Child Policy/ Procedure

Question 1

6C Incident Code

Answer 1

Any report of concern received by Police where a child is the Victim

Question 2

Acute Child abuse

Answer 2

Child abuse occurring less than 7 days before it was reported.

Question 3

Child

Answer 3

Unless specified “Child” means any child or young person under the age of 18 years at the time of their referral but does not include any person who is or has been married (or in a civil union)

Question 4

Child Abuse

Answer 4

Defined in the Oranga Tamariki Act 1989 as the harming (whether physically, emotionally, or sexually), ill treatment, abuse, neglect or deprivation of any child or young person.
Child abuse includes:
Physical, sexual, emotional, or psychological abuse
Neglect
Presence in unsafe environments (e.g. locations for drug manufacturing or supply)
Cyber crime exploiting children
Child trafficking

Question 5

Oranga Tamariki Timeframes

Answer 5

Critical- 24hrs: No safety of care identified: mokopuna is at risk of serious harm, and required immediate involvement to establish safety.
Very Urgent- 48hrs: At risk of serious harm but has some protective factors present for the next 48 hours. However as the present situation and/ or need is likely to change, high priority follow up is required.
Urgent- 7 days: At risk of harm or neglect and the circumstances are likely to negatively impact mokopuna. Options of safety and supports have been explored but remain unmet. Vulnerability and pattern exists which limits the protective factors.

Question 6

IJIP (Initial joint investigation plan)

Answer 6

An initial plan jointly created by Oranga Tamariki and Police”
To record agreed actions on the agreed template

Question 7

Examples of neglect

Answer 7

Neglect is ill treatment and must be serious and avoidable for example:
Not providing adequate food, shelter or clothing
Not protecting a child from physical harm or danger
Not accessing appropriate medical treatment or care
Allowing a child to be exposed to the illicit drug manufacturing process
Allowing a child to be exposed to an environment where volatile, toxic, or flammable chemicals have been used or stored.

Question 8

Emotional abuse

Answer 8

Persistent ill treatment of a child, which causes severe and persistent effect on the child’s emotional development.

Question 9

Physical Abuse

Answer 9

Actions of an offender which result in or could potentially result in physical harm or injury being inflicted on a child. This can also be known as a non accidental injury (NAI).
The test for seriousness is determined by considering the action, the injury and the circumstances.

Question 10

Psychological Abuse

Answer 10

A person psychologically abuses a child if they:
Cause or allow the child to see or hear the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship or
Puts the child or allows the child to be put at real risk of seeing or hearing that abuse occurring.

Question 11

Sexual Abuse

Answer 11

Sexual abuse is an act involving circumstances of indecency with or sexual violation of, a child or using a child in the making of sexual imaging.

Question 12

Determining seriousness of physical abuse- Actions and injuries that WILL meet threshold for referral in a CPP case

Answer 12

Blow or kick to the head
shaking of an infant
Strangulation
Use of an object as a weapon (e.g. broom, belt, bat etc.)
Attempted drowning 

OR

A bone fracture
Burn
Concussion or loss of consciousness
any injury that requires medical attention
Any bruising or abrasion when the:
Child is very young e.g. infant not yet mobile and/ or
The position and patterning make is unlikely to be caused by play or another child or accident.

Question 13

Factors to consider when threshold is not met for referral:

Answer 13

The vulnerability of the child (E.g Under 5, disabilities)
History of Abuse (E.g multiple previous similar events)
A high degree of violence (E.g Frenzied attack)
Location of incident
More than one offender (E.g both parents/ caregivers)
Offender’s history and background
Nature and level of concern from the notifier,

Question 14

10 step process of case management

Answer 14

1. Record Incident, event or occurrence
2. Initial Attendance
3. Gather and process forensics
4. Assess and link case
5. Prioritise case
6. Investigate Case
7. Resolution decision/ action
8. prepare case
9. Court process
10. Case disposal and/ or filing

Question 15

Procedure when a report of concern is received:

Answer 15

1:Obtain details of what the reported concern is about to enable a risk assessment to be completed to determine that appropriate initial response. This should include:
*Details of the informant and/ or child
* Brief circumstances of concern / complaint
*Brief details of timing and about the scene
* Offender’s details
DO NOT QUESTION THE CHILD IN DEPTH AT THIS STAGE
2: Consider if there are Immediate concerns for the child’s care or safety requiring immediate intervention.
3: Consider whether iwi, pacific or ethnic liaison officers attendance could be beneficial.
4: record details of the case in NIA. CODE 6C MUST BE ENTERED INTO NIA to indicate that the attendance related to a report of concern about a child.
5: IF situation does not require immediate attention:
complete a CPP referral form and email to CPP contact for further investigation. (Should be completed by attending officers before going off duty)
6: Take necessary initial actions relation to criminal investigations to: preserve crime scene and physical evidence where relevant; secure witnesses; locate and detain suspected offenders
7: where circumstances permit, provide parents and caregivers a copy of the pamphlet “When Police visit about your child’s safety”

Question 16

Questioning a Child:

Answer 16

• If the child has disclosed sexual or physical assault to an adult, take this person’s details and use what they say to form the basis of information for the notification. DO NOT ask the child again what has happened to them if a clear disclosure has already been made and an adult present can give you the information
• If it is unclear what the child has said AND there are no urgent safety issues DO NOT question the child any further. Take details from the informant and forward necessary correspondence for enquiries to be made.
• It is absolutely necessary to speak with the child to ascertain their safety, ask open ended questions, DO NOT continue to question the child if it becomes clear while speaking that an offence has occurred.

Question 17

Warrantless Powers of Removing a child:

Answer 17

It is not safe to leave them there or you believe, on reasonable grounds that if left, they will suffer, or are likely to suffer, ill treatement, neglect, deprivation, abuse, or harm and
There is no other practical means of ensuring their safety
SECTION 42 ORANGA TAMARIKI ACT 1989 is a Police power to enter and search with reasonable grounds to believe it is critically necessary to remove that child to prevent injury or death.
* Must produce evidence of ID and disclose that your powers are being exercised under Section 42.
*Must make a written report to the commissioner of Police within 3 days of the powers being exercised.

Question 18

With a “place of safety” Warrant

Answer 18

Upon entry, Police (or social worker) may remove the child if they believe on reasonable grounds that the child has suffered, or is likely to suffer, ill treatment, serious neglect, abuse, serious deprivation, or serious harm.

Question 19

With a warrant to remove

Answer 19

When the court is satisfied a child is in need of care and protection, it may issue a warrant for the child’s removal from any place and for them to be put in Oranga Tamariki care. Sought by OT.

Question 20

An IJIP must consider the following:

Answer 20

• The Immediate safety of the child involved and any other children who may be identified as being a risk
• Referral to a medical practitioner and authority to do so
• The management of the initial interview with the child
• If a joint visit is required due to the risk of further offending, loss of evidence, the likelihood of the alleged offender being hostile, or any concerns for staff safety
• Collection of any physical evidence such as photographs
• Any further actions agreed for Police and/ or OT including consideration as to whether a multi- agency approach is required.

Question 21

Timing of examinations

Answer 21

Acute sexual abuse cases: A Specialist medical practitioner must be contacted as soon as possible. Most important within first 7 days after sexual abuse.

Acute physical abuse: As soon as possible in consultation with the victim, their family and a specialist medical practitioner.

Non acute/ Therapeutic: Arranged at a time convenient to the medical practitioner, the child, and their family.

Question 22

Benefits of Children DVD/ Video interviews

Answer 22

Video/ DVD recording of a child interview is the best way to meet both the child’s needs and interests, and the interests of justice. I meet the child’s needs because:

• The interview process is focused on the child and allows them to state clearly and freely what (if anything) has happened according to the rules of evidence.
• The recorded interview can be used for the basis of an investigation; subsequent criminal prosecution; and/ or care and protection purposes
• It avoids the need to re- interview the child for different purposes.

Question 23

Who must carry out a child interview

Answer 23

A Specialist Child Witness Interviewer