Child Protection Investigation Policy and Procedures Flashcards
1
Q
Assault on a Child Elements
A
CA61; S194
- Every one who
- Assaults any child under the age of 14 years; or
- Being a male, assaults any female.
2
Q
Parental control - Police not prosecute when …
A
the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.
3
Q
Ill treatment or neglect of child or vulnerable adult
Elements
A
CA61 S195
- Every one who,
- Being a person described in subsection (2),
- Intentionally engages in conduct that, or omits to discharge or perform any legal duty
- The omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim)
- If the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.
4
Q
Regarding S195 - Ill treatment or neglect of child or vulnerable adult - Who are the people that S195 is referring to?
(essentially ss2)
A
- A person who has actual care or charge of the victim; or
- A person who is a staff member of any hospital, institution, or residence where the victim resides.
5
Q
Failure to protect child or vulnerable adult
Elements
A
CA61; S195A
- Every one who,
- Being a person described in subsection (2),
- Has frequent contact with a child or vulnerable adult (the victim) and—
- (a) knows that the victim is at risk of death, GBH, or sexual assault as the result of—
(i) an unlawful act by another person; or
(ii) an omission by another person to discharge or perform a legal duty - If, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
(b) fails to take reasonable steps to protect the victim from that risk.
6
Q
Definition of a child regarding S195A
A
For the purposes of section 195A, a child is a person under the age of 18 years.
7
Q
What age can a person not be charged with an offence under S195A (failure to protect child or vulnerable adult)?
A
A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.
8
Q
To whom does the offence of failure to protect a child or vulnerable adult apply?
A
- Members of the same household as the victim
- People who are staff members of any hospital, institution or residence where the victim resides.
9
Q
What is the mens rea and actus reus for someone to be guilty of the offence of failing to protect a child or vulnerable adult?
A
Mens rea - knows the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person
Actus reus - fails to take reasonable steps to protect the victim from that risk.
10
Q
Definition of ‘same household’ for determining liability under S195A - Failure to protect child or vulnerable adult
A
The household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.
11
Q
Criteria for determining whether or not a person is so closely connected with a particular household as to be regarded as a member of that household
A
- The frequency and duration of visits to the household and
- Whether the person has a familial relationship with the victim
- Any other matters that may be relevant in the circumstances.
12
Q
What is required to be proved for the offence of failing to protect a child or vulnerable adult?
A
- Child under 18 at the time of the offence, and
- Defendant over 18, and
- The defendant had “frequent contact”** with them, **and
- The defendant had knowledge of the risk of harm to the child
13
Q
Frequent contact
A
- Is necessary to prove for a successful prosecution
- Is a matter of fact for the jury
14
Q
What age do the ‘child protection investigation policy and procedures’ apply?
A
These apply to all cases where the victim is under the age of 18 at the time of making the complaint.
15
Q
What should happen if the report of historic child abuse is by an adult victim?
A
- Conduct the investigation in accordance with ASA procedures
- Consult early with CPT and OT to consider other children who may be at risk
- A referral to OT may still be required
16
Q
What is the definition of a ‘child’?
A
- Any child or young person under the age of 18 years at the time of their referral
- Does not include any person who is or has been married (or in a civil union)
17
Q
What is the definition of child abuse?
A
The harming, ill-treatment, abuse, neglect, or deprivation of any child or young person.
18
Q
What are ‘child centred timeframes’?
A
Timeframes that are relevant to the child’s age and cognitive development.
19
Q
Why do CPP joint operating procedures exist?
A
To ensure:
- Children are kept safe
- Offenders are held to account wherever possible
- Child victimisation is reduced
20
Q
OT Timeframes
A
- Critical - 24 hours - No safety of care identified - requires immediate involvement to establish safety
- Very urgent - 48 hours - At risk of serious harm but has some protective factors for the next 48 hours
- Urgent - 7 days - At risk of harm or neglect and the circumstances are likely to negatively impact on child.
21
Q
What is ‘emotional abuse’?
A
The persistent emotional ill-treatment of a child, which causes severe and persistent effects on the child’s emotional development.
22
Q
What is ‘harm’?
A
Ill-treatment or the impairment of health or development
23
Q
What is ‘neglect’?
A
Intentional ill-treatment or neglect that causes or permits a child to be ill-treated in a manner likely to cause the child:
- Actual bodily harm
- Injury to health
- Or any mental disorder or disability.
24
Q
The ill-treatment or neglect of a child must be …
A
Serious, and avoidable.
25
What are some examples of neglect?
* Not providing **_A_**dequate food, shelter or clothing
* Not accessing appropriate medical treatment or **_C_**are
* Not protecting a child from physical harm or **_D_**anger
* Allowing a child to be exposed to illi**_C_**it drug manufacturing
26
What are the three areas to consider in determining whether physical abuse meets the threshold for referral as a CPP case?
* The **_C_**ircumstances (factors in the case)
* The **_I_**njury inflicted (outcome or result)
* The **_A_**ction of the abuse
27
What are some actions that would meet the **BASUS** (basis) for referral as a CPP case?
* **_B_**low or kick to head
* **_A_**ttempted drowning
* **_S_**haking of an infant
* **_U_**se of an object as a weapon
* **_S_**trangulation
28
What are some injuries that would meet the threshold for referral as a CPP case?
CONFAB
* **_Con_**cussion or loss of consciousness
* A bone **_F_**racture
* Any injury that requires medical **_A_**ttention
* **_B_**urn
29
What are some other factors that may warrant referral as a CPP case?
(VOAV)
* The **_V_**ulnerability of the child
* More than one **_O_**ffender
* History of **_A_**buse
* A high degree of **_V_**iolence
30
CPP 12 key process points - overview
RIG API RPCC
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
31
Key processes in child abuse investigations - Step 1
**_Record incident, event or occurrence:_**
All reports of child safety concerns must be recorded in NIA with the 6C incident code **in addition** to the appropriate offence code when an offence has been clearly identified.
32
Key processes in child abuse investigations - Step 2
**_Initial attendance:_**
Police respond to the report, enquiries commence, evidence is gathered or other action taken as necessary
33
Key processes in child abuse investigations - Step 3
**_Gather and process forensics:_**
Detailed scientific scene examination is conducted. Forensic evidence is gathered and analysed, and its relevance recorded and assessed.
34
Key processes in child abuse investigations - Step 4
**_Assess and link case:_**
Initial assessment and review of all available information. Other related or relevant cases are identified. Cases are closed (filed, or inactivated) or forwarded to appropriate work groups for further investigation.
35
Key processes in child abuse investigations - Step 5
**_Prioritise case:_**
Cases identified for further investigation are assigned a case priority rating score.
36
Key processes in child abuse investigations - Step 6
**_Investigate case:_**
Initial investigation is conducted to bring the case to a point where a suspect can be identified and all preliminary enquiries necessary before interviews are complete.
37
Key processes in child abuse investigations - Step 7
**_Resolution decision / action:_**
Deciding on formal or informal sanctions, prosecution or other action, confirming the appropriateness of charges and offender handling and custody suite actions.
38
Key processes in child abuse investigations - Step 8
**_Prepare case:_**
Court files are prepared, permission to charge obtained from supervisor and actions such as disclosure completed.
39
Key processes in child abuse investigations - Step 9
**_Court process:_**
Where a not guilty plea is entered, a CMM and CRH occurs before trial.
40
Key processes in child abuse investigations - Step 10
**_Case disposal and/or filing:_**
Occurs when a case will be subject to no further action because all reasonable lines of enquiry have been exhausted without result or the matter has proceeded to a resolution in the court system or by alternative action.
41
Procedure when a report of concern is received
(DICI ARC IAP)
1. Obtain brief **_D_**etails of the reported concern
2. Consider if there are **_I**_mmediate _**C_**oncerns for the child's care or safety
3. Consider **_I**_LO/PLO/ELO _**A_**ttendance
4. **_R_**ecord details of the case in NIA
5. If immediate intervention is not required **_C_**omplete a CPP referral
6. Take necessary **_I**_nitial _**A_**ctions relating to criminal investigations
7. **_P_**rovide parents/caregivers with a copy of the pamphlet, **‘When Police visit about your child’s safety'**.
42
What is the purpose of the IJIP (Initial Joint Investigation Plan)?
To ensure that Police and OT work together to secure the child's immediate safety and ensure any evidence is collected.
43
What is the timeframe for when OT should forward a copy of the IJIP through to Police
24 hours
44
What are four things that the IJIP must consider?
(SMIPE)
1. The immediate **_S_**afety of the child involved and any other children who may be identified as being at risk
2. Referral to a **_M_**edical practitioner and authority to do so
3. The management of the **_I_**nitial interview with the child
4. Collection of any **_P**_hysical _**E_**vidence such as photographs
45
What are the four general categories where OT will be notified that a child may be at risk?
1. Child abuse
2. Family harm
3. Environment/neglect
4. Other criminal activity
46
Referral of historic cases to OT - what to consider
(CANV)
* **_C_**urrency and timeframes of offending
* The suspect's current **_A_**ccess to children
* **_N_**ature of offending
* Multiple **_V_**ictims
47
Medical forensic examination - primary objective
The victim's physical, sexual and mental health, and safety. Of secondary importance is the opportunity to collect trace evidence.
48
What is the timing for the examination in a case of acute physical abuse?
The examination should be arranged ASAP.
49
What parties are consulted prior to a medical exam in an acute case of physical abuse?
The victim, their family and the specialist medical practitioner.
50
What is the timing around a medical exam for a non-acute case of abuse?
This can be arranged at a time convenient to the relevant parties.
51
In older physical abuse cases, why might a medical exam be required?
To verify concerns of past injury that may be detected by exam or x-ray.
52
Who should accompany the child for the medical examination?
A parent or legal guardian unless that is not appropriate in the circumstances.
53
Multi Agency Safety Plan
* Held when children are in hospital as a result of non-accidental injuries and serious neglect
* Should include the convening of a medical case conference between Police, OT, and the DHB.
* Should be held within 24 hours of a notification being received by OT.
54
Multi Agency Safety Plan - should include …
* Names and contact details of those involved
* Supervision of contact with family during the hospital stay and after discharge
* Place of safety warrant or other legal measures which may be required
* What and how support will be provided to the family
55
How often do parties involved in a Multi Agency Safety Plan meet?
Weekly
56
What medical information should be made available to investigators investigating non accidental injuries and serious neglect of children in hospital?
(COST-C)
* The child's current **_C_**ondition and initial prognosis
* What **_S**_amples have been _**O_**btained from the child
* What further **_T_**ests are planned
* **_C_**urrent treatment
57
Whose authority do you first require if deciding to grant bail to a person charged with an offence against a child or young person?
A supervisor of or above the position level of Sergeant.
58
Options for resolving child abuse investigations
(RIPN)
* **_R_**estorative justice
* **_I_**ssue of formal warning for a minor assault
* **_P_**rosecution
* **_N_**o further action
59
Matters to consider during prosecutions
| (DEETDD)
* Criminal **_D_**isclosure
* Preparation of **_E_**xhibits
* Preparation of video **_E_**vidence
* Preparation of **_T**_estimony, _**D**_ocuments and _**D_**epositions
60
Trace evidence preservation
Victim should refrain from:
(ES BB CG WW)
* **_E_**ating or drinking
* **_S_**moking
* **_B_**rushing teeth or rinsing mouth
* **_B_**rushing or combing hair
* **_C_**hanging clothing
* **_G_**oing to the toilet - if necessary capture urine and ask them not to wipe
* **_W_**ashing hands or biting nails
* **_W_**ashing and showering
61
Primary purpose of Medical Forensic Examination
The victim's physical, sexual and mental health and safety
62
What to take to medical exam
* Toxicology kit
* MEK
* Change of clothing
* Information for Doctor
63
Before conducting the medical forensic examination - step 1
EDEBOHAC
Explain to the victim:
* That the **_E_**xam:
- will be conducted by a **_D**_octor specially trained in _**E_**xamining ASA victims
- has health **_B_**enefits
- can help Police obtain evidence to arrest **_O_**ffender
* That it will take a couple of **_H_**ours
* They have a choice as to gender of doctor and you will do your best to **_AC_**commodate their wishes
64
Before conducting the medical forensic examination - step 2
ABODG
Contact the medical forensic practitioner on call and:
* Advise **_A_**ge and gender of victim - may impact on the practitioner's suitability
* Advise when assault is **_B**_elieved to have _**O_**ccurred
* Give very brief outline of known info eg, whether **_D_**rugs involved; injury details; level of intoxication
* Discuss victim's wishes re - **_G_**ender of examining practitioner
65
Before conducting the medical forensic examination - step 3
Arrange times for the medical forensic practitioner to be at the examination venue and provide access to the examination room when necessary.
66
Before conducting the medical forensic examination - step 4
Ensure the victim has had the opportunity to speak to a specialist sexual assault support worker.
67
Before conducting the medical forensic examination - step 5
Use toxicology kits for early evidence capture in appropriate cases, pending the medical/forensic examination.
68
Before conducting the medical forensic examination - step 6
Unless you are sure a change of clothing (including undergarments) will be available at the examination venue, arrange a change of clothing for the victim for after their examination.
69
Before conducting the medical forensic examination - step 7
If necessary take an MEK kit for use at the examination venue.
70
Before conducting the medical forensic examination - step 8
Ensure the officer attending the examination has all the relevant information so that the practitioner can be fully briefed.
71
Examination procedure - step 1
The attending officer should ensure the medical forensic practitioner has not been in contact with any suspects before the examination and that an unexpired MEK and toxicology kit (where relevant) is available.
72
Examination procedure - step 2
The attending officer provides the practitioner with all relevant information available to Police at that time about the nature of the sexual assault (eg the victim's body position or where they said they were licked or kissed).
**Remember:**
* A considerable number of sexual assault victims do not fully or initially disclose the extent of their attack, particularly oral or anal contact.
* Disclosures not made during a preliminary interview may be made during a medical forensic examination.
73
Examination procedure - step 3
After conducting the examination, the practitioner:
* Seals and labels all samples with the victim's name, date and time they were taken and places them within the MEK
* Bags, seals and labels any items of clothing removed during the examination.
74
Examination procedure - step 4
| (NEPEIDS)
Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to:
* Advise on victim **_N_**eeds
* Summarise the **_E_**xhibits and possible significance
* Advise whether **_P_**hotographs were taken during exam
* Identify items that need to go to **_E_**SR ASAP
* Identify **_I_**njuries that should be photographed (ie, non-intimate injuries)
* Identify **_D_**isclosures made by the victim
All information goes in O/C file's **_S_**tatement and attached to the case file.
75
Examination procedure - step 5
The practitioner seals the MEK and hands it to Police along with the toxicology kit (where relevant) and clothing removed during the examination for preservation of evidence and/or subsequent analysis.
76
Examination procedure - step 6
Police secure the sealed kit in an appropriate refrigerator (not a freezer). Once it is established that analysis is required, follow local procedures for the delivery of specimens to ESR as soon as possible (if the kit contains evidence requiring urgent analysis then send it without delay).
77
Examination procedure - step 7
Police collect and preserve any clothing worn by the victim during the offence that has not already been bagged by the medical forensic practitioner.
Appropriately package and label each item of clothing separately to avoid cross-contamination.
78
Photographing injuries
* Medical practitioners will identify and may decide to sensitively take
* Police can also take photographs with consent of the victim or parent/guardian
* An appropriately trained Police photographer can be used for this.
79
What is to be considered before an initial approach to a suspect of adult sexual abuse?
SOAPD
* The location and **_S_**ituation (alone or in a family or work situation)
* Follow up **_O_**ptions
* Investigator's style, manner and **_A_**pproach
* The possible **_P_**erceptions of the suspect and what they may interpret as occurring
* The time of **_D_**ay
80
Medical examination of suspects. Ask the practitioner to …
(SEMI)
* Take appropriate **_S_**amples from the suspect
* Record any comments or **_E_**xplanations made by the suspect about the cause of injuries or other relevant comments made.
* Give their opinion of the suspect's **_M_**ental condition so that Police obtain a further psychiatric opinion where necessary
* Note any **_I_**njuries such as scratches or bruising and how this may have originated
