#4 FAMILY HARM - Policy And Procedure Flashcards
When attending family harm episodes police aim to:
1) slow and eventually stop the family harm cycle/cumulative harm across generations
2) restive serious harm such as the use of physical violence, sexual abuse and Childs abuse and neglect
3) reduce family harm related deaths (homicides and 1X)
Police will provide an effective response to family harm which involves (7)
1) taking an eyes wide open approach
2) being culturally responsive
3) ensuring all parties kept safe (vics, children, police)
4) taking action with predominant aggressors/offenders through a prompt and comprehensive response
5) collecting specific risk information to enable effective assessment, planning and risk management and to guide decisions around appropriate action with an offender
6) working collaboratively across police
7) working with partners - multi agency response
An effective police response to family harm is based in the following principles (6)
1) early intervention
2) Culturally appropriate
3) safety (vics, children, police)
4) collecting risk info
5) accountability
6) working collaboratively
What is family violence (a subset of family harm) (3):
1) physical abuse
2) sexual abuse
3) psychological abuse
Can include coercive or controlling behaviours and causes cumulative harm
Types of family other than intimate partner and child abuse (4)
1) teen dating / teen harm
2) elderly abuse
3) honour based harm
4) LGBQTI harm
10 stages of quality FH investigation
Overarching (active case management)
1) initial response
2) investigation and crime scene exam
3) Interviewing subjects
4) child protection protocol (pol 350)
5) considering arrest
6) charging
7) bail
8) prosecution or case disposition
9) longer term safety, support and intervention
10)monitoring and evaluation
FH initial response - a quality FH investigation involves (7)
1) Establishing circumstances
2) completing dynamic assessment
3) completing a frontline safety plan
4) recording a quality narrative
5) submitting and approving a FH investigation
6) providing info to others/agencies
7) appropriate coding
When responding to FH episodes involving its employees Police must balance:
responsibilities as an employer to support employees and
their families and to act consistently and appropriately, with the public interest and the reputation of Police in mind
Two simultaneous actions should occur when Police are involved in a family harm episode:
- the normal Police response applies
- welfare considerations are important for both parties and the shift
supervisor should, where appropriate, refer the matter to the local
Wellness Advisor.
Regarding FH criminal offending Police must consider:
- the impact of any criminal offending on the ability of an employee to remain a Police employee
- the compatibility of an employee convicted or found guilty of a family violence offence and/or being the respondent of a protection order, to continue in a policing role.
Police employer and family harm procedures apply when:
- comes to supervisors attention. Either person at risk or posing risk. includes anecdotal evidence.
- Police attend a FH - no offending but PSO or warning issued and concerns of escalation
- Police attend FH - Offending and employee is off or vic
- Temp or final PO issues relating to employee. Either Protected person or respondent.
If a Police employee is identified (as the person posing risk or person at risk) attending officers must also report this:
confidentially to their supervisor who will contact a Wellness Advisor to arrange for appropriate Police contact as soon as possible and oversight of referral to appropriate support groups.
an employee’s arrest or charging for family violence offending
must be reported:
Immediately
By shift supervisor
to District Employee Practice Manager and Police Professional Conduct manager.
Welfare contact and counselling through EAP must be offered to vics and if appropriate offs (confidential names and numbers used)
EPM and director of integrity and conduct must consider suitability to continue work
Officers who serve a protection order on a Police employee are required to:
Send a copy to district commander or direct.
Employees who are served a PO must:
Immediately report in writing details of proceedings to supervisor
Supervisor must inform HR manager and Distirct PPCM
Non reporting by respondent may be viewed as aggravating factor
Employees respondents of PO - Weapons F/A’s
Cannot carry weapons firearms.
Applies to authorised officers, training, exhibits also.
Employees respondents of PO - application to vary conditions
Police may assist employee with application to vary conditions under 108 FV act.
Police must conduct enquiries to determine if variations are appropriate .
Final decision ED: People capability in consultation with Director CI group.
Before Police support an employee application to vary conditions police enquiries must consider (6):
- Nature
- Duration
- Type of FH
- Offence history
- Employees role
- views of protected person
Employees respondents of PO - leave to attend programmes / counselling
Supervisors should take all practicable steps to facilitate.
Police must serve protection orders if (4):
- the respondent holds a firearms licence, or
- the respondent is believed to be in possession of or have access to a firearm (whether or not they have a licence), or
- service is assessed as being a significant risk to the server, or
- the protection order is granted without notice.
When serving a PO Police will ensure that (5):
- Info sharing, risk assessing, safe service practices will be implemented in conjunction with court.
- At time of service Police will demand surrender of all FA;s and FLICNO.
- Staff safety is paramount when considering methods to seize FAs/FLICNOs
- Vic will be contacted and advised of service
- All breached will be taken seriously and if sufficient evidence in most cases off should be arrested/proseucted
Who is afforded protection under a PO
Applicant and child of applicant
Can children be the respondents of PO?
PO’s can be issued against children 16 years and older and the order is justified by special circumstances
Additional and varied conditions of PO
2019 additional conditions added to all POS (retrospecitve)
Non-violence orders (DPA 1982) and and PO’s (DVA 1995) remain in force and are treated as PO’s
Staff must be cognisant of these changes ,
Who can issue a PO?
Family Court
District court (same effect as family court, eg Breach PSO - DCJ can issue temp PO without parties being present if convinced vic does not object.
DC can issue final PO on sentencing of FH offences if vic does not object
Non-violence.
It is a condition of every PO that respondent must not (3):
1) Engage in behaviour that amounts to any form of FV
2) Make contact with PP that is not authorised
3) Encourage any person to engage in behaviour, where if engaged in or made by the respondent would be prohibited under the order.
The definition of FV was widened in July 2019 to include (6):
- Ill treating a house pet or other animal
- Harassing behaviour such as loitering where someone lives or works
- Disrupting the care of someone who needs it because of age, disability or health condition.
Also includes:
- one or several acts that form a behaviour - even trivial
- Coercion or controlling behaviour
- Dowry related abuse
Non-Contact conditions,
Contact is not a breach when (5):
- Reasonably necessary in emergency
- Permitted under order or written agreement for care/custody of C/YP.
- Permitted under special condition of PO
- Necessary for FGC
- Court proceeding or judicial process that requires joint attendance
If protected person wants contact with Respondent they must:
Give consent in writing (email, letter, text or other digital message)
PP can change mind and withdraw consent at any time (doesn’t need to be in writing)
Conditions relating to weapons:
Conditions of every PO that respondent must not (2)
- Possess any weapon
- Hold FLICNO
Wepson includes F/A, airgun, pistol, RW, ammo, explosive)
The Respondent must surrender any weapon:
- In their possession or under their control
- And any FLICNO
- As soon as practicable after PO served and within 24 hours or servce
- On demand made at any time by a constable
FLICNO status relating to PO’s
On the making of PO any FLICNO deemed suspended.
When PO becomes final FLICNO deemed revoked
Police must retain weapons when PO issues and return after suspension ceases unless lawfully retained.
Police must never issue FLICNO where there is PO against applicant
Can Children be issued PSO’s?
PSO can be issued to 16 and 17 year olds as part of Frontline safety plan if justified in special circumstances.
Special circumstances for issuing PSO to child (4):
1) RGTB issue of order is necessary to help make person at risk safe from serious FV. AND
2) “The Total level of concern” in On Duty is High, AND
3) Approval from S/Sgt or above AND,
4) Authorising S/Sgt has consulted with OT re: placement/status
Issue and duration of PSO.
When deciding whether to issue a PSO Police must take into account (4)
1) Whether is is likely that the person at risk has, is or will inflict violence against person at risk or any other person they have a family relationship with.
2) Welfare of any children residing with Person at risk
3) The hardship that may be caused if the order is issued.
4) any other matter that may be considered relevant
When issuing a PSO on a child Police will also consider (10)
1) advice from OT
2) placement that causes haem
3) Previous interactions with Police
4) History of mental health/intellectual disability
5) Presence or history of Alcohol or drug abuse
6) Immediacy of the order
7) Existing orders that may require a person to reside at an address
8) Unintended consequences or risks to person at risk if PSO not issued
9) Risk and safety planning
10) Any other relevant matter
Limits on issuing PSO on child:
Last resort
Means to “cool down”
Needs of children different to adults when issuing PSO
Duration should be least restrictive amount of time possible.
When issuing a PSO to a child what approach should be considered?
A holistic approach .
Need to consider the individual circumstances and context of each child,
Take into account their views and the family/whanau
Explainain od PSO to children
Police need to explain purpose, duration and requirements.
Need to ensure Child understands the consequences.
They may need additional support to ensure they understand
Detention of child for service of PSO
Detain for up to 2 hours.
Does not trigger power of arrest (214 not a requirement)
You may detain child (including moving to Police station) to:
- Obtain authorisation to issue
- Issue
- Serve
If child fails to remain for order
Criminal offence if fails to remain (absconds)
You can arrest child
Matters relation to absconding from place of detention are referred to Youth Court (214 applies)
If child breaches PSO
Not criminal offence
PSO remains in existence for original duration
Proceeded with through courts
Child can be taken into custody up to 24 hours(not K9 so 214 does not apply - good practice to consider).
Bought before DC or summonsed if unable to appear within 24 hours.
There is discretion to take child into custody. “May”
