Sex offences (CPI)

Question 1

Oranga Tamariki timeframes (Critical)

Answer 1

Critical 24 hrs
Child or young person

No safety of care identified: mokopuna is at risk of serious harm, and requires immediate involvement to establish safety.

Question 2

Oranga Tamariki timeframes (Very urgent)

Answer 2

Very urgent 48 hrs
Child or young person

At risk of serious harm but has some protective factors present for the next 48 hours. However, as the present situation and/or need is likely to change, high priority follow up is required.

Question 3

Oranga Tamariki timeframes (Urgent)

Answer 3

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.

Question 4

Initial joint investigation plan (IJIP)

Answer 4

Initial joint investigation plan (IJIP)

An initial plan jointly created by Oranga Tamariki and Police:

• to record agreed actions on the agreed template

Question 5

Key processes in child abuse investigations (1)

Answer 5

Step 1 - Record incident, event or occurrence

Details are recorded into the Police computer system and a case created.

All reports of child safety concerns must be recorded in NIA with the 6C incident code in addition to the appropriate offence code when an offence has clearly been identified.

Question 6

Key processes in child abuse investigations (2)

Answer 6

Step 2 - Initial attendance

Police respond to the report, enquiries commence, evidence is gathered or other action taken as necessary.

After initial assessment, referring cases to Oranga Tamariki to agree future actions and priority.

Question 7

Key processes in child abuse investigations (3)

Answer 7

Step 3 - Gather and process forensics/Medical forensic
examinations

Detailed scientific scene examination is conducted. Forensic evidence is gathered and analysed, and its relevance recorded and assessed.

Question 8

Key processes in child abuse investigations (4)

Answer 8

Step 4 - Assess and link case

Initial assessment and review of all available information. Other related or relevant cases are identified. Cases are closed (filed, or inactivated) or forwarded to appropriate work groups for further investigation.

Consider the application of procedures in the Child protection for:

• mass allegations/online offending

Question 9

Key processes in child abuse investigations (5)

Answer 9

Step 5 - Prioritise case

Cases identified for further investigation are assigned a case priority rating score based on crime type and the presence of factors affecting the need for urgent investigation.

All child abuse cases are recorded as “2. Critical” under NIA Case Management.

• consultation and JIP with OT
• make referrals to OT

After an initial assessment of the case, cases are referred to Oranga Tamariki for consultation and to agree future actions and priority.

Question 10

Key processes in child abuse investigations (6)

Answer 10

Step 6 - Investigate case

Initial investigation is conducted to bring the case to a point where a suspect can be identified and all preliminary enquires necessary before interviews are complete.

• interviewing victims/witnesses
• medical forensic examinations
• evidence gathering and assessment
• consider appropriate strategies for mass allegations/online offending
• interview suspects

Question 11

Key processes in child abuse investigations (7)

Answer 11

Step 7 - Resolution decision/action

Deciding on formal or informal sanctions, prosecution or other action, confirming the appropriateness of charges and offender handling and custody suite actions.

• charging offenders/considering bail
• prosecution and other case resolutions

Question 12

Key processes in child abuse investigations (8)

Answer 12

Step 8 - Prepare case

Court files are prepared, permission to charge obtained from supervisor and actions such as disclosure completed.

• prosecution file/trial preparation
• criminal disclosure

Question 13

Key processes in child abuse investigations (9)

Answer 13

Step 9 - Court process

Where a not guilty plea is entered, a case management memorandum and case review hearing occurs before trail (judge alone - cat 2 & 3, or trial by jury - cat 3 & 4)

Question 14

Key processes in child abuse investigations (10)

Answer 14

Step 10 - Case disposal and/or filing

Occurs when a case will be subject to no further action because all reasonable lines of enquiry have been exhausted without result or the matter has proceeded to a resolution in the court system or by alternative action. As per the tiered training model only Level 4 trained staff can file CP cases.

• final actions/case closure
• prevention opportunities and responsibilities

Question 15

Key processes in child abuse investigations (All steps)

Answer 15

All steps - Responsibilities for victims

Consider Police responsibilities for victims throughout the investigation.

Question 16

Options for removing a child (Without a warrant)

Answer 16

Without a warrant
s.42 OT Act 1989

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.

YOU MUST:

• produce evidence of identity
• disclose that powers are being exercised under s.42
• submit a written report to Commissioner of Police within 3 days of power being exercised (s.42(3)).
• complete notification “child/YP arrest/removal” in Microsoft outlook to comply with this requirement

Question 17

Options for removing a child (With a place of safety warrant)

Answer 17

With a place of safety warrant
s.39 OT Act 1989

Staff normally obtain place of safety warrants, although police may assist with executing the warrant. (Police can apply for one but it is unusual to do so)

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, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm.

Question 18

Options for removing a child (With a warrant to remove)

Answer 18

With a warrant to remove
s.40 OT Act 1989

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 Oranga Tamariki care. These warrants are sought by Oranga Tamariki when there are ongoing care and protection concerns.

Question 19

Child

Answer 19

Child

Unless specified, ‘child’ means any child or young person under the age of 18 years at the time of their referral but does not include any person who is or has been married (or in a civil union).

Question 20

6C Incident code

Answer 20

6C

Any report of concern received by Police where a child is the victim.

Question 21

Acute child abuse

Answer 21

Acute child abuse

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

Question 22

Adult

Answer 22

A person aged 18 years or older.

Question 23

Child abuse

Answer 23

Child abuse

Child abuse is defined in the Oranga Tamariki Act 1989 as the harming (whether physically, emotionally, or sexually), ill- treatment, abuse, neglect, or deprivation of any child or young person.

If the victim is a child and one or more of the following exist, the report of concern should be treated as child abuse:

• physical, sexual, emotional or psychological abuse
• neglect
• presence in unsafe environments (e.g. locations for drug manufacturing or supply)
• cyber crime exploiting children
• child trafficking.

Question 24

Historic child abuse

Answer 24

Historic child abuse

Reports by an adult victim of child abuse that occurred against them when they were a child and they are over 18 at time of reporting the abuse. (Adult Sexual Assault procedures apply)

Question 25

Neglect (within the CPP context)

Answer 25

Neglect

Neglect is when a person intentionally ill-treats or neglects a child or cases 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. The ill-treatment or neglect must be serious, and avoidable.

For example:

• not providing adequate food, shelter or clothing
• not protecting a child from physical harm or danger
• not accessing appropriate medical treatment or care
• allowing a child to be exposed to the illicit drug manufacturing process
• allowing a child to be exposed to an environment where volatile, toxic, or flammable chemicals have been used or stored.

Question 26

Physical abuse

Answer 26

Physical abuse

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

This can also be known as a non-accidental injury (NAI). The test for seriousness is determined by considering the action, the injury and the circumstances

Question 27

Psychological abuse

Answer 27

Psychological abuse

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, or
• puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring.

Note: The person who suffers the abuse is not regarded (for the purposes of s.3 as having:

• caused or allowed the child to see or hear the abuse,

or

• put the child, or allowed the child to be put, at risk of seeing or hearing the abuse.

Question 28

Determining seriousness of physical abuse

Answer 28

Determining seriousness of physical abuse

There are 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 the case).

Question 29

Examples of physical abuse

methodology, how it was done

Answer 29

Physical abuse

Any single action listed below will meet the threshold for referral as a CPP case.

Examples of physical abuse (methodology, how it was done):

• 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.

Question 30

Examples of physical abuse

injuries, outcome or result

Answer 30

Physical abuse

Any single injury listed below will meet the threshold for referral as a CPP case.

Examples of physical abuse (injuries, outcome or result):

• a bone fracture
• burn
• concussion or loss of consciousness
• any injury that requires medical attention
• 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.