CP Investigation Policy and Procedure

Question 1

What is the first and paramount consideration when a report of concern is received?

Answer 1

The safety and wellbeing of the child.

Question 2

Parental control legislation

Answer 2

Section 59 (4) - CA 1961

Police have the discretion not to prosecute complaints against a parent of a child to an offence involving the use of force against a child, where there is no public interest in proceeding with a prosecution.

Question 3

** EXAM ** - Ill-treatment/neglect of child or vulnerable adult

Answer 3

Section 195 - CA 1961 - 10 years imprisonment

Offence applies to those who

• have actual care or charge of complainant
• staff member of hospital, institution or residence where child or vulnerable adult resides

Question 4

** EXAM ** - Failure to protect child or vulnerable adult - when is someone criminally liable?

Answer 4

Section 195A - CA 1961

person has frequent contact with a child (or vulnerable adult) and:

• knows (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person; and
• fails (actus reus) to take reasonable steps to protect the victim from that risk.

Question 5

** EXAM ** - What is required to be proved?

Answer 5

• at risk child under 18 at time of offence
• defendant over 18
• defendant member of the same household or a staff member in a H/I/R where victim resides and has frequent contact
• defendant had knowledge of the risk of harm to the child

Question 6

Rights of a child

Answer 6

Every child has the right:

• to a safe and nurturing environment
• to live in families free from violence
• to protection from all forms of physical or mental violence, injury or abuse, neglect or ill treatment
• to protection from all forms of sexual exploitation and sexual abuse

Question 7

Principles guiding police practice

Answer 7

• rights of a child
• accountability
• working collaboratively
• service delivery

Question 8

** EXAM ** - Investigations into reports of historic child abuse

Answer 8

• should be conducted in accordance with ASA investigation policy and procedures
• should include early consultation with specialist child protection investigators and OT to consider other children who may be at risk.
• may still require referral to OT

Question 9

Acute child abuse defined

Answer 9

Child abuse occurring less than 7 days before it was reported.

Question 10

Adult defined

Answer 10

A person aged 18 years or older

Question 11

Child defined

Answer 11

A child or young person under the age of 18 at the time of their referral.

Question 12

Child abuse defined

Answer 12

Oranga Tamariki Act 1989

The harming whether physical, emotionally or sexual, ill-treatement, abuse, neglect or any deprivation of any child or young person.

Question 13

Child abuse defined - What things are regarded as abuse when submitting a ROC?

Answer 13

• physical, sexual, emotional or psychological abuse
• neglect
• presence in unsafe environments (e.g. clan lab)
• cyber crime exploiting children
• child trafficking

Question 14

** EXAM ** - OT and CPT timeframes

Answer 14

Critical 24hrs - Child is at risk of serious harm and require immediate involvement to establish safety

Very Urgent 48 hrs - At risk of serious harm but protective factors present for next 48 hrs. High priority follow up required

Urgent 7 days - At risk of harm or neglect that will likely negatively impact child and options of safety/support being explored

Question 15

** EXAM ** - When contacting the medical forensic practitioner, what information should you give them?

Answer 15

• age and gender of victim (may impact practitioner suitability)
• when sexual assault occurred
• brief outline of info known including any drugs involved, victim injuries, level of intox, other health concerns
• victims wishes about gender of examining practitioner
• discuss whether the sexual assault complaint should be investigated using ASA or CP procedure

Question 16

** EXAM ** - Before conducting a medical forensic examination, what should be explained to the victim?

Answer 16

• examination will be conducted by a medical forensic practitioner specially trained in examining people who have been sexually assaulted
• examination has potential health benefits and can help Police obtain evidence to apprehend the offender
• expected duration of examination and possible outcomes
• ask them about any concerns about gender of practitioner and will do the best to accommodate them

Question 17

** EXAM ** - Outline Section 42 - Oranga Tamariki Act 1989

Answer 17

Power to remove a child without warrant.

Police believe on reasonable grounds it is critically necessary to remove child to prevent injury or death.

Can enter and search by force if necessary any dwelling, building, vehicle etc. and

Remove or detain, by force if necessary and place in custody.

Question 18

Serious child abuse defined

Answer 18

• sexual abuse
• serious physical abuse
• serious wilful neglect
• serious FV where child is a witness
• allegations against OT approved caregivers involving serious child abuse
• allegation against employees of OT or Police involving serious child abuse

Question 19

** EXAM ** - ‘Child centred timeframes’ defined

Answer 19

Timeframes that are relevant to the childs age and cognitive development. The younger the child the more vulnerable they are and therefore they require a quicker response.

Question 20

** EXAM ** - What are the 3 areas to consider when determining the seriousness of physical abuse?

Answer 20

• action of the abuse
• injury inflicted
• circumstances

Question 21

What is an IJIP and its purpose?

Answer 21

Initial Joint Investigation Plan

Initial plan jointly created by OT and Police to record agreed actions on the agreed template.

Purpose is to ensure OT and Police work together to secure child’s immediate safety and ensure any evidence is collected.

Question 22

What types of actions will meet the threshold of serious physical abuse?

Answer 22

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

Question 23

What types of injuries will meet the threshold for serious physical abuse?

Answer 23

• death
• bone fracture
• burn
• concussion or loss of consciousness
• injury requiring medical attention
• bruising or abrasion where child is very young and does not appear accidental

Question 24

** EXAM ** - What are the important points to remember regarding the questioning of a child?

Answer 24

DO NOT ask or question a child further if:

• clear disclosure made by child and adult can provide further info
• unclear what child said but no urgent safety issues
• it becomes clear offence has been committed during questioning

If necessary to ascertain safety, ask child open ended questions.

Question 25

** EXAM ** - What is the primary and secondary objectives of a medical examination?

Answer 25

Primary: the victims physical, sexual and mental health and their safety

Secondary: the opportunity to collect and trace evidence

Question 26

** EXAM ** - List things you should remind the victim to refrain from before a medical exam

Answer 26

• eating or drinking
• going to the toilet
• washing or showering
• washing hands or biting fingernails
• smoking
• change of clothes
• brushing hair
• brushing teeth or rinsing mouth

Question 27

CPP defined

Answer 27

Child Protection Protocols

Ensures timely, coordinated and effective action by OT and Police so that:

• children are kept safe
• offenders are help accountable
• child victimisation is reduced

Question 28

Examples of neglect

Answer 28

• not providing adequate food, shelter or clothing
• not protecting child from physical harm or danger
• not accessing appropriate medical treatment or care
• allowing child to be exposed to clan lab

Question 29

Psychological abuse defined

Answer 29

• causes or allows child to see or hear physical, sexual or psych abuse of person with a domestic relationship with child or
• puts or allows child to be put at real risk of seeing or hearing the above

Question 30

Powers of removal

Answer 30

• Section 42 - removal without warrant
• Section 39 - place of safety warrant
• Section 40 - removal with warrant

Question 31

When would you need to remove a child from a household?

Answer 31

• not safe to leave them there and believe on RG that if left likely to suffer ill treatement, neglect, deprivation, abuse or harm
• no other practical means to ensure their safety

Question 32

Police are informed of situations requiring notification to OT that a child may be at risk. What 4 categories do cases fall into?

Answer 32

• child abuse
• family violence
• environment/neglect
• other criminal activity

Question 33

Who is preferred for conducting examinations of serious child abuse?

Answer 33

DSAC trained doctors

Doctors for Sexual Assault Care Incorp

Question 34

What offences come within section 29 Victims Rights Act?

Answer 34

• Sexual violation or other serious assault
• Results in serious injury, death or incapable
• Has led victim to have ongoing fears on reasonable grounds for their physical safety and security or for a member of their immediate family