Child Protection Policy & Procedures Flashcards
Definition of child
Child
Unless specified, ‘child’ means any child or young person under the age of 17 years at the time of the report, as defined in the Children, Young Persons, and Their Families Act 1989.
Definition of Serious child abuse
Serious child abuse
Serious child abuse includes but is not limited to:
- sexual abuse
- serious physical abuse (see Determining seriousness of physical abuse below)
- serious wilful neglect
- serious family violence where the child is a witness
- all allegations against CYF approved caregivers that involve serious child abuse
- all allegations against employees of CYF and NZ Police that involve serious child abuse.
Definitions Determining seriousness of physical abuse
Determining seriousness of physical abuse
There are three areas to consider when determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case under the protocol:
- the action of the abuse
- the injury inflicted, and
- the circumstances (factors of the case).
**Actions **
Any single one of these actions (i.e. methodology, how it was done) will meet the threshold for serious physical abuse:
- blow or kick to head
- shaking of an infant
- strangulation
- use of an object as a weapon (e.g. broom, belt, bat etc)
- attempted drowning.
**Injuries **
Any single one of these injuries (i.e. outcome or result) will meet the threshold for serious physical abuse:
- death
- a bone fracture
- burn
- concussion or loss of consciousness
- any injury that requires medical attention (e.g. a wound that needs stitches etc)
- any bruising or abrasion when the: -child is very young, e.g. infant not yet mobile and/or, -the position and patterning make it unlikely to be caused by play or another child or accident.
Circumstances or factors of the case
Any other action (e.g. hitting, kicking, slapping etc) and/or injury (bruising, cuts, welts etc) in combination with the following factors or circumstances should be considered for referral as serious physical abuse.
Initial actions and safety assessment - Step 1
Initial actions and safety assessment - Step 1
Obtain brief details of what the reported concern is about to enable a risk assessment to be completed to determine the appropriate initial response. This should include:
- personal details of the informant, complainant and/or the child
- brief circumstances of concern/complaint
- brief details of timings and about the scene
- offender’s details.
Do not question the child in depth at this stage.
- If the child has disclosed sexual or physical assaults to an adult, take this person’s details and use what they say to form the basis of information for the notification. DO NOT ask the child again what has happened to them if a clear disclosure has already been made and an adult present can give you the information.
- If it is unclear what the child has said and: -there are no urgent safety issues, DO NOT question the child any further. Take details from the informant and forward necessary correspondence for enquiries to be made -it is absolutely necessary to speak to the child to ascertain their safety, ask open ended questions, e.g. “Tell me what happened?” “When did that happen?” DO NOT continue to question the child if it becomes clear while speaking to them that an offence has occurred.
Initial actions and safety assessment - What to code a file?
Initial actions and safety assessment - Step 4
Record details of the case in NIA. Regardless of any other offence/response code used, Code 6C must be entered in NIA to indicate that the attendance related to a report of concern about a child. Complete a POL 1310 when child abuse occurs within the family environment.
Consultation and initial joint investigation planning with CYF - Step 3
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Consultation and initial joint investigation planning with CYF - Step 3
- Share connected information or 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 child’s safety.
- Jointly confirm whether the case is one of serious child abuse (a CPP case) and agree on any immediate actions that need to be taken (see Determining seriousness of physical abuse).
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Consultation and initial joint investigation planning with CYF - Step 4
Consultation and initial joint investigation planning with CYF - Step 4
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- If confirmed CPP case (i.e. serious child abuse), an initial joint investigation plan (IJIP) must be agreed between the CYF and Police CPP contacts.
- The nationally mandated template for the plan must be completed by CYF and provided to Police as soon as possible for attaching to the case in NIA.
Note: 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:
- _ immediately in critical or very urgent cases_ (i.e. ASAP and within 24 hours)
- within two full working days for urgent cases.
In all cases, necessary steps must be put in place immediately to secure the child’s safety
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Q: Joint Investigation Plans – What to agree, what to consider?
What to agree?
- who is involved in the case?
- what they will do?
- when they will do it?
What to consider?
- the childs safety and wellbeing
- any joint visits required
- the management of the child victim’s initial interview including consideration of any ethnicity needs
- the need for a specialist child witness interview, interviews of alleged offender and others including protective parent or caregiver or parent
- collection of evidence
- referral to amedical practitioner
Options for removing a child Remove a child when:
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, deprivation, abuse or harm, and
- there is no other practical means of ensuring their safety.
Powers of removal
If you believe that removing the child is necessary, you may enter and search:
- Without a warrant
(s42 Children, Young Persons and their Families Act 1998 (CYPFA))
- With a place of safety warrant
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- With a warrant to remove
(s40 CYPFA)
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Without a warrant
(s42 Children, Young Persons and their Families Act 1998 (CYPFA))
Without a warrant
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This is a Police power and can only be invoked when police believe on reasonable grounds it is critically necessary to remove that child to prevent injury or death.
When exercising the power you must:
- produce evidence of identity, and
- disclose that those powers are being exercised under section (s42(2)) and
- a written report must be made to Commissioner of Police within 3 days of power being exercised (s42(3)). Complete notification “Child/Young Person Arrest/removal” in Microsoft Outlook to comply with this requirement.
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With a place of safety warrant (s39 CYPFA)
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With a place of safety warrant (s39 CYPFA)
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CYF staff normally obtain place of safety warrants, although police may assist with executing the warrant.
On entry, police (or social worker) may remove the child if they still believe on reasonable grounds that the child has suffered, or is likely to suffer, i_ll-treatment, serious neglect, abuse, serious deprivation, or serious harm_.
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With a warrant to remove (s40 CYPFA)
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With a warrant to remove (s40 CYPFA)
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When the court is satisfied a child is in need of care and protection, it may issue a warrant for the child’s removal from any place and for them to be put in CYF care. These warrants are sought by CYF when there are ongoing care and protection concerns.
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