment for copyright violation. This kind of computer crime involves the use of software, which is not suitably attained or bought.
- Attacks on firms and individuals
Attacks on firms’ management information systems may be considered as being physical or logical. There are numerous circumstances where web sites, produces, and individuals being attacked by dangerous personalities or assemblies.
Information Systems and Technology Weaknesses
There are numerous categories of activities which may also impair information systems and associate technology. These deeds may lead to criminal charges relying on the situations and impact on information systems. Presently, these accomplishments fall inside the categories of viruses, worms, Trojan Horse, time bomb, logic bomb, and trapdoors.
A virus refers to a program with aim to harm or make a computer organization unusable. The virus technique of attack is to embed itself to particular files like data files.
Worms are another critical program fashioned to create variability information systems and associate technology. Worms vary from viruses because a worm is an unrestricted operating program.
- Trojan Horse
This software program obtains its nomenclature from the Greek mythos portraying war action between the Greeks and Trojans of Troy. Normally, a Trojan Horse does something damaging whereas the person at the computer keyboard imagines they are downloading or copying a simulation or some other proper file. The Trojan Horse frequently loads a software application to be used in a later Denial of Service attack and decrypts ones access codes, credit card numbers that are stored within their computer system
- Time bomb
This refers to software bouts that are intended to happen at a programmed time or date. The dissimilarity between a time bomb and a virus is that theoretically the time bomb does not extend.
- Logic bomb
Logic bombs refers to software invasions that activated by a programmed occurrence. The most corporate logic bombs happen when IT personnel are decommissioned from service.
Trapdoors refer to system appearances that evade safety system. These are concealed logins or executive user descriptions added by system designers for devious motives.
The biggest challenge in the cybercrime investigation is to apprehend the criminal investigation is to understand the criminal offence and secondary to substantiate it. Moreover, real time co-operation and accepting of legal issues offers another challenge to computer crime investigation.
In conclusion, computer crime risks management can be achieved in information systems settings. Security is a misapprehension as any computer system can be invaded and greatly attacked under the right situations. Consequently, the paramount hazard is to be complacent with such computer crimes in any setting.
Casey, E. (2010). Digital evidence and computer crime: forensic science, computers and the internet. London: Academic.
Toren, P. (2003). Intellectual property and computer crimes. New York: Law Journal Press.
Vecca, J. R. (2005). Computer forensics: computer crime scene investigation. Hingham, Mass: Charles River Media.
The issue of sexuality is a very critical aspect of an individual’s health, lifestyle, identity, orientation, and the way in which a person’s body operates. Galea at el (2004) agrees that is not contention as to whether individuals are sexual beings, though, the juxtaposition connecting intellectual disability and sexuality, has produced beliefs that individuals with intellectual disability are sexless, overly promiscuous, or eternal children. These conflicting views have helped in shaping array of mistakes that have generated a eugenics practice. Some actions and behaviors towards individuals living with intellectual disability include sexual subjugation as well as involuntary sterilization.
The doctrines and values of normalization as well as social role enhancement, which have progressively been immersed into the European nations has implied that the right’s based position for individuals with intellectual disability has changed in terms of accessibility to employment, socialization, and education. So far, the right for an individual with intellectual disability to optimize their sexual ability in terms of their sexual wellbeing, engaging in a relationship, having sexual exposure or intercourse, or procreating is still not realized. Lesseliers (1999) finds that individuals with intellectual disability hardly gain the access to correct and precise sexual knowledge and whenever they do obtain such information, it is given wrongly in an effort to discourage it. Individuals living with intellectual disability may also lack the private as well as safe place to participate in sexual activities. It can be said that there appear to surface a fused arrangement of institutional practices including staff, parental, and communal attitudes; obstacles such as reduced sexual knowledge and information, and the problem of sexual abuse that will impact individuals with intellectual disability, will have a sexual connection and whether it will be harmful or helpful.
The researcher bear in mind that when undertaking a descriptive phenomenological study, the creation of a review of literature is accomplished after data collection as well as data analysis is achieved. Nevertheless, in keeping with the research procedures of this proposed study, the researcher is required to perform a literature review before any form of data dissemination is done .The decision to undertake this particular study has been fundamentally influenced by the researcher’s own personal experience with people living with intellectual disability. A clear picture appears to be a professional uncommunicativeness in championing the sexual rights of people with intellectual disability. Nurses are trained in order to observe, listen, and support the bio-psychosocial requirements of persons under their care. This study is intended to assist in liberating as well as addressing the issues surrounding persons living with intellectual disabilities as it relates to their sexual experiences that may have been hitherto deprived.
Literature continues to reveal that barriers to sexual experience, including structural barriers greatly influence and affect people with intellectual disability. Moreover, research on parental attitudes indicates that many parents hold restrictive attitudes principally as it correlates to their children becoming parents or engaging in relationships. Most parents seem to protect their children from potential harms that sexual maturity brings. Therefore, the corollary of this may imply keeping their children in a state of suspended adolescence, which in return denies children any chance of creating intimate relationships. There is an apparent and urgent need for education programs that are aimed at parents in efforts to support then in their transition as well as provide psychosexual support to their children.
What are the sexual experiences of persons with a mild intellectual disability?
Research aims and objectives
The major aim of this research is to investigate the sexual encounters of persons with mild intellectual disability as it occurs in their daily lives. The objectives of this study include;
- To examine the sexual experiences of persons with mild intellectual disability
- To ascertain whether sexual knowledge affects the nature of sexual experience
- To establish the factors that facilitate or hinder the sexual experiences of persons with mild intellectual disability
Review of relevant literature
In observance with Parahoo’s (2006) definition of literature review, this study will present an evaluation of the body of information that surround sexuality as well as sexual experiences of persons with intellectual disability as a way of identifying the issues in the literature, which may facilitate attention for future empirical studies on this particular problem. The most salient themes that emerge from the literature include sexual knowledge and experience of persons with intellectual disability, obstacles to sexual expression, and attitudes of both the staff and parents. Searches of electronic information including Proquset and Cinahl will be utilized given their scientific importance to the study of nursing.
Sexual knowledge and attitudes of persons with intellectual disability
The attitudes as well as knowledge of persons with intellectual disability bear acute importance to the quality of their life. The very intend and nature of support required by persons with intellectual disability may be recognized through the examination of their sexual information as well as attitudes. Many inquiries into the subject remain consistent that persons with intellectual disability have inaccurate sexual information and misconceptions as compared to those without intellectual disability. Many other reports from sex professionals indicate that persons living with intellectual disability are also prone to untrue dangers in order to make them afraid of sexual expression. Moreover, it has been found out that persons with intellectual disability experience lower and reduced levels of sexual knowledge; possess stronger sexual requirements; and more negative attitudes to sex as compared to individuals with physical disability. It has also been found that individuals with intellectual disability experience deficits of sexual knowledge concerning contraception, pregnancy, menstruation, as well as sexually transmitted diseases. Poor sexual information and knowledge relates to low sexual activities and inadequate sexual education. Therefore, sexual information plays a critical role in the capacity of people to consent to sexual activity.
Garwood and McCabe (2000) evaluated both the knowledge and attributes of six men with mild intellectual disability after receiving sexual education. Using the experience, sexuality, knowledge, and needs scale for individuals with intellectual disability were analyzed in matters relating to sexual intercourse, dating, and marriage. Finding from Garwood and McCabe’s (2000) reported that post-education individuals remained resistant towards hugging without cloths on, masturbation, parenthood, and oral-genital sex. Garwood and McCabe (2000) inferred that rather than being client led, contents of sexual education programs were service led. Kelly et al (2009) also found out that of the five women under sex education, only two of the women received it by means of structural format. In a phenomenological study by Lesseliers and Van Hove (2002) indicated that the knowledge from 146 individuals with intellectual disability under study was basic, with an knowledge of the functions of genitals being nonexistent, and only a few of these individuals having knowledge on how children are conceived.
Moreover, a study by McCabe (1999) also established that regardless of the greater sexual needs, persons with intellectual disability had conservative attitudes in relation to sexuality. McCabe ‘s (1999) results were highly consistent with another study by Thomas and Kroese (2005), which found persons with intellectual disability with more negative attitudes in regard to homosexuality, masturbation, and pornography as compared with persons without intellectual disability. Both of studies revealed that negative attitudes among persons with intellectual disability could have been as a result of repressive attitudes from staffs and parents. Lesseliers (1999) concurs that such unjust circumstances place individuals in as suppliant position, which should be regarded as unfitting for an adult.
Barriers to sexual experiences
Barriers to sexual experience of persons with intellectual disability are many and diversified. Barriers to sexual experiences implies to those factors or obstacles that prohibit or prevent sexual experience among persons with intellectual disability. Structural barriers or obstacles such as lack of privacy may prohibit persons with intellectual disability from engaging in any sexual activity. Structural barriers to sexual activities may also lead to the internalization that prohibition means sex is something that is impure (Lessiliers, 1999).
Data collection and research design
This section will present an assessment of the study methodology for this study. This research will utilize a descriptive phenomenological qualitative design in order to collect more in-depth information in understanding the sexual experiences of persons with mild intellectual disability. Moreover, this research will apply a purposeful sample of six persons with mild intellectual disability. Data for this particular research will be acquired using semi-structured interviews. In addition, data disseminated will be treated using Colaizzi’s (1978) evaluating framework for the phenomenological analysis. The methodological qualitative rigor of this research will be discussed as it is seen using key qualitative research concepts such as reflexivity, trustworthiness, conformability, as well as transferability. In addition, a pilot study as well as ethical consideration will be analyzed in this study.
In order to offer a detailed description of the critical structure of the sexual experiences of individuals with mild intellectual disability, Colaizzi’s (1978) evaluating framework of analysis will be used. Data analysis in qualitative research commences with looking for the establishment of recurring themes through the use of a framework. The most significant feature of Colaizzi’s framework is that validation of the study must be provided as well as verified through the respondents who have provided the description of their sexual encounters.
The radio-taped interviews to be utilized in this research will be transcribed according to Colaizzi’s (1978) guidelines. Each individual transcription will be read repetitively in order to determine sense out of the entire content. All the tapes will be duplicated in order to avoid data loss. Moreover, such tapes will be stored in accordance with data protection policies available. The researchers will read as well as listen to the data, and given their phenomenological exposure, prevent data inaccuracies. All other similar themes for this research will be classified and given titles. In maintaining and observing the process of bracketing in a phenomenological research, this study will place all the existing assumptions as well as biases in remission, so as not to influence the data.
Discussion and findings
This section is concerned with the presentation of results that the researcher feels will be accomplished throughout this study. The outcome of this research will be presented along with the anticipated dissemination, time scale, as well as costs.
It is expected that this research will divulge the sexual experiences of persons with mild intellectual disability as told from their own and personal experiences of daily lives. Moreover, this study will determine the sexual knowledge that affect the experiences of the participants and reveal the system of education available to the participants. In addition, the study will also unveil the issues that have affected individuals with mild or moderate intellectual disability.
The results from this particular study may be used to draw recommendations for the future practice as well as policy development. These findings will be the unique accounts of people living with intellectual disability.
This study on the experiences of persons with mild intellectual disability intends to add to the body of research and may be presented for publications. It is targeted at people who support individuals with mild intellectual disabilities, including service providers and families. It is also intended that this study will inform policy makers on ways to best meet the needs of people with intellectual disabilities.
Colaizzi, P.F. (1978). Psychological research as the phenomenologist views it. In Existential-Phenomenological Alternatives for Psychology, Oxford University Press, New York
Galea, J., Butler, J., Iacono, T., & Leighton, D. (2004). The assessment of sexual knowledge in people with intellectual disability. Journal of Intellectual & Developmental Disability, 29, 4, 350-365.
Garwood, M., & McCabe, M. P. (2000). Impact of Sex Education Programs on Sexual Knowledge and Feelings of Men with a Mild Intellectual Disability. Education and Training in Mental Retardation and Developmental Disabilities, 35, 3, 269-83.
McCabe, M. P. (1999). Sexual Knowledge, Experience and Feelings Among People with Disability. Sexuality and Disability, 17, 2, 157-170.
Lesseliers, J. (1999). A Right to Sexuality?. British Journal of Learning Disabilities, 27, 4, 137-140.
Lesseliers, J., & Van, H. G. (2002). Barriers to the Development of Intimate Relationships and the Expression of Sexuality Among People With Developmental Disabilities: Their Perceptions. Research and Practice for Persons with Severe Disabilities, 27, 69-81.
Parahoo, K. (2006). Nursing research: Principles, process, and issues. Basingstoke: Macmillan.
Thomas, G., & Kroese, B. S. (2005). An investigation of students’ with mild learning disabilities reactions to participating in sexuality research. British Journal of Learning Disabilities, 33, 3, 113-119.
Literature Review on Parental Rights
The termination of parental rights implies to the permanent elimination of all the parental rights and duties, including the residential parental rights as well as duties. Residential parental rights and duties as those rights as well as duties that remain with the parent after a legal custody and protection, or both, have been given to another individual or agency including and not limited to the right to permission to adoption, the responsibility to support, the right to decide the child’s religious association, as well as visitation unless restricted by the court. Suspension of parental rights, on the other hand, implies to the temporary elimination of termination of parental duties and responsibilities for a child (Copps, 2002).
A parent has almost complete rights and authority to manage all aspects of his or her child’s life. These parental rights of control are primarily justified under two major justification theories. Traditionally, the parents are understood to have inherent rights as well as control in their children similar to those in properties. A similar level of rights and control is justified under a more modern concept that maintaining the control of natural parents is typically the paramount importance of a child (Copps, 2002).
Regardless of its pervasiveness under ordinary situations, almost each state has laws and statutes under which parental rights to a child could be ended. Fundamentally, these laws and statutes interrupt the parental rights under for distinct conditions namely divorce proceedings, guardianship proceedings, adoption proceedings, and when the child’s natural parents have abused or neglected him/her. Although interruption of the rights in the last situation is prompted and enforced by state, courts in neglect proceedings are rarely needed to structure their orders in a narrower manner or exercise greater restraint than those courts acting in divorce proceedings, guardianship proceedings, and adoption proceedings. Apart from child neglect, many issues are usually involved in the termination or suspension of parental rights. These issues include substance abuse, poverty, mental illness, incarceration, domestic violence, stigmatization effects of child welfare involvement, as well as parent/child visitation.
According to Copps (2002), child neglect is the principal reason for children becoming involved with children welfare systems in the United States. It is approximated that about 60 percent of kids in the America have been victims. Despite its ubiquity, the issue of child neglect is not identified as a criterion for terminating parental rights. It is however, listed as a basis for termination in almost 35 states.
The prominence of child neglect in state termination laws reflects the fact that it has served the reason for parental involvement with the system for years. Child neglect is usually associated with a parent’s failure to give a child’s needs such that the failure either harms or poses risks to the child. Neglect of a child may take different forms such as failing to provide or secure medical treatment for a child, inadequately supervising a child, ingesting drugs while pregnant or exposing a child to the use of drugs, failing to attend to a child’s cognitive and emotional needs, as well as maintaining poor sanitation or hygiene at home. Neglect as well appears to be fairly within families as indicated by the fact that it is the most common type of re-abuse. In general, it is estimated that parental mental illness, homelessness, poor medical care, substance abuse, and family breakup can lead to child neglect.
Even though child neglect is the most common form of child maltreatment, there exists a substantial body of research indicating it. Social and legal work researchers have made tremendous efforts in order to define this term with specificity as well as precision. A variety of studies have used the term research to mean passive as well as active abuse and exploitation that affect children’s emotional, social, physical, and educational needs. This observation has remained highly salient for some time. Other scholars have argued that the definitions of child neglect have proven cumbersome to develop due to the differences over the dividing line between responsible or minimum but satisfactory parental care. Clarity concerning where this dividing line need to be drawn is complicated by the possibility that children welfare workers may deduce judgments about neglect, which are reflective of their own and personal values. Similarly, there is likelihood for neglect to reveal itself in a different way across families, social contexts, and cultures. Moreover, child neglect remains the most vexing issue for the children welfare system. (Hudson et al, 2008).
Hudson, et al (2008) states that it has been well found out in the social work literature that those families that are involved in child welfare systems are tremendously poor. Family poverty is often implicated in children being taken into foster facilities, and especially due to the issue of neglect. More specifically, studies have shown that low family incomes as well as the use of welfare are closely related to child neglect than any other form of maltreatment. Moreover, rates of child neglect are more prevalent in low-income backgrounds. Particular aspects of poverty such as parental unemployment and perceptions on material hardship are highly associated with higher risks of child abuse and consequently, termination or suspension of parental rights.
According to Keller, Salazar, & Courtney (2010) parental substance abuse, results from social work studies have indicated consistently that substance abuse is a significant factor for parental participation in the children welfare facilities and that drug addiction is linked to child maltreatment, particularly for children under the age of five years old. Parental substance abuse has also been established to be more common in neglect cases compared to other forms of abuse. Estimates of the number of parents in the children welfare organization who use drugs have varied between 40-80 percent. There is also a connection among substance abuse, child neglect, and parental age. For example, it has been established that most women who are engaged in children welfare and who engage in substance abuse treatment are younger as well as have many children as compared women who are never involved in child welfare system. Once addicted, these parents often find it hard in securing access to the required treatment, which reflects a nationwide trend because only about one-third of all those who needed substance abuse treatment have had access to it. Likewise, research has proved that child welfare-involved caregivers must often wait up to four months in order to enter into a treatment program- a lengthy period of time when a petition to terminate a parent’ rights may be filled once a child has spent fifteen months in a foster care (Leve, Fisher, & Chamberlain, 2009).
According to Ostler (2010), parental mental illness may also contribute to the permanent elimination of parental rights and responsibilities for a child. There is a large body of research that mainly focus on mothers, which show a high incidence of mental illness among parents who are implicated with the children’s welfare due to neglect. Among the general population, the issue of mental illness undoubtedly increases the risk of being investigated for child abuse. For instance, using data from Medicaid and child welfare datasets in the United States, it was established that mothers with serious mental illness were approximately three times expected to be involved with the children welfare, including having children put into foster care. Typical diagnosis for women who are involved in child welfare are major depression, schizophrenia related illness, and bipolar disorder. The consequences of mental disorders parents’ child welfare cases are significant. Moreover, parents’ severe mental illness is increasingly being used in order to justify the termination of their parental rights. In fact, almost 34 states in the United States allow the termination of parental rights due to a parent’s mental illness. Those seeking to justify such termination of parental rights because of a parent’s mental illness, argue that children in such homes are at increased risk for learning disabilities, negative peer involvement, and irregular attendance to schools.
Domestic violence has also been highly linked to children mistreatment. Social welfare studies has time and again revealed that over the course of their lifetimes, as many as one in every five women, are at risk of becoming involved in domestic violence. Research has shown that this risk may increase when a woman becomes pregnant. At the same time, research has established significant linkages among domestic violence and child mistreatment. It is projected that as many as forty percent of the children of battered mothers are also mistreated. Children residing in such families where there is domestic violence, often suffer a lot. With domestic violence prevalent in almost one-third of the families in the United States, domestic violence has been made a prominent statutory basis for parental termination in almost 19 states.
America has the highest incarceration rate among the developed nations with more than two million American imprisoned. Even as the vast majority of the detainees are males, there are a significant number of females behind bars, most of whom are mothers. Approximately 17 percent of the criminal offenders are women. To a greater extend, the life situations of both men and women at the time of their arrest mirror the circumstances that surround their families. Incarceration bears different as well as negative collateral outcomes on people and their families. The families of these prisoners suffer economic problems due to an arrest and imprisonment of a family member. Research show that single mothers who are imprisoned are at greater danger of having their children placed in foster care as well as having their parental rights terminated. However, single mothers who are imprisoned in short term basis may have their parental rights suspended until a later date when they are finally released. Moreover, in terms of incarceration, approximately 28 states unequivocally classify incarceration as a basis for statutory termination of parental rights (Massoglia & Warner, 2011).
In contrast to the termination of parental rights, there are other grounds in which a parent’s rights may be temporarily eliminated. A situation where the parents’ rights are temporary eliminated is referred to as the suspension of parental rights. When a child’s biological parents have died, have abandoned the child, have entered into a military duty, or have failed to sufficiently provide for the child due to health issues or other reasons such as involvement into drug use, a family court may have the power to suspend the parent’s rights and duties, and appoint a legal guardian to provide for the child.
Throughout the guardianship process, the biological parent’s duties as well as responsibilities are temporary suspended and the legal guardian, who is appointed by a family court, assumes many of the parental rights as well as responsibilities. As such, the guardian has the full responsibility for the child’s health, education, welfare, and safety. Unlike the permanent termination of parental rights where a parent may not be able to petition for his/her reinstatement of rights and responsibilities, guardianship in parental suspension cases may be cancelled when the biological parents of the child makes a legal petition to the court in order to terminate the guardianship of the child. Petition of parental reinstatements are also possible when a child is adopted, dies, marries, reaches a maturity age, or enters into military service. Moreover, unlike in the permanent termination of parental rights and responsibly, in suspended parental rights the court has the power to end the guardianship of a child upon findings that the guardianship is no longer needed (Swartz, O’Brien, & Lurigio, 2006).
In conclusion, the legal responsibilities that apparent has over his/her child may be classified into two major responsibilities, including to support the child through providing him or her with the necessities of life and supervising or controlling the child. The necessities of life for a child go beyond providing food, shelter, and clothing to include things such as medical care, safe environment, education, and legal help. Therefore, failure to provide a child with all these necessities may be considered neglect, which may result into the termination or suspension of parental rights.
Copps, H. C. (2002). Co-occurrence of Child Maltreatment and Domestic Violence: Examining Both Neglect and Child Physical Abuse. Child Maltreatment, 7, 4.)
Ostler, T. (2010). Assessing parenting risk within the context of severe and persistent mental illness: Validating an observational measure for families with child protective service involvement. Infant Mental Health Journal, 31, 5, 467-485.
Massoglia, M., & Warner, C. (2011). The consequences of incarceration: Challenges for scientifically informed and policy-relevant research. Criminology & Public Policy, 10, 3, 851-863.
Hudson, L., Almeida, C., Bentley, D., Brown, J., Harlin, D., & Norris, J. (2008). Concurrent Planning and beyond: Family-Centered Services for Children in Foster Care. Zero to Three, 28, 6, 47-53.
Leve, L. D., Fisher, P. A., & Chamberlain, P. (2009). Multidimensional Treatment Foster Care as a Preventive Intervention to Promote Resiliency Among Youth in the Child Welfare System. Journal of Personality, 77, 6, 1869-1902.
Keller, T. E., Salazar, A. M., & Courtney, M. E. (2010). Prevalence and timing of diagnosable mental health, alcohol, and substance use problems among older adolescents in the child welfare system. Children and Youth Services Review, 32, 4, 626-634.