CPP/Child Protection Flashcards

1
Q

Who are the parties to the CPP, and what does it do?

A

Child, Youth and Family and the New Zealand Police.

The CPP sets out the way that CYF and Police will work alongside each other in situations of serious child abuse.

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2
Q

What is CYF’s duties as per the CPP?

A

Conduct an investigation of a case alongside the Police, keeping the children safe and planning with the family and other services to improve their wellbeing.

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3
Q

What are the Police’s duties as per the CPP?

A

To protect victims, and to consider questions of criminal liability for perpetrators. Where a prosecution occurs, Police are responsible for taking the case through the courts, and providing support under the Victim’s Rights Act 2002.

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4
Q

What is the purpose of the CPP?

A

To clearly define the role of each organization and set out the process for working together, so that:

  • children are kept safe
  • perpetrators are held to account wherever possible
  • child victimisation is reduced
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5
Q

What are the principles of the CPP?

A
  • The welfare and the best interest of the child are the first and paramount considerations.
  • Steps will be taken to identify and seek support from family members or others who can help.
  • Work will be conducted collaboratively with the other agencies.
  • Staff undertaking the functions of the CPP will be suitably skilled and trained.
  • Investigations will be concluded in a child centred timeframe.
  • Perpetrators will be held to account wherever possible.
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6
Q

What is “serious child abuse” as per the CPP scope of protocol?

A

Sexual abuse
Serious physical abuse
Serious 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 that involve serious child abuse.

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7
Q

What does the CPP not apply to?

A

Any report of force on a child which is of a minor, trivial or inconsequential nature and where there is no evidence of serious abuse or neglect.

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8
Q

What types of cases do not require referral and management as per the CPP, but still involve engagement between Police and CYF?

A

Intelligence sharing
Information sharing
Referral to other police services that are not child protection (Youth Aid, FV)
Assistance with safety and security of children (e.g. S48)
Police requests for specialist child interview where there are no C&P concerns.

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9
Q

What is the CPP definition of a “child”?

A

Unless specified, ‘child’ means any child or YP under the age of 17 years at the time of their referral.

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10
Q

What is the CPP definition of “serious physical abuse”?

A

The actions of a perpetrator that result in or could potentially result in physical harm or injury being inflicted on a child. The test for seriousness is determined by considering the action, the injury and the circumstances and is set out in Appendix 1.

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11
Q

What is the CPP definition of “serious neglect”, and what is an example of this?

A

When a person intentionally ill-treats or neglects a child, or causes or permits the child to be ill-treated in a manner likely to cause the child actual bodily harm, injury to health or any mental disorder or disability, and that ill-treatment or neglect is serious and avoidable.

For example, allowing a child to be exposed to the illicit drug manufacturing process or an environment where volatile, toxic or flammable chemicals have been used or stored for the purpose of manufacturing illicit drugs.

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12
Q

What is the CPP definition of “sexual abuse”?

A

An act involving circumstances of indecency with, or sexual violation of, a child, or using a child in the making of sexual imaging.

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13
Q

What is the CPP definition of “witnessed serious family violence”?

A

When a child witnesses violence resulting in, or having the potential to result in, a death or significant injury to a family or household member.

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14
Q

What are the CYF timeframes, and what does each mean?

A

Critical: Means the C/YP is in immediate risk of serious harm and the need for immediate protection may be necessary.

Very Urgent: The C/YP is at risk of harm but is not in any immediate danger.

Urgent: The C/YP is at risk of harm but protected in the short term.

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15
Q

What are the Police and CYF individual responsibilities under the CPP?

A

CYF and Police will communicate on all cases referred under the CPP.

CYF will have an identified CPP supervisor for each site.

Police will have a nominated CPP contact for each CYF site.

These identified and nominated staff will be identifiable at all times.

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16
Q

What does the CPP state with regard to information disclosure?

A

Information disclosed between parties will be in compliance with any relevant legislation.

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17
Q

What are the CPP response times and actions for critical or very urgent cases?

A

The parties must complete the referral and consultation, and agree to the investigation plan with initial action undertaken within 24 hours.

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18
Q

What are the CPP response times and actions for urgent cases?

A

The parties must complete the referral and consultation, and agree to the investigation plan with initial action undertaken within two working days.

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19
Q

What are the 7 process steps for a CPP case?

A

1 - Referral of the case.
2 - Consultation of the case.
3 - Agreement to the joint investigation plan.
4 - Create the CPP case record and case list.
5 - Implement the plan.
6 - CPP meeting.
7 - Advise each other of the outcome.

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20
Q

How does the first CPP process step (referral of the case to CYF) happen?

A

Referrals can be made in three ways:

  • Phone call followed by electronic CPP form
  • Electronically using CPP referral
  • Electronically forwarding CPP between CYF contact centre and Police CRL.
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21
Q

How does the second CPP process step (consultation of the case) happen, what should it include, and what action should be taken if it is confirmed/not confirmed that it is a CPP case?

A

CYF/Police share information and discuss an approach to be taken.

Should include confirming CPP, sharing information about the case, then discussion of immediate action needed.

Confirmed CPP - CYF open CPP record and Police note their record and assign the case.

Not confirmed CPP - CYF continue to work on case as required and Police close the case and note in investigation plan.

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22
Q

What should be on the agreed joint investigation plan, and what must it consider, as per step three (agreement to the joint investigation plan) of the CPP process steps?

A

Should be agreed:
Who is involved,
What they will do,
When they will do it.

Must consider:
Safety of the child
Any joint visits needed
The management of the initial interview of the child
The need for specialist child interview, interview of alleged perpetrator or others including protective caregiver/parent
Collection of forensic evidence
Referral to a medical practitioner
Any further actions agreed between Police/CYF
When will the joint investigation plan be reviewed/updated.

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23
Q

What does the CPP case list include as per step four of the CPP process steps (create the CPP case record and case list)?

A
  • Name of child
  • Nature of concern
  • Date of referral
  • CYF criticality
  • The referrer
  • CYF Site
  • Police file number
  • Status of CYF and Police action (open/closed)
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24
Q

What are the requirements of CYF and Police as per step 5 (implement the plan) of the CPP process steps?

A

Progress each CPP case as required and agreed in the joint investigation plan. Review joint investigation plan regularly and update as necessary.

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25
Q

What is the CPP meeting as per step six of the CPP process steps?

A

Dedicated monthly (or more often as necessary) meeting between CYF CPP supervisor and Police CPP contact, agenda including:

  • Review and update CPP case list
  • Discuss case details/joint investigation plans
  • Advise outcomes of CPP cases
  • Discuss/resolve issues of concern
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26
Q

What happens during step seven of the CPP process steps (advise each other of the outcome)?

A

When CPP cases are closed, each party advises their case outcome to the other party. Only jointly closed cases can be removed from the CPP list.

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27
Q

How does conflict resolution between the Police and CYF work as per the CPP?

A

Any issue unable to be resolved at the local level will be referred to the CYF/Police escalation pathway set out in the MOU.

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28
Q

What are the requirements for staff training set out in the CPP?

A

CYF and Police agree to commit to provide annual training for staff involved in CPP cases.

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29
Q

Is CPP activity monitored and quality controlled? How?

A

Yes - both parties put in place their own monitoring, reporting and assurance systems and provide joint reporting as required.

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30
Q

How will mass allegation investigations be handled as per the CPP?

A

Allegations of abuse involving an adult working in, or associated with, an education setting will be managed under Schedule One Managing Abuse Allegations, MOU between CYF and the Ministry of Education 2012.

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31
Q

How often is the CPP reviewed?

A

Every two years, or as initiated by either party giving three months notice.

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32
Q

What are the three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for a CPP case?

A
  • The action
  • The injury inflicted
  • The circumstances
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33
Q

What actions (methodology) will meet the threshold for serious physical abuse?

A

Blow/kick to the head, shaking of an infant, strangulation, use of a weapon or attempted drowning.

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34
Q

What outcomes or injuries inflicted will meet the threshold for serious physical abuse?

A

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 (infant not yet mobile) and/or position and patterning make it unlikely to be caused by play/accident.

35
Q

What are the circumstantial factors to consider when deciding whether physical abuse meets CPP?

A
  • Vulnerability of the child
  • More than one perpetrator
  • History of abuse
  • High degree of violence
  • Perpetrator’s history and background
  • Location of the incident
  • Nature and level of concern from the notifier
36
Q

Which POL form is used to make a CPP referral, and where is it sent?

A

POL 350 - CPP referral form, sent to both CYF and district CPP.

37
Q

What is the definition of a medical practitioner as per the CPP?

A

Paediatricians or GP’s registered with the Medical Council of New Zealand who have received specialist training and are working regularly in this field of medicine.

38
Q

What are the situations where adult victims would be dealt with via Child Protection procedures?

A

Where an adult victim with intellectual disabilities requires forensic interviewing as a child, or reports of historic child abuse by an adult victim.

39
Q

How would reports of historic child abuse be investigated?

A
  • In accordance with ASA investigation policy and procedures.
  • Should include early consultation with specialist child protection investigators and CYF to consider other children who may be at risk, any relevant history and potential for other related offending by the offender.
  • May still require referral to CYF.
40
Q

What is the definition of “acute child abuse”?

A

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

41
Q

What is the definition of a “case investigation plan”?

A

An investigation plan describes the investigation process. It translates the objectives from the Terms of Reference into a plan that sets out roles, responsibilities, time frames, principal activities, critical decision points and objectives for any investigation.

42
Q

What is the CYPFS Act 1989’s definition of “child abuse”?

A

The harming (whether physically, emotionally or sexually), ill treatment, abuse, neglect, or deprivation of any child or young person.

43
Q

What are the circumstances under which a report of concern should be treated as child abuse?

A

When the victim is a child, and one of the following exists:

  • Physical/sexual/emotional/psychological abuse
  • Neglect
  • Witness to serious crime or family violence
  • Presence in unsafe environments
  • Cyber crime exploiting children
  • Child trafficking
44
Q

What is the definition of a “child centred timeframe”?

A

Timeframes that are relevant to a child’s age and cognitive development.

45
Q

What is the definition of “emotional abuse”?

A

The persistent emotional ill treatment of a child, which causes severe and persistent effects on the child’s emotional development.

46
Q

What is the definition of “harm”?

A

Ill treatment or the impairment of health or development, including impairment suffered from seeing or hearing the ill treatment of another.

47
Q

What is the definition of “neglect”?

A

The failure to provide a child’s basic physical, emotional or educational needs or to protect a child from harm or potential harm. Neglect can occur as an isolated incident, a series of incidents or it can be a continuous state.

48
Q

What is the definition of “non-acute child abuse”?

A

Child abuse reported 7 days or later from the abuse occurring.

49
Q

What is the definition of “psychological abuse”?

A

A person psychologically abuses a child if they:

  • cause or allow the child to see or hear the physical, sexual or psychological abuse of a person** with whom the child has a domestic relationship.
  • put the child, or allow the child to be put, at real risk of seeing or hearing that abuse occurring.

**Unless they are the person who suffers the abuse.

50
Q

What is the definition of “serious physical abuse”?

A

The actions of an offender that result in or could potentially result in physical harm or injury being inflicted on a child. The test for seriousness is determined by considering the action, the injury and the circumstances.

51
Q

What should be considered for the circumstantial factor of “the vulnerability of the child”?

A

Children under 5 years, age and vulnerability of pre-pubescent children, disabilities in any age.

52
Q

What should be considered for the circumstantial factor of “more than one offender”?

A

Both parents/caregivers, or multiple family members.

53
Q

What should be considered for the circumstantial factor of “history of abuse”?

A

Multiple previous similar events, escalation of abuse, previous non-accidental death of a sibling/child in the household, abuse undertaken in public or in front of non-relatives.

54
Q

What should be considered for the circumstantial factor of “a high degree of violence”?

A

A complete loss of control by the offender, i.e. a frenzied attack, enhanced maliciousness or cruelty in the abuse, the degree in relation to the victim’s age and vulnerability.

55
Q

What should be considered for the circumstantial factor of “the offender’s history and background”?

A

Severe and frequent family violence, serious or extended criminal history, serious alcohol/drug abuse, gang or known criminal connections, access to firearms.

56
Q

What should be considered for the circumstantial factor of “location of the incident”?

A

Educational, care, health facility.

57
Q

What should be considered for the circumstantial factor of “nature and level of concern from the notifier”?

A

Notifier witnessed abuse, notifier’s source, professional opinion indicates serious concern.

58
Q

What are the 10 Police process steps when conducting a child abuse investigation?

A
1 - Record incident/event/occurrence
2 - Initial attendance
3 - Gather and process forensics
4 - Assess and link case
5 - Prioritise case
6 - Investigate case
7 - Resolution decision/action
8 - Prepare case
9 - Court process
10 - Case disposal and/or filing
59
Q

What are the initial action steps that should be taken when a 6C report is received?

A
  • Obtain details of informant/complainant and child, brief circumstances, timings and offender’s details.
  • Do not question the child if it can be avoided.
  • Consider any immediate safety concerns.
  • Take initial action steps to preserve scene/witnesses/offenders.
  • Record into NIA.
60
Q

When should you remove a child from a situation where child abuse is suspected?

A

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.

61
Q

What are your powers of removal for children?

A

S39, 40 and 42 of CYPFS Act 1989

62
Q

How should a family violence referral be made to CYF?

A

If any three priority factors on the POL 1313 are present, a ROC (POL351) must be completed. If there is evidence of serious child abuse, a POL350 (CPP) should still be completed.

63
Q

How should notifications of other criminal activity (youth offending) be made to CYF?

A

This is managed through Police Youth Services on completion of the investigation case file for an offender identified as a child.

64
Q

Which factors should be considered during the risk assessment when a historic child abuse complaint is made?

A
  • Currency and timeframes of offending
  • The suspect’s current access to children
  • The nature of offending (preferential/opportunitst)
  • Multiple victims
  • Occupational, recreational or secondary connection to children (school teacher/volunteer group/sports coaches etc)
65
Q

Specialist interviews of children should be what?

A
  • Video recorded
  • Carried out according to MOU Schedule
  • Carried out by specialist trained interviewers
  • Monitored by a trained person
  • In accordance with Pt1 of Evidence Regulations 2007
66
Q

How can consent for a child interview be obtained if it is refused by the parent/caregiver?

A

Interview can proceed with written consent from social worker if in CYFs custody - if not in CYF custody consider S39 warrant.

67
Q

Why are specialist child witness interviews video recorded?

A
  • The interview process is focused on the child and allows them to clearly and freely state what has happened according to the rules of evidence.
  • The videotaped interview can be used for the basis of an investigation, subsequent prosecution and/or care and protection purposes.
  • It avoids the need to re-interview the child for different purposes.
68
Q

What does R v M state with regard to video records?

A

With a child complainant, evidence will normally be given by way of video record if there is one, unless there are exceptional circumstances.

69
Q

What should the timing of a medical forensic examination in an acute sexual abuse case be?

A

A specialist practitioner should be contacted ASAP - capturing forensic evidence is particularly important in the first 7 days. Even if 3 or 4 days have passed it should still be considered.

70
Q

What should the timing of a medical forensic examination in acute physical abuse cases be?

A

As soon as possible, however further assessment should be made at a follow-up medical appointment due to bruises and other injuries taking a few days to best appear.

71
Q

What should the timing of a medical forensic examination in non acute cases be?

A

At a time convenient to the medical practitioner, child and family.

72
Q

What should be considered when arranging a medical examination of a child abuse victim?

A

The child-centred timeframe, a specialist medical practitioner, religious/cultural sensitivities, support during the examination, an appropriate examination venue, the Police role during the procedure and any photography that may need to take place.

73
Q

What other investigative opportunities should be considered when investigating a child abuse case?

A
History of family violence
Area canvas
Location of further witnesses
Propensity evidence
Intelligence office input
Media releases
Contact with Police Criminal Profiling Unit
74
Q

What should be considered when approaching a suspect in a child abuse case?

A

The time of day, the location and situation, the investigator’s style/manner/approach, the possible perceptions of the suspect and what they may interpret is occurring, follow up options.

75
Q

What should be conducted by a Police Medical Officer during a medical examination of a suspect?

A
  • Should use MEK or Toxicology kit.
  • Should take appropriate cell/hair/fluid samples
  • Note any injuries and how they may have occurred
  • Give opinion RE mental condition
  • Record any comments/explanations made by suspect
  • Consider photographing injuries or other aspects.
76
Q

When might a public notification of an offender’s details be necessary?

A

Where information is received that a person has commenced volunteer work with children.

77
Q

What is the process when a child is admitted to hospital for non-accidental injuries or neglect?

A

DHB responsible for ensuring the safety of the child until CYF notification accepted - no longer than 24 hours. Then a medical case conference between Police, CYF and DHB is convened and a multi-agency safety plan is agreed - also within 24 hours of notification being received by CYF. Plan is reviewed when necessary.

78
Q

What three things should charges laid in child abuse investigations reflect?

A
  • Seriousness of the offence
  • Essential nature of the offending
  • Admissible evidence
79
Q

What is a S29 VRA offence?

A

Offences of sexual violation or serious assault, or offences that resulted in serious injury, death or a person being rendered incapable, or one of another kind that has led to the victim having ongoing fears on reasonable grounds for their physical safety and security and that of their immediate family.

80
Q

What are the options for resolving child abuse investigations?

A
  • Prosecution
  • Issue of a formal PCW
  • Diversion
  • Restorative justice
  • Filing due to insufficient evidence
  • No further action
81
Q

What is the preferred resolution for child abuse investigations?

A

Prosecution, where there is sufficient evidence to establish a prima facie case.

82
Q

How should a child witness ideally be prepared to give evidence in Court?

A

The child should, if possible, meet the prosecutor or Crown Solicitor before the trial, be shown the courtroom, and be given appropriate resource material to assist with preparing for court.

83
Q

What financial support is available to victims of sexual violence?

A

Financial grants are available through Victim Support.

84
Q

What should be considered when returning exhibits following the completion of the investigation in child abuse cases?

A

Any damage to items of clothing that occurs during the course of the investigation should be discussed with the victim or their parent/guardian before returning. Consider having clothes and bedding cleaned and avoid returning items in Police exhibit bags.