Child Protection - Lesson Notes

Question 1

Who do the investigation policy and procedures apply to?

Answer 1

Apply to all cases where the victim was under the age of 17 at the time of making the complaint.

Question 2

Age for an adult under Child Protection

Answer 2

A person aged 17 years or older

Question 3

Age for a child under Child Protection

Answer 3

Means any child or young person under the age of 17 years at the time of the report

Question 4

CYF timeframes

Answer 4

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

Question 5

Determining the seriousness of physical abuse

Answer 5

The action of the abuse
the injury inflicted
the circumstances (factors of the case)

Question 6

Actions to meet the threshold for serious physical abuse

Answer 6

blow or kick to the head
shaking an infant
strangulation
use of an object as a weapon
attempted drowning

Question 7

Injuries that will meet the threshold for serious physical abuse

Answer 7

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

Question 8

Circumstances or factors of the case

Answer 8

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

Question 9

Policy and principles

The Police commitment to victims

Answer 9

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

Question 10

Powers of removal

Answer 10

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.

Question 11

What is IJIP

Answer 11

Initial Joint Investigation Plan

Question 12

Timing of specialist child witness interviews

Answer 12

A childs age and development could be a principal consideration as to one specialist interview being given priority over that of an older child

Question 13

Obtaining consent for specialist child witness interview

Answer 13

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

Question 14

Disclosure of video records and transcripts

Answer 14

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.

Question 15

Definition of child abuse

Answer 15

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

Question 16

What is the purpose of a IJIP

Answer 16

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

Question 17

What is neglect

Answer 17

Failure to provide a childs basic physical emotional and educational needs

Question 18

What is serious child abuse

Answer 18

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

Question 19

Definition of serious physical abuse

Answer 19

actions of an offender that result in or could potentially result in physical harm or injury being inflicted on a child

Question 20

Rights to the child

Answer 20

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

Question 21

If a child has disclosed sexual or physical abuse to a adult, do you ask questions of the child

Answer 21

No, do not ask the child what has happened

If there are no urgent safety issues do not question the child any further

Question 22

What must an IJIP consider

Answer 22

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

Question 23

Obtaining consent for specialist child witness interviews

Answer 23

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.

Question 24

What is the courts expectation of a child interview

Answer 24

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.

Question 25

What does DSAC stand for

Answer 25

Doctors for Sexual Abuse Care

Question 26

What does SAATS stand for

Answer 26

Sexual Abuse Assessment and Treatment Service

Question 27

Where should medical examinations occur

Answer 27

In forensically safe environments

Question 28

Who medically examines the suspect

Answer 28

Ideally a specialist practitioner who has not examined the victim - Police medical officer

Question 29

Medical information that should be available to investigators

Answer 29

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

Question 30

Possible case resolutions

Answer 30

Prosecution
Issue of formal warning for minor offending
diversion for minor offending
restorative justice
filing the case due to insufficient evidence
no further action

Question 31

Three initial steps cyf and police must follow

Answer 31

Referral - information sharing between the two agencies
Consultation- discussion at appropriate levels
Agreed upon - agreeing upon an initial action in an IJIP

Question 32

Share connected information and intelligence relating to the case with the CYF CPP contact person. This should occur before

Answer 32

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

Question 33

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

Answer 33

For critical or very urgent cases - immediatley as quickly as possible and withing 24 hrs or less
Urgent cases - within 2 full working days

Question 34

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

Answer 34

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

Question 35

If it is absolutely necessary to speak to the child to ascertain their safety ask

Answer 35

open ended questions -

Do not continue to question the child if it becomes clear that an offence has occured

Question 36

What is the code to be used when record incident in NIA

Answer 36

Code 6C

Question 37

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

Answer 37

Who is involved in the case
What they will do
When they will do it

Question 38

What must a IJIP consider

Answer 38

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

Question 39

Options for removing a child

Remove a child when

Answer 39

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

Question 40

Powers of removal

If you believe that removing a child is necessary, you may enter and search

Answer 40

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