Child Protection - Lesson Notes Flashcards
Who do the investigation policy and procedures apply to?
Apply to all cases where the victim was under the age of 17 at the time of making the complaint.
Age for an adult under Child Protection
A person aged 17 years or older
Age for a child under Child Protection
Means any child or young person under the age of 17 years at the time of the report
CYF timeframes
Critical: in immediate risk of serious harm and the need for immediate protection may be necessary
Very urgent: at risk of harm but if not in any immediate danger
Urgent: at risk of harm but protected in the short term
Determining the seriousness of physical abuse
The action of the abuse
the injury inflicted
the circumstances (factors of the case)
Actions to meet the threshold for serious physical abuse
blow or kick to the head shaking an infant strangulation use of an object as a weapon attempted drowning
Injuries that will meet the threshold for serious physical abuse
death bone fracture burn concussion or loss of consciousness any injury that requires medical attention any bruising or abrasion when the: child is very young and/or the position and patterning making it unlikely to be caused by play
Circumstances or factors of the case
The vulnerability of the child More than one offender History of abuse A high degree of violence The offenders history and background Location of the incident Nature and level of concern from the notifier
Policy and principles
The Police commitment to victims
Take immediate steps to secure the childs safety and wellbeing
Intervene to ensure the childs rights and interests are safeguarded
investigate all reports of child abuse in a child centered timeframe, using multi-agency approach
take effective action against the offenders so they are held accountable
strive to better understand the needs of victims
keep victims and their families fully informed during the investigation
Powers of removal
Section 42 - police power to remove if believe on reasonable grounds it is critically necessary to remove that child to prevent injury or death
Section 39 - CYF staff normally obtain these. Can remove the child if they still believe on reasonable grounds that the child has suffered or is likely to suffer - ill treatment, serious neglect, abuse, serious deprivation or serious harm
Section 40 - Court ordered warrant, where the court is satisfied a child is in need of care and protection.
What is IJIP
Initial Joint Investigation Plan
Timing of specialist child witness interviews
A childs age and development could be a principal consideration as to one specialist interview being given priority over that of an older child
Obtaining consent for specialist child witness interview
Should be obtained from the parent or guardian. If parental consent is refused , can proceed with written consent from social worker provided that the Chief Executive has custody. If doesnt have custody then can seek a section 39 place of safety warrant to allow for the interview. This is firstly to allow for care and protection issues exist and secondly if criminal offending is evident
Disclosure of video records and transcripts
It is the courts expectation that a child victim evidence will normally be given by a way of video record, unless exceptional circumstances apply.
S 106 of Evidence avt and regulation 30 of evidence regulations require defence council to be given a copy of any video record being offered as an alternative way of giving evidence, unless a judge orders otherwise.
Definition of child abuse
Physical, sexual, emotional or psychological abuse
neglect
witness to serious crime or family violence
presence in unsafe environment (drug manufacturing)
cyber crime exploiting children
child trafficking
What is the purpose of a IJIP
It is an agreed plan between CYF and Police so staff involved know:
Who is involved in the case
what they will do
when they will do it
What is neglect
Failure to provide a childs basic physical emotional and educational needs
What is serious child abuse
sexual abuse
serious physical abuse
serious wilful neglect
serious family violence where child is a witness
Allegations against CYF approved caregivers that involve serious child abuse
allegations against employees of CYF and Police that involve serious child abuse
Definition of serious physical abuse
actions of an offender that result in or could potentially result in physical harm or injury being inflicted on a child
Rights to the child
Every child has the right to a safe and nurturing environment
Every child has the right to live in families free from family violence
Every child has the right to protection from all forms of physical or mental violence/injury/abuse/neglect
If a child has disclosed sexual or physical abuse to a adult, do you ask questions of the child
No, do not ask the child what has happened
If there are no urgent safety issues do not question the child any further
What must an IJIP consider
The childs safety any joint visits required the need for a specialist interview referral to a medical practitioner he management of the child victims initial interview collection of evidence
Obtaining consent for specialist child witness interviews
Parental consent is required
If parental consent is refused, the interview may proceed with written consent from the social worker or their supervisor provided that CYF has custody of the child
If child not under CYF then must seek legal advise with view to seek a warrant
In some cases a young person may be of sufficient capacity and understanding to consent to an interview without the need for parental consent.
What is the courts expectation of a child interview
That the interview will be presented by video. Any interview conducted in accordance with the provisions of Evidence Regulations would normally be admissible in criminal proceedings.
