Implementation of Children First

1

• Implementation of Children First
• Applicable to all Disability Services

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Objectives

• To provide a brief update on
• Draft Heads of Children First Bill 2012
• National Vetting Bureau (Children and Vulernable
  Persons) Act 2012
• Criminal Justice (Withholding of Information on
  Offences Against Children and Vulnerable Persons)
  Act 2012
• National Disability Steering Group on
  Implementation of Children First

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Summary Heads of Children First Bill 2012

• The Children First Heads of Bill is currently
  ongoing significant review at this time
• Until this is complete, organisations providing
  disability services and supports are advised to
  adhere to
• Children First National Guidance on the
  Protection and Welfare of Children 2011

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SummaryNational Vetting Bureau (Children and
Vulnerable Persons) Act 2012

• Provides Statutory basis
• for use of Garda criminal records in vetting of
  persons applying for employment working with
  children or vulnerable persons
• for use of soft information (other than
  criminal information) where it leads to a
  bona-fide belief that a person poses a threat to
  children or vulnerable persons

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SummaryNational Vetting Bureau (Children and
Vulnerable Persons) Act 2012

• Mandatory
• for persons working with regular access to
  children and vulnerable persons to be vetted
• Criminal
• for organisations to fail to carry out necessary
  vetting of their employees and volunteers
• National Vetting Bureau required to maintain a
  database to include
• Register of relevant organisations
• Register of specified (soft) information
• Register of vetted persons

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SummaryCriminal Justice (Withholding of
Information on Offences against Children
Vulnerable Persons) Act 2012

• In Irish Law, it is an offence to withhold
  information regarding serious offences committed
  against a child or vulnerable person
• Serious offences those which carry a penalty of
  5 years , including most sexual offences
  offenses causing harm, abduction, manslaughter or
  murder
• Child under 18 years of age
• Vulnerable person one who
• is suffering from a disorder of the mind, as a
  result of mental illness or dementia or
• has an intellectual disability or an enduring
  physical impairment or injury, which severely
  restricts the capacity of the person to guard
  himself or herself against serious exploitation
  or abuse, whether physical or sexual, by another
  person,

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Summary Criminal Justice (Withholding of
Information on Offences against Children
Vulnerable Persons) Act 2012

• The Offence arises
• where a persons knows or believes that a serious
  offence has been committed against a child or
  vulnerable person
• Where his/her information would be of material
  assistance in securing apprehension, prosecution
  or conviction of another person for that offence
• Where he/she fails without reasonable excuse to
  disclose this information asap to Garda

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Summary Criminal Justice (Withholding of
Information on Offences against Children
Vulnerable Persons) Act 2012

• Defences against charge of withholding
  information
• where a child or vulnerable person makes it known
  that they do not want the offence reported to the
  Garda Siochana
• BUT
• Person receiving/holding information must have
  reasonable grounds for this view act in best
  interest of child/vulnerable person
• Rebuttable presumption on lack of capacity of
  vulnerable person /child under 14 to make this
  decision
• A child or vulnerable person who is a victim of a
  serious offence is not liable for an offence
  under the Act

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Implementation of Children First

• National Disability Steering Group
• Ann Bourke, Chair, National Disability Unit, HSE
• Bernie Nyhan, HSE DML
• Clodagh O Brien, NfPBA
• Fearghal Grey, HSE West
• Jillian Sexton, NFVB
• Fiona Duignan, Inclusion Ireland
• Laura Keane, NfPBA
• Penny O Connell, HSE DNE
• Toni Gleeson, DFI
• Carol Moore, HSE South
• Support
• Boyd Dodds Children First Lead, Children
  Family Support Agency (CFSA)

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Implementation of Children First Terms of
Reference for Steering Group

1. Develop recommend a standardised framework for
   a Child Protection and Welfare Policy, Procedures
   Practices, specific to Disability Services and
   consistent with Children First 2011 for adoption
   by all Disability Services
2. Develop implement a Communication Strategy
   Plan to support Children First implementation
   across Disability Services
3. Develop recommend a standardised Children First
   Training Strategy for adoption by all Disability
   Service Providers
4. Develop recommend a standardised QA template
   monitoring system for effective implementation of
   Children First for adoption by Disability
   Services
5. Monitor national Children First statistical
   returns for trends, issues and obstacles to
   implementation of Children First and advise the
   National Disability Governance Group

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Implementation of Children First Context

• Factors impacting on National Disability Steering
  Group recommendations
• Children Family Services (CFS) has begun
  development of Safeguarding within the
  Organisation. This may require revision of
  Children First in Disability Services A Guide
  to Policy Formation and Implementation
• CFS disaggregating from HSE into separate
  Children Family Support Agency as yet, its
  ongoing support role in training is undefined
• CFS is reviewing their Children First training
  for Vol Orgs HSE. On completion, HSE CFS
  Minimum Training Requirements (see slide 14) will
  change accordingly.
• National Disability Steering Group
  recommendations for implementation of Children
  First will be regularly reviewed in line with
  above and communicated out to the system via
  Steering Group members and dedicated site on
  HSEland

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1. Child Protection Welfare Policy,
Procedures, PracticesSteering Group Work
completed

• 1. Children First in Disability Services A
  Guide to Policy Formation and Implementation
  which includes
• Workbook to assist orgs to develop or review
  their existing Child Protection and Welfare
  Policy against
• Child Protection Policy Compliance Checklist
• 2013 Key Performance Indicators for HSE and Vol
  Org services - biannual reporting
• 2. Policy Statement of Intent for HSE w/s
  recommended for adoption by Umbrella Group member
  orgs.

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22. Communication Strategy Plan Steering
Group Work completed

• Dedicated site on HSEland in progress to
  include
• Children First in Disability Services A Guide
  to Policy Formation and Implementation
• Relevant legislation update and their
  implications presentation
• Current Minimum Training requirements for
  Children First Compliance as of 18.4.13 as per
  CFSA.
• Presentations at Umbrella Group Fora /HSE
  Disability Services
• Update Children First 2011, relevant Heads of
  Bills and implications for Service Provider to
  DFI, NFVB and NFP fora
• Dissemination of recommendations via members of
  the National Children First Steering Group and
  National Disability Governance Group
• Article Health Matters Spring 2013 Umbrella
  Groups newsletters

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3. Training StrategyTraining Issues Identified

• Unknown number staff/volunteers requiring
  training
• Difficulty releasing staff for training due to
  lack of cover
• Only 10 registered Keeping Safe Train the
  Trainers in Disability Sector
• Children and Family Services will continue to
  provide existing level of training for HSE staff
  for 2013/14 but training provided for Vol Orgs
  now extremely limited.
• Whilst CFSAs revised training programme is
  welcomed, there is concern about topics which
  will no longer be contained within the new 3 hour
  foundation course

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3. Training StrategyMinimum Training
Requirements per Children Family Support Agency

• All staff who may have contact with children
  through their work are required to receive basic
  Children First Training.
• This includes adult service staff as children may
  visit adult services and staff may observe
  children at risk on home visits
• Currently, for voluntary organisations, that
  training is Keeping Safe programme or
  equivalent and for HSE, it is the HSE Children
  First programme
• Training recommendations per HSE Children and
  Family Services (CFS) will be revised in 2013 and
  Train the Trainers Programme rolled out by CFS
  for HSE/Vol Orgs accordingly

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3. Training StrategyMinimum Training
Requirements per Children Family Support Agency

• Training Prioritisation
• 1st CEO and Designated Liaison Persons
• 2nd Staff working in childrens services
• 3rd Staff working in adult services
• Service Arrangement 2013 Requirement
• CEO and DLP must attend Keeping Safe training or
  equivalent by end of Q4 2013

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4. Develop standardised Quality Assurance (QA)
System Steering Group Work completed

• Developed and implemented
• Children First Monitoring Compliance Template for
  inclusion in Service Arrangement 2013
• Biannual reporting on Key Performance Indicators
  applicable for both voluntary organisations and
  HSE to HSE Corporate Planning Corporate
  Performance, commencing Q2 2013

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Children First in Disability Services Key
Performance Indicators 2013

• QI
• Information circulated internally on Children
  First relevant legislation updates
• Organisation's Policies / procedures updated in
  line with Children First in Disability Services
  a Guide to Policy Formation and Implementation
  
• Organisation reviewed Child Protection Policy
  Compliance Checklist (Appendix 3 in the Children
  First in Disability Services a Guide to Policy
  Formation and Implementation and identified
  actions with timelines where required

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Children First in Disability Services Key
Performance Indicators 2013

• Q2
• The org. has established no. of staff/volunteers
  who may have contact with children in their work
• who have not received Children First or
• who have not received refresher training since
  July 2010
• Agreed phased training plan with timelines in
  place
• The CEO and Designated Liaison Persons have
  completed the 2 day Keeping Safe Training
  Programme or equivalent (valid until HSE Children
  and Family Services revised recommendations due
  mid 2013)
• The org. has established a system to centrally
  log, confidentially / appropriately manage and
  collate raised child protection issues and
  queries within their disability services which is
  reviewed regularly

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Children First in Disability Services Key
Performance Indicators 2013

• Q3
• The org. has developed/agreed outstanding
  policies which need to be put in place and
  timelines for same
• The org. has agreed a Project Plan for the
  implementation of the requirements of Children
  First outlining the implementation of agreed
  actions / timeframes / responsibilities

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Children First in Disability Services Key
Performance Indicators 2013

• Q4
• The organisation has reviewed its Children First
  Project Plan, monitoring compliance and progress
  on actions agreed, including implementation of
  training
• The organisation has submitted an update on all
  above KPIs to HSE.

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CFI Steering Group Accountability

• The National Disability Steering Group for
  Children First Implementation will monitor
  overall trends, issues, obstacles and risks in
  Children First Implementation report into the
  National Disability Governance Group
• Accountability for Service compliance with
  Children First remains with Local Disability
  Governance Groups/HSE Area Manager