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.
What does DSAC stand for
Doctors for Sexual Abuse Care
What does SAATS stand for
Sexual Abuse Assessment and Treatment Service
Where should medical examinations occur
In forensically safe environments
Who medically examines the suspect
Ideally a specialist practitioner who has not examined the victim - Police medical officer
Medical information that should be available to investigators
The childs current condition and initial prognosis
current treatment
current medical opinion as to how and when the injuries occured
what radiography imaging has been taken
what further tests are planned
what samples have been obtained
if the hospital photographer has obtained photographs of the injuries
the childs previous admissions and medical history
who the childs GP is
any explanations by carers to staff
Possible case resolutions
Prosecution
Issue of formal warning for minor offending
diversion for minor offending
restorative justice
filing the case due to insufficient evidence
no further action
Three initial steps cyf and police must follow
Referral - information sharing between the two agencies
Consultation- discussion at appropriate levels
Agreed upon - agreeing upon an initial action in an IJIP
Share connected information and intelligence relating to the case with the CYF CPP contact person. This should occur before
any plan is agreed unless urgent action is required for the childs safety
Jointly confirm whether the case is one of a serious child abuse and agree on immediate actions that need to be taken
If the case is confirmed as a CPP case an IJIIP must be agreed between CYF and police CPP - it must be provided to police asap.
The referral of reports of concern to CYF, consultation to determine if the case is a CPP case and if so agreement to a joint investigation must be completed within the following time frames
For critical or very urgent cases - immediatley as quickly as possible and withing 24 hrs or less
Urgent cases - within 2 full working days
Obtain brief details of what the reported concern is about to enable a risk assessment to be completed to determine the appropriate response. This should include
Personal details of the informant, complainant and or child Brief circumstances of the complaint Brief details of timings and the scene Offenders details Do not question the child at this stage
If it is absolutely necessary to speak to the child to ascertain their safety ask
open ended questions -
Do not continue to question the child if it becomes clear that an offence has occured
What is the code to be used when record incident in NIA
Code 6C
After initial consultation between Police and CYF all cases of serious child abuse must have an agreed IJIP so that staff involved in the case can agree and understand
Who is involved in the case
What they will do
When they will do it
What must a IJIP consider
The childs safety and well being
Any joint visits required
The management of the child vicitms initial interview
The need for a specialist child witness interview, interviews of alleged offender and others including protective parent, caregiver
Collection of evidence
Referral to a medical practitioner
Options for removing a child
Remove a child when
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 treatment, neglect, deprevation, abuse or harm and
there is no other practical means of ensuring their safety
Powers of removal
If you believe that removing a child is necessary, you may enter and search
Without a warrant - if police on reasonable grounds believe it is critically necessary to remove that child to prevent injury or death
With a place of safety warrant - CYF staff normally obtain the place of safety warrant
With a warrant to remove - When the court is satisfied a child is in need of care and protection, it may issue a warrant for the childs removal from any place and place them in CYF care
