Investigation Guidelines (Child Protection) Flashcards
What is the first and paramount consideration in a child complaint
the safety and well being of the child
Failure to protect a child charge - what must be proved
Where the person at risk is a child -
1) under the age of 18 at the time of the offence and
2) the defendant was over the age of 18 and
3) the defendant by virtue of being a member of the same household as the victim or a staff member in a hospital or institution or residence where the victim resides had ‘frequent contact” with them and
4) the defendant has knowledge of the risk of harm to the child
What are the forms of CHILD ABUSE
1) physical, sexual, emotional or psychological
2) neglect
3) presence in unsafe environments (p labs)
4) cyber crime exploiting children
5) child trafficking
What is a child centred timeframe
timeframes that are relevant to the Childs age and cognitive development
What is the CPP Joint operating procedures
Exists to ensure timely co-ordinated and effective action by OT and Police so that:
- children are kept safe
- offenders are held accountable
- child victimisation is reduced
Timeframes for CPP
OT time frames
CRITICAL 24hrs
no safety of care identified, mokopuna is at risk of serious harm and requires immediate involvement to establish safety
VERY URGENT 48hrs
at risk of serious harm but has some protective factors present for the next 48hrs. However as the present situation and/or need is likely to change, high priority follow up is required
URGENT 7 days
at risk of harm or neglect and the circumstances are likely to negatively impact on mokopuna. Options of safety and supports have been explored but remain unmet. Vulnerability and pattern exists which limits the protective factors
Three areas to consider in determining whether physical abuse meets the threshold for referral as a CPP case
- the action (of the abuse)
- the injury inflicted (outcome or result)
- the circumstances (factors in case)
Actions and injuries that WILL meet the threshold for CPP referral
ACTIONS:
1) blow or kick to the head
2) shaking of an infant
3) strangulation
4) use of an object as a weapon
5) attempted drowning
INJURIES:
1) bone fracture
2) burn
3) concussion or loss of consciousness
4) any bruising or abrasion when the:
- child is very young
- position and patterning make it unlikely to be cause by play or another child or accident
CIRCUMSTANCES:
1) vulnerability of the child
2) more than one offender
3) history of abuse
4) high degree of violence
5) offenders history and background
6) location of the incident
7) nature and level of concern from notifier
Key processes in child abuse investigations
1) record incident, event or occurrence in NIA
2) initial attendance (enquiries commence, evidence gathered)
3) Gather and process forensics
4) assess and link case, initial assessment and review of all available information. Filed or sent to appropriate work group for investigation
5) prioritise case
6) investigate case
7) resolution decision/action
8) prepare case court file
9) court process
10) case disposal and/or filing
Initial actions and safety assessment
1) obtain brief details of what the concern is about to enable a risk assessment (personal details, brief circumstances, time, scene, offender)
2) Consider if there are immediate concern for the Childs care or safety requiring immediate intervention.
3) consider iwi, pacific or ethnic liaison officers attendance could be beneficial
4) Record details in NIA
5) If the situation does not require immediate intervention complete CPP referral
6) take necessary initial actions relation to criminal investigations (preserve crime scene/physical evidence, secure witnesses, locate offender)
7) when circumstances permit provide parents and caregivers with a copy of the pamphlet “when police visit about your Childs safety”
Options for removing a child
WITHOUT A WARRANT
invoke when belief on reasonable grounds it is critically necessary to prevent injury or death.
Complete notification within 3 days
WITH A PLACE OF SAFETY WARRANT
on entry may remove the child if they still believe on reasonable grounds child has or is suffering ill treatment, abuse, neglect
WITH A WARRANT TO REMOVE
court is satisfied a child is in need of care and protection
Guidelines to follow for CFI
child focus interview
1) if a child has made a clear disclosure to an adult and that adult can give you the information DO NOT ask the child again
2) if it is unclear what the child has said and no urgent safety issues DO NOT question further
3) if absolutely necessary to speak to ascertain safety ask open ended questions
4) DO NOT continue to question child if it becomes clear while speaking to them that an offence has occurred.
What is a child focus interview CFI
when you don’t have disclosure made of an offence
Criteria for CPP
Physical abuse
Sexual abuse
Neglect
Three initial steps police and OT must follow
Referral - information sharing between two agencies
CPP consultation - discussion at appropriate level
Agreement - upon initial action
What is the primary objective of a medical exam
the child’s well being and safety
victims physical, sexual and mental health and safety
Secondary importance to collect trace evidence
Who conducts the medical exam
DSAC (doctors for sexual abuse care) trained are the preferred specialists
Specialist paediatric or general medical examiner
