A joint protocol of the Department of Human Services Child Protection, Department of Education and Early Childhood Development, Licensed Children

1
Protecting the safety and wellbeingof children
and young people

• A joint protocol of the Department of Human
  Services Child Protection, Department of
  Education and Early Childhood Development,
  Licensed Childrens Services and Victorian Schools

Mandatory Reporting Professional Learning for
school staff
2
Todays training will include information about

• Child Protection
• Guiding principles - Legislative and Theoretical
  Context
• Roles of Agencies
• Child Protection Child FIRST, DEECD, Police and
  others
• Reporting
• Mandated - Non-mandated - Forming a belief
• Reporting/Referral arrangements
• Child Protection or Child FIRST
• School responsibilities
• Role Reporting - Confidentiality
• Information sharing
• Police - Child Protection Child FIRST - Support
  agencies

3
Introductory Group Exercise -

• On Monday morning, Michael appears at school
  with raised welts across the back of his legs.
• When questioned, he says that on Saturday he
  used his fathers work computer without
  permission.
• His father became angry and hit him with a belt.
• Michael says that, by the end of the weekend
  everything was ok between him and his Dad.
• What issues does this raise for you?
• What influences your view?

4
Influences on our values

• Our childhood experiences
• Our parenting experiences
• Our educational training
• Our work place culture
• The culture of our family and wider network
• Societal values

5
The Legislative Context

• Children Youth and Families Act 2005 (CYFA 2005)
• Passed in 2005
• Came into operation 23 April 2007
• Governs the provision of Child Protection, Family
  Services, Out of Home Care, Youth Justice and a
  specialist Childrens Court
• Enables and guides the operation of Child FIRST

6
Focus of Legislation and Reforms

• Promotion of Children's Best Interests
• safety, stability and development
• The Best Interests of the child are paramount
  
• these principles guide all decision making
• Earlier intervention
• support for vulnerable families via referral to
  Child FIRST
• Reducing abuse and neglect
• increased emphasis on preventing cumulative harm
  (S 162 CYFA (2005))
• Improved quality of care
• for children and young people in out of home care
  and leaving care

7
Definition of a Child-CYFA 2005

• Under the Act, a child is defined as under the
  age of 17 years
• If a Child Protection Order is in place, the
  definition of a child includes those under the
  age of 18 years
• Reports can also be received about unborn
  children.

8
Legal Definition- A Child in Need of Protection

• Section 162 of the CYFA 2005
• Parents have abandoned a child and cannot be
  found.
• Parents are dead or incapacitated and there is no
  one else to look after that child.
• Child has suffered or is likely to suffer
  significant harm as a result of physical injury,
  sexual abuse or emotional or psychological harm
  and parents have not or are unlikely to protect
  the child from such harm.
• Childs physical development or health has been
  harmed and parents have not or are unlikely to
  provide for or allow the provision of appropriate
  care.

9
Best Interests Case Practice Model

• An approach to working with children and families
  based on sound professional judgement, reflective
  practice and respectful partnerships with
  families and services
• It aims to reflect the practice directions
  arising from the Children, Youth and Families Act
  2005 (CYFA) and the Child Wellbeing and Safety
  Act 2005 by promoting the best interests of the
  child
• The development of a relationship based approach
  to working with families and service partners
  with a stronger emphasis on casework
• The use of tools to better measure the
  effectiveness of our intervention with families

10
Role of Child Protection

• Child Protection has the responsibility to
• receive reports from people who believe on
  reasonable grounds that a child is in need of
  protection
• provide consultation and advice to people making
  reports
• investigate matters where it is believed that a
  child is at risk of significant harm
• refer children and families to services that
  assist in providing the ongoing safety and
  wellbeing of children
• take matters to the Childrens Court if the
  childs safety cannot be guaranteed
• supervise children on orders granted by the
  Childrens Court.

See the Protocol Section 3.1 Role of Child
Protection
11
Statistics-Victorian child protection activities
2006/7 2007/8 2008/9
Reports 38,675 41,607 42,851
Investigations 11,303 11,167 11,217
Substantiations 6,828 6,365 6,344
12
Statistics Victorian Child Protection
1,143,246 0 16 years Estimated population (Dec 2008)
33,640 0 16 Years Reported to Child Protection in 2008 09
6,129 0-16 years Substantiated - In need of protection
6,100 0 17 Years On Child Protection Orders 30 June 2009
5,283 0 17 Years In Out-of-home care 30 June 2009
13
Protecting Children Is Everyones Business

• Society as a whole shares a responsibility for
  protecting the safety and well-being of children.
• Any member of the community can make a report to
  Child Protection or a referral to Child FIRST if
  they have significant concern for the well-being
  of a child.
• In addition, some members of the community
  (including teachers) are mandated to report to
  Child Protection

14
Mandatory Reporting

• No change from previous legislation
• Doctors, Nurses, Teachers and Police must
  continue to report to Child Protection when they
  form a belief based on reasonable grounds that a
  child has suffered or is likely to suffer
  significant harm resulting from physical injury
  or sexual abuse and parents have not or are
  unlikely to protect child from harm of this type
• Education staff also must report where they have
  significant concerns for emotional abuse or
  neglect
• Reports made in the course of carrying out your
  profession and made in good faith are
  confidential and do not constitute a breach of
  professional ethics or a contravention of
  relevant privacy laws nor can they be the subject
  of legal or civil action

Secondary and Primary School Nurses are mandated
and must also report
15
Why are professionals mandated to report

• It is likely that a significant number of school
  students will suffer harm from abuse or neglect
  during their time within the education system
• Physical and sexual abuse can cause long lasting
  effects Harm is minimized when intervention takes
  place as early as possible
• Physical and sexual abuse of children are
  criminal offences
• Teachers and other school professionals are
  ideally placed to recognise abnormal or changed
  behavior and are likely to be first to identify
  signs of abuse.

16
Non-mandated school staff

• Section 183 of the CYFA 2005 states that any
  person who believes on reasonable grounds that a
  child is in need of protection may report their
  concerns to Child Protection.
• This means that any person should make a report
  to Child Protection when they believe that a
  child or young person is at risk of harm and in
  need of protection, and the childs parents are
  unable or unwilling to protect the child.
• If non-mandated staff have concerns that a
  student may be at risk of harm they should inform
  the principal immediately

Refer to the Protocol Section 4.2 Protecting the
safety of children and young people
17
Are you mandated or non-mandated
Mandated Mandated Mandated Non-Mandated Non-Mandated Non-Mandated
Principal class Teachers Visiting teachers Student teachers Nurses Psychologists (Will be mandated as of 1 July 2010) Social Workers Speech Pathologists Education Support Officers (Aides) Non-teaching staff Administration Cleaners Canteen staff
Are you aware of your responsibilities to
protect children and young people from harm?
18
Duty of care

• School staff have a duty of care to protect and
  preserve the safety, health and wellbeing of
  children and young people in their care and staff
  must always act in the best interests of those
  children and young people.
• If a staff member has any concerns regarding the
  health, safety or wellbeing of a child or young
  person it is important to take immediate action.
• The roles and responsibilities of school staff in
  supporting children and young people who are
  involved with Child Protection may include
• acting as a support person for students
• attending Child Protection case plan meetings
• observing and monitoring students behaviour
• liaising with professionals.

Refer to the Protocol Section 6.1. The role of
school staff
19
Mandatory reporting considerations -Part 1
Forming a belief

• The CYFA (2005) states
• That teachers must report to Child Protection
  when they form a belief on reasonable grounds
  that a child has suffered, or is likely to
  suffer, significant harm as a result of physical
  injury or as a result of sexual abuse
• A belief is considered to be more than a
  suspicion. A person may be considered to have
  formed a belief if they are more likely to accept
  rather than reject the suspicion that a child is
  at risk of harm from physical or sexual abuse
• Proof is not required that abuse has occurred or
  is likely to occur. A belief is sufficient. It is
  the role of the Child Protection to determine
  whether that belief should be investigated
• If one staff member has a different view from
  another staff member about making a report and
  the staff member continues to hold the belief
  that a child is in need of protection, that
  person is still obliged to make a report to Child
  Protection.

Refer to the Protocol Section 4.3. Forming a
belief on reasonable grounds
20
Mandatory reporting considerations - Part 2
Reasonable grounds

• Reasonable grounds is the mechanism used for
  forming the belief. Examples are
• a child tells a teacher they have been abused
• someone else tells a teacher (a relative, friend,
  neighbour or sibling) that a child has been
  abused or is at risk of abuse
• a child tells a teacher that they know someone
  who has been abused (often a child is referring
  to themselves)
• a teachers own observation of a particular
  childs behaviour/injuries or their knowledge of
  children generally leads them to suspect that
  abuse is occurring
• other grounds that have led to the forming of a
  belief that a child is being abused.

Refer to the Protocol Section 4.3. Forming a
belief on reasonable grounds
21
Suggestions for responding to a child/young
person who discloses

• Suggestions include
• Listen to the child
• Control expressions of panic or shock
• Express your belief that the child is telling the
  truth.
• Use the childs language or vocabulary.
• Tell the child that this has happened to other
  children, and that they are not the only one.
• Reassure the child that to disclose is the right
  thing to do.
• Emphasis that whatever happened was not the
  childs fault, and that the child is not bad.
• Tell the child that you know some adults do wrong
  things.
• Tell the child you will do your best to support
  and protect them.
• Indicate what you will do, - report to the Child
  Protection to help stop the abuse
• Tell the child that you are required to tell
  Child Protection.

22
Group exercise All schools

• You have been provided with a sheet entitled
  Helpful or Unhelpful Statements. Consider the
  statements and questions as a response to a
  disclosure of sexual assault
• Assess whether each statement is helpful,
  somewhat helpful or not at all helpful

2. Discuss why you have made that assessment
23
Group exercise Answer Sheet 1Helpful or
unhelpful questions
Helpful Somewhat helpful Unhelpful
What were you doing with him in the first place ?
Why didn't you tell me before ?
People who have had that experience often feel that way ?
Do you want to talk about it ?
I think you should report it to the police. ?
How do you feel about it now ?
That must have been terrible! ?
What do your friends think ?
That would be really hard to prove in court ?
It sounds as though you might be afraid ?
With acknowledgement and thanks to the Centres
Against Sexual Assault Forum
24
Group exercise Answer Sheet 2Helpful or
unhelpful questions
Helpful Somewhat helpful Unhelpful
You seem very distressed. ?
That happened to a friend of mine. ?
What would you like to happen now ?
Oh yes. I know how you feel ?
Are you worried about making trouble for others ?
It's often difficult to talk about these experiences ?
Is there any point in making a fuss about this ?
It's difficult when someone you trust hurts you ?
What do you need to help you feel safe now ?
Are you worried about getting someone in trouble ?
With acknowledgement and thanks to the Centres
Against Sexual Assault Forum
25
Consultation- A good idea!

• Schools must take immediate action in relation
  to concerns about possible abuse and neglect
  including student sexual assault.
• This means that the school needs clear and
  accessible policies procedures about responding
  to concerns for the safety and/or wellbeing of a
  student
• Staff must be able to seek appropriate advice
  and know who can provide it.
• Consult with and seek advice from
• the school principal, or a member of the school
  leadership team
• regional support staff.
• the Emergency and Security Management Unit - P
  9589 6266
• the Student Critical Incident Advisory Unit,
  Student Wellbeing Division P 9637 2934 or 9637
  2487
• the local Victoria Police Sexual Offences and
  Child Investigation Team (SOCIT)
• Department of Human Services, Child Protection

26
Definitions of Abuse and Neglect

• Physical Abuse any non accidental injury to a
  child by a parent or caregiver. May take the form
  of bruises, cuts, welts, burns or fractures,
  internal injuries, shaking injuries in young
  infants.
• Sexual Abuse when an adult or someone
  older/bigger than the child uses power or
  authority over the child to involve the child in
  sexual activity with or without physical force.
• Examples- fondling of the genitals
  masturbation oral, vaginal or digital
  penetration by a finger, penis or other object
  exposure to pornography, internet grooming
  behaviours.
• Emotional Abuse when a child is repeatedly
  rejected or frightened by threats name calling
  exposure to significant or sustained family
  violence being put down or continual coldness.

Refer to the Protocol Appendix 2Definitions of
Child Abuse and Indicators of Harm
27
Definitions of Abuse and Neglect Continued

• Neglect the failure to provide the child with
  the basic necessities of life, such as adequate
  food, clothing, shelter, health care and
  supervision.
• Family violence Violence (either actual or
  threatened) that occurs within a family, includes
  physical, verbal, emotional, psychological,
  sexual, financial and social abuse. Family
  violence is a criminal offence and can be liable
  to prosecution.
• Other matters that should be reported to Child
  Protection
• Risk-taking behaviour
• Female genital mutilation
• Child/young person exhibiting sexually abusive
  behaviours

Refer to the Protocol Appendix 2Definitions of
Child Abuse and Indicators of Harm
28
When to report to Child Protection

• A school staff member forms a view that the
  child or young person is in need of protection
  because
• The harm or risk of harm seriously impacts on the
  childs immediate safety, stability or
  development
• The harm or risk of harm is persistent and
  entrenched and is likely to have a serious impact
  on the childs safety, stability or development.
• The childs parents cannot or will not protect
  the child/young person from harm.
• The definition of child in need of protection
  includes harm accumulated through a series of
  continuing acts, omissions or circumstances
• NB A Mandatory Report should be made as soon as
  possible.

Refer to the Protocol Section 4.8 Protecting the
safety of children and young people
29
(No Transcript)
30
(No Transcript)
31
Making a Report to Child Protection
Information to provide.
Child Family Alleged abuse Notifier
Name/Gender/Age Composition Times/dates Name
Any disability Siblings/name/age Nature of incident Occupation
Extended family Disability in family Patterns Location
Parent/carer Language spoken Previous incidents Contact details
Safe Now Other adult _at_home Previous agency involvement Relationship to child
Background History History of violence Grounds for belief
Cultural status Other agencies
Religion Reaction to DHS
Any other significant factors Family know of report Present/prior concerns
LACK OF ANY OF THE ABOVE INFORMATION SHOULD NOT
DELAY A MANDATORY REPORT.
32
Making a Report to Child Protection What
Happens Next

• Intake classification of Wellbeing or
  Protective report information gathering, risk
  assessment, advice and referral referral to
  Child FIRST
• Investigation - determination of substantiation
  of reported harm
• Protective Intervention - without court action
• Application to Childrens Court for orders for
  protection, supervision, treatment.
• Protective Orders ensure appropriate
  supervision for a child at risk of harm

Refer to the Protocol Section 4.8 Making a
report to Child Protection and to Appendix 1
Core Functions of Child protection
33
What is Child FIRST

• Child and Family Information, Referral and
  Support Team (Child FIRST)
• The entry point into Integrated Family Services
  across the state
• Undertakes initial needs and risk identification
  and assessment
• Supported by Community Based Child Protection
  Worker
• When would I refer to Child FIRST rather than
  Child Protection
• Where there is significant concern for a childs
  wellbeing
• When concerns have low to moderate impact on the
  child
• The childs immediate safety is not compromised.

Provide the same information as for a Mandatory
Report
34
Information Sharing Child Protection or Child
FIRST

• The CYFA (2005) classifies some individuals and
  groups of professionals as information holders.
  This includes teachers, principals and people
  granted permission to teach by the Victorian
  Institute of Teaching.
• Child Protection
• Child Protection may authorise any professional
  to provide relevant information regarding a Child
  Protection investigation.
• Child FIRST
• Child FIRST and Family Services can consult with
  information holders to complete a risk
  assessment, without prior family consent.
• After the risk assessment, information sharing
  with Child FIRST or Family Services needs family
  consent, and if old enough, the childs consent.

35
Information Sharing Protection for school staff

• School staff are protected provided you share
  information under authorised circumstances and
  in good faith (CYFA (2005) )
• Your identity must be kept confidential unless
  you consent to it being disclosed.
• You are not subject to any legal liability in
  respect of the giving of information - you cannot
  be successfully sued.
• Authorised disclosure cannot constitute
  unprofessional conduct or a breach of
  professional ethics.
• Authorised disclosure does not contravene
• Health Services Act 1988, Section 141
• Mental Health Act 1986, section 120A
• CYFA 2005, Section 212
• Information Privacy Act 2000.
• NB Details of a mandatory report should remain
  confidential.

Refer to the Protocol Section 7.4 Protection when
sharing information
36
Information Sharing School Staff

• The deciding principle is need to know.
• Only disclose information about a mandatory
  report with those who
• have direct responsibility for the students
  safety and wellbeing. e.g. principal class,
  school welfare staff
• are involved in providing advice support
  region wellbeing, RNL, SCIAU
• have the capacity to protect the student from
  harm. e.g. Child Protection, Police
• Staff who work directly with a student such as
  class room teachers need to know enough
  information to ensure the safety and wellbeing of
  the student.
• For example
• staff should be made aware the child is in a
  difficult situation
• informed that the child should be monitored and
  may need support
• provided with information about what to do if the
  child seems stressed
• No specific details to be provided to those
  without a need to know including
• the substance and details of the concern or
  report
• who is allegedly involved.

37
Victoria Police SOCIT - Sexual Offences and
Child Abuse Investigation Teams

• Child Protection and Victoria Police have
  statutory responsibilities under the CYFA (2005)
  relating to the protection of children.
• Child Protection is the lead agency responsible
  for the care and protection of children - police
  for criminal investigations into alleged child
  abuse
• Protocols require that each agency notify the
  other of suspected child abuse.
• SOCIT consists of experienced and qualified
  police members specially trained in responding to
  investigating sexual assault.
• SOCIT can be contacted for advice by regions or
  schools.

38
Scenarios and case studies

• Following are a number of different exercises to
  provide practical examples of the application of
  the protocol and to facilitate discussion of
  issues.
• There are examples for different types of school
  settings and around different issues.
• Choose the one most applicable to your situation.

39
Small Group Case Study Secondary P1

• Monday morning, a year 10 female student, Jessie
  15yrs., tells you she was sexually assaulted
  last night.
• What do you do?
• She then tells you it was her older brother and
  this is not the first time.
• What do you do next?

40
Small Group Case Study Secondary P2

• She tells you that she does not want her family
  to know, she will not talk to police and she
  wants you to arrange a pregnancy test.
• What do you tell her?
• What would lead you to form a belief?
• Do you report her allegation?
• If so who to?

41
Small Group Case Study - Primary P1

• A Grade 2 girl comes to your office and tells
  you that a Grade 3 boy has been touching her in
  her private parts.
• Is this enough information to form a belief?
• Who would you consult?
• You talk to the principal who is aware that the
  Grade 3 boy has engaged in this behaviour
  previously and is very concerned.
• What do you do next?

42
Small Group Case Study - Primary P2

• The principal and the teacher meet with the
  parent they are concerned that the boys parent
  appears to be under the influence of
  alcohol/drugs and laughs about the boys
  behaviour. Other staff inform you this is often
  the case with this particular parent who is the
  boys sole carer.
• What do you do next for the girl and the boy?
• Do you report it?
• If so - who to?

43
Small Group Case Study - Primary

• Crystal is 8 years.
• She has poor school attendance
• She often looks tired when she is at school.
• She wears the same unwashed clothes all week.
• Crystal talks of her mother having multiple
  partners.
• Crystals mother has a mental health history and
  is occasionally hospitalised
• Repeated requests to Crystal's mother leads to
  only short term improvement.
• What would lead you to form a belief?
• What would you do in this situation?
• What issues does this case study raise for you?

44
Small Group Case Study - Special

• Mary is 14 years old
• She has come to school and has been telling her
  classmates she has a 25 year old boyfriend
• She has also told them he stays at her house and
  they are having sex
• Her Mum knows that they are having sex and says
  it is OK because he is a nice boy.
• What would lead you to form a belief?
• What would you do in this situation?
• What issues does this case study raise for you?

45
Small Group Case Study - Secondary

• Bree is 15 years and enrolled at the school 3
  months ago.
• Her attendance is variable.
• She told a staff member that she is unhappy
  living in the same house as her mothers
  boyfriend who is a creep.
• She also said that her mother, who works nights,
  has no idea what he is really like - he tried to
  kiss and hug her one night just before the camp.
• She would not elaborate further and burst into
  tears when the teacher tried to find out more.
• What would lead you to form a belief?
• What issues do this raise for you?
• What would you do in this situation?

46
Small Group Case Study All schools

• Tim stays in the library every day after school
• He says he is afraid to go home
• His friends tell you that Tim says he is sick of
  his Dad going off at them, especially at his Mum
• What would lead you to form a belief?
• What would you do in this situation?
• What issues does this case study raise for you?

47
Where can you find the protocol electronically?

• The DEECD Website at http//www.education.vic.gov
  .au/
• Link to the Protocol-
• http//www.education.vic.gov.au/healthwellbeing/sa
  fety/childprotection/childprotection.htm

48
DEECD Policy Procedures
Responding to Allegations of Student Sexual
Assault Procedures for Victorian Government
Schools
49
Age Appropriate Behaviours Resource

• Developed by
• South Eastern Centres Against Sexual Assault
• Royal Childrens Hospital
• Southern Health
• In Consultation with
• Student Critical Incident Advisory Unit
• Department of Human Services

50
Include local, regional, DHS Child Protection and
SSSO contact details here