Child Safe Environments

1
Child Safe Environments

• Sample Presentation developed by the
• Child Protection Directorate
• Families SA, April 2008

2
Legislative obligations

• In 2005, a proposal was presented to Parliament
  to amend the Children's Protection Act 1993 (SA)
• these amendments were proclaimed (enacted) in
  various stages
• On 31 December 2006, amendments came into effect
  re
• the functions of the Chief Executive, DFC (s8A)
• child safe environments (s8C)
• obtaining criminal history reports (s8B)
• reporting suspected abuse and neglect (s11)

3
Childrens Protection Act 1993 (CPA) s8A

• Amendments to Section 8A of the Act require the
  Chief Executive, DFC to
• develop codes of conduct and principles of good
  practice for working with children
• develop and issue standards when dealing with
  criminal history information
• provide guidance on appropriate standards of
  conduct for adults in dealing with children
• define appropriate standards of care for ensuring
  the safety of children
• Organisations are required to give consideration
  to this guidance when developing their own
  policies and procedures.

4
CPA s8C Child safe environments

• Children participate in many environments and
  must be cared for in all of these environments
• All children have a right to feel and be safe all
  of the time
• Organisations that provided services wholly or
  partly for children must establish appropriate
  policies and procedures
• for ensuring child safe environments are
  established and maintained
• that reflect appropriate standards of conduct and
  care as provided by the Chief Executive, DFC
• for ensuring appropriate reports of abuse or
  neglect are made under the CPA s11

5
CSE (cont) Principles of good practice

• Identify and analyse risk of harm
• Develop a clear and accessible child safe policy
• Develop codes of conduct for adults and children
• Choose suitable employees and volunteers
• Support, train, supervise and enhance performance
  
• Empower and promote the participation of children
  in decision-making and service development
• Report and respond appropriately to suspected
  abuse and neglect

6
Principle 1. Identify analyse risk of harm

• Seven stages of risk management
• Clarify objectives and areas of operation
• Where might risks occur?
• Identify risks
• How might risks happen?
• Analyse risks
• What is the likelihood and magnitude of
  consequences?
• Evaluate risks (e.g. low, medium, high)
• Which risks are acceptable based on cost-benefit
  analysis?
• Implement strategies to minimise and prevent risk
• What are the actions to be taken and who is
  responsible?
• Review and revise risks and preventative measures
• How can we detect and manage new risks?
• Communicate and consult
• How do we build commitment increase compliance?
• (Child Wise, 2004 45 AS/NZS 4360 2004)

7
Principle 2. Child Safe Policy

• the organisation must have a Child Safe
  Environments Policy.
• The policy should include
• a statement of commitment to the safety and
  wellbeing of children/young people and the
  protection of children/young people from harm
• how volunteers and employees respond to and
  report their suspicions of child abuse and
  neglect
• codes of conduct and standards of care
• recruitment and training
• standards for addressing bullying
• Example actions
• organisations to insert specific actions they
  might take to comply

8
Principle 3. Codes of Conduct

• A code of conduct is a straightforward guide of
  dos and donts to assist staff and volunteers to
  conduct their work professionally and
  effectively.
• (Child Wise 2004 62)
• the organisation must have a code of conduct
  that
• specifies standards of conduct and care when
  dealing and interacting with children.
• addresses appropriate behaviour between children
• sets out professional boundaries, ethical
  behaviour and unacceptable behaviour
• Example actions
• Consider how you address physical contact,
  confidentiality, toilet and bathing arrangements,
  favouritism and special relationships
• organisations to insert other specific actions
  they might take to comply

9
Principle 4. Choose suitable employees
volunteers

• the organisation must ensure that it engages
  the most suitable and appropriate people to work
  with children and/or their records.
• the organisation may
• undertake face-to-face interviews
• confirm educational status
• request referee reports and obtain reference
  checks
• undertake other background checks (e.g.
  psychological testing, on the job observation).
• obtain criminal history reports
• criminal history information must be dealt with
  as per s8B of the CPA.

10
CPA s8B Obtaining criminal history reports

• Only government organisations and non-government
  schools are required by legislation to obtain
  criminal history reports
• Other organisations may choose to obtain criminal
  history reports as part of their screening
  processes
• In all cases, criminal history information must
  be dealt with in accordance with DFC standards

11
Standards when dealing with criminal history
information

• Identifying prescribed functions and positions
• Developing understandable and accessible
  procedures
• Obtaining criminal history reports in a timely
  and regular manner
• Accepting other evidence
• Assessing criminal history reports
• Ensuring procedural fairness throughout
  assessment and decision making
• Ensuring good practices when dealing with
  criminal history information

12
Principle 5. Support, train, supervise enhance
performance

• The organisation provides supervision, support
  and training to ensure everyone (e.g. employees,
  volunteers, parents and children/young people)
• understand child safety is everyones
  responsibility
• feel confident and comfortable in discussing
  child protection issues
• are aware of the appropriate standards of care
  required to meets the organisations duty of
  care
• Example actions
• Nominate a Child Safety Officer
• Speak about child safe strategies and procedures
  at social activities
• Clearly state the organisations expectations
  of appropriate behaviour
• organisations to insert other specific actions
  they might take to comply

13
Principle 6. Empower and promote childrens
participation

• the organisation promotes the involvement and
  participation of children and young people in
  developing and maintaining child safe
  environments by
• seeking, incorporating and responding to feedback
  from children on its services, policies and
  procedures
• developing and communicating reporting mechanisms
  that allow children to provide comment and
  feedback
• informing children/young people of their rights
  and available complaints procedures
• Example actions
• ask young people about their ideas to address
  harassment and bullying
• organisations to insert other specific actions
  they might take to comply

14
Principle 7. Report respond appropriately to
suspected abuse neglect

• Organisational responsibility (CPA s8C)
• the organisation is responsible for ensuring
  that volunteers and employees are able to
  identify and respond to children at risk of harm.
• Individual responsibility (moral and/or legal
  obligation under CPA s11)
• anyone who suspects, on reasonable grounds, that
  a child or young person (under 18 years) is being
  abused or neglected, should report it to the
  Child Abuse Report Line on 13 14 78.
• Your identity may be protected (CPA s13)
• The Child Abuse Report Line is a state-wide
  service, available 24 hours a day
• It is the role of Families SA to assess the
  notification and determine whether departmental
  action is warranted.

15
CPA s11 Reporting Child Abuse Neglect

• Individual responsibility (legal mandate)
• In 2006, the pool of mandated notifiers was
  expanded to include employees and volunteers of
  sport and recreational organisations, ministers
  of religion, employees and volunteers of
  religious organisations
• must notify if suspicion is formed during
  work/official duties
• the penalty for failure to notify is 10 000
• Under CPA s11(5)
• a person does not necessarily exhaust his or her
  duty of care to a child by making a report under
  s11
• This means, even if you have made a report you
  may still have a role in supporting the child or
  young person

16
What is meant by child abuse neglect?

• Physical abuse
• when a person purposefully injures or threatens
  to injure a child
• Emotional abuse
• an attack on a childs self-esteem, e.g., through
  bullying, name calling, ridiculing, threatening,
  intimidating, isolating
• Sexual abuse
• any sexual act or sexual threat imposed on a
  child
• Neglect
• where a child is harmed by the failure to provide
  the basic physical and emotional necessities

17
What is a suspicion on reasonable grounds?

• When
• a child tells you they have been abused or
• you see physical or behavioural indicators of
  abuse of neglect or
• another person tells you that a child has been
  abused (this may in fact be another child)
• If you are uncertain contact the Child Abuse
  Report Line on 13 14 78
• If you are a mandated notifier and act in good
  faith, you cannot be held to have breached any
  code of ethics/conduct or incur any civil or
  criminal liability (CPA s12)

18
What do I need to provide to the Child Abuse
Report Line?

• A statement of observations, information and
  opinions, which may include
• the childs/young persons name, age, address
• The reason for believing there has been abuse or
  neglect
• e.g. description of observed injury or behaviour
• assessment of immediate danger to the child
• current whereabouts of child(ren) or young
  person(s)
• other relevant information

19
Responding to the child

• Be caring and understanding towards the child or
  young person.
• Listen to the child and support them. Dont
  dispute what is being said.
• Reassure them that you believe them, that telling
  you is the right thing to do.
• Ensure their safety. Be honest but dont make
  promises you cant keep.

20
Do I need to report it to the organisation?

• There is no legal obligation to inform your
  employer that you have made a report to the Child
  Abuse Report Line
• You do not need to seek permission to make a
  report
• It may be relevant to report to the
  organisation if
• The suspected perpetrator works/volunteers for
  the organisation
• There is an ongoing risk to the child/other
  children if the the organisation does not take
  action
• You want advice or support from your Child Safety
  Officer regarding your duty of care under CPA
  s11(5)

21
CPA s8A Monitor and report on progress

• Under Section 8A(i), the Chief Executive, DFC is
  also required
• to monitor progress towards child safe
  environments in the government and non-government
  sectors and
• to report regularly to the Minister on that
  subject
• Example actions
• Use existing mechanisms such as annual reports,
  newsletters etc
• organisations to insert other specific actions
  they might take to comply

22
Information and Contacts

• Child Safe Environments Principles of Good
  Practice
• Child Safe Environments Standards when dealing
  with information obtained about the criminal
  history of employees and volunteers who work with
  children
• www.families.sa.gov.au/childsafe
• Child Abuse Report Line 13 14 78
• South Australia Police 131 444
• Sexual Crime Investigation Branch 08 8207 5800
• Kids Helpline - 1800 551 800
  www.kidshelp.com.au
• Youth Health Line - 1300 131 719
• Parents Helpline - 1300 364 100
  www.parentingsa.gov.au
• Child and Youth Health Services - 8303 1500
  www.cyh.com