Child Protection Investigation Policy Flashcards
Section 194
Assault on a child
- assaults any child under the age of 14
OR - being a male, assaults any female
2 years imprisonment
Section 195 and 195A
Section 195
Ill treatment or neglect of child or vulnerable adult
10 years imprisonment
Section 195A
Failure to protect child or vulnerable adult
10 years imprisonment
Section 195A criminal liability
Known a child or vulnerable adult is at risk of harm, but no action is taken
Knows (mens rea) The victim is at risk of death, GBH or sexual assault as the result of actions or emissions by another person
Fails (actus rea) to take reasonable steps to protect the victim from that risk
Neglect
Person intentionally ill treats or permits child to be ill treated in a manner to cause physical or mental harm
IJIP
Initial joint investigation plan
- Immediate safety of child
- Staff safety
- Management of initial child interview
- Medical referral
- Physical evidence collection
Criteria for CPP
Child protection protocol
- Sexual abuse
- Physical abuse
- Neglect
To ensure
-Children kept safe
- Offenders held to account
- victimisation is reduced
OT time frames
Critical (less than 24 hours)
- Risk of serious harm
- Immediate action
Very urgent (less than 48 hours)
- Protective factors
- present risk of serious harm
Urgent (within seven days)
Principles guiding police practice
- Rights of the child e.g safe environment free of violence
- accountability
- working collaboratively
- Service delivery
When CPT policies apply
- when adult victims have intellectual disabilities
Child definition
Under the age of 18
Does not include any person who is married or in civil union
Determining seriousness of physical abuse
- Action
- Injury inflicted
- Circumstances
Factors in CPP case
- vulnerability of the child
- Number of offenders
- History of abuse
- high degree of violence
- Offenders, history and background
- Location of incident
- Level of concern from notifier
Processes and child abuse investigations
- Case management action.
- Initial attendance.
- Gathering forensics.
- Case assessment.
- Prioritise case.
- Case management action.
- Resolution decision.
- Prepare case.
- Court action
- Case disposal or filing.
Initial actions
- obtain brief details
- Do not question the child in depth
- consider a immediate concerns
- Preserve crime scene
- Options to remove the child
Section 42 OT without warrant (critically necessary to prevent injury or death)
Section 49 OT PLACE OF SAFETY WARRANT
Section 40 OT court issued warrant sort by OT
Forensic medical examination priorities
- Child’s well-being and safety is paramount
- Primary adjective is physical, sexual and mental health and safety
- Secondary is collecting trace evidence
Evidence gathering and assessment priorities
- Conflict of interest
- Crime scene examination
- consider all investigative opportunities
- exhibits
- Approaching, interviewing, medical examination of suspects
- DNA sampling
- care and protection concerns arising
- Community disclosure of offenders information
Hospital admissions for non-external injuries
- DHB responsible for ensuring safety from time of admission until OT has been notified
- multi agency safety plan involving police, OT, DHB
- Meeting must be conveyed by OT social worker prior to discharge to update plan
Hospital admissions for non-external injuries
- DHB responsible for ensuring safety from time of admission until OT has been notified
- multi agency safety plan involving police, OT, DHB
- Meeting must be conveyed by OT social worker prior to discharge to update plan
Considerations when charging offenders
- seriousness of the offence
- Nature of the offending
- Admissible evidence
- DNA sampling
- if the offence falls within section 29 VRA notify then of right to be on VNR
Prosecution and other case resolutions
- Prosecutions are only bought when there is a reasonable prospect of conviction and in the public interest
- Prepare the witness
- s29 evidence act allows a support person when giving evidence
- up to $500 available to help with emergency costs immediately after sexually violent crime
Final actions in case closure
- victim notification register (bail conditions and release dates)
- OT to be advised of outcome
- Sex offender Notification
- Return of exhibits
- Video record to be retained for 10 years
- Met to be filed by level four child protection supervisor
Child interviews
Best way to meet needs because
- focuses on child and allows them to state clearly and freely what happened
- used as basis for investigation
- avoid need to reinterview
