a joint protocol of the department of human services child protection, department of education and...

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

SchoolsSchools

Mandatory Reporting Mandatory Reporting Professional Learning Professional Learning

for school stafffor school staff

Protecting the safety and wellbeingProtecting the safety and wellbeingof children and young peopleof children and young people

Protecting the safety and wellbeing of children and young people.

TodayToday’’s training will include information s training will include information aboutabout…………

• Child ProtectionChild Protection– Guiding principles - Legislative and Theoretical Context

• Roles of AgenciesRoles of Agencies– Child Protection & Child FIRST, DEECD, Police and others

• ReportingReporting– Mandated - Non-mandated - Forming a belief

• Reporting/Referral arrangementsReporting/Referral arrangements– Child Protection or Child FIRST

• School responsibilitiesSchool responsibilities– Role – Reporting - Confidentiality

• Information sharingInformation sharing– Police - Child Protection & Child FIRST - Support agencies


Introductory Group ExerciseIntroductory Group Exercise - -

On Monday morning, Michael appears at school with On Monday morning, Michael appears at school with raised welts across the back of his legs.raised welts across the back of his legs.When questioned, he says that on Saturday he used When questioned, he says that on Saturday he used his father’s work computer without permission.his father’s work computer without permission.His father became angry and hit him with a belt.His father became angry and hit him with a belt.Michael says that, by the end of the weekend Michael says that, by the end of the weekend everything was ok between him and his Dad.everything was ok between him and his Dad.

What issues does this raise for you?What issues does this raise for you?

What influences your view?What influences your view?


Influences on our valuesInfluences on our values…………

• Our childhood experiencesOur childhood experiences

• Our parenting experiencesOur parenting experiences

• Our educational trainingOur educational training

• Our work place cultureOur work place culture

• The culture of our family and wider networkThe culture of our family and wider network

• Societal valuesSocietal values


The Legislative ContextThe Legislative Context

Children Youth and Families Act 2005Children Youth and Families Act 2005 (CYFA 2005) (CYFA 2005)

• Passed in 2005Passed in 2005

• Came into operation 23 April 2007Came into operation 23 April 2007

• Governs the provision of Child Protection, Family Governs the provision of Child Protection, Family Services, Out of Home Care, Youth Justice and a Services, Out of Home Care, Youth Justice and a specialist Children’s Courtspecialist Children’s Court

• Enables and guides the operation of Child FIRSTEnables and guides the operation of Child FIRST


Focus of Legislation and ReformsFocus of Legislation and Reforms

• Promotion of Children's Best InterestsPromotion of Children's Best Interests

– safety, stability and development

• The ‘Best Interests’ of the child are paramount – The ‘Best Interests’ of the child are paramount –

– these principles guide all decision making

• Earlier intervention – Earlier intervention –

– support for vulnerable families via referral to Child FIRST

• Reducing abuse and neglect – Reducing abuse and neglect –

– increased emphasis on preventing cumulative harm (S 162 CYFA (2005))

• Improved quality of careImproved quality of care

– for children and young people in out of home care and leaving care


• Under the Act, a child is defined as under the age Under the Act, a child is defined as under the age of 17 yearsof 17 years

• If a Child Protection Order is in place, the definition If a Child Protection Order is in place, the definition of a child includes those under the age of 18 yearsof a child includes those under the age of 18 years

• Reports can also be received about unborn Reports can also be received about unborn children.children.

Definition of a Child:-CYFA 2005Definition of a Child:-CYFA 2005


Legal Definition:-Legal Definition:- A Child in Need of ProtectionA Child in Need of Protection

Section 162 of the CYFA 2005:Section 162 of the CYFA 2005:

• Parents have Parents have abandonedabandoned a child and cannot be found. a child and cannot be found.

• Parents are Parents are dead or incapacitateddead or incapacitated and there is and there is no oneno one else to else to look after that child.look after that child.

• Child Child has has sufferedsuffered or or is likely to suffer significant harmis likely to suffer significant harm as a result as a result of physical injury, sexual abuse or emotional or psychological of physical injury, sexual abuse or emotional or psychological harm and harm and parents have not or are unlikely to protectparents have not or are unlikely to protect the child the child from such harm.from such harm.

• Child’s physical development or health has been harmed and Child’s physical development or health has been harmed and parents parents have not or are unlikely to provide for or allow the have not or are unlikely to provide for or allow the provision of appropriate careprovision of appropriate care..


Best Interests Case Practice ModelBest Interests Case Practice Model

• An approach to working with children and families based on An approach to working with children and families based on

sound professional judgement, reflective practice and sound professional judgement, reflective practice and

respectful partnerships with families and servicesrespectful partnerships with families and services• It aims to reflect the practice directions arising from the It aims to reflect the practice directions arising from the

Children, Youth and Families Act 2005 (CYFA)Children, Youth and Families Act 2005 (CYFA) and the and the Child Child

Wellbeing and Safety Act 2005 Wellbeing and Safety Act 2005 by promoting the best by promoting the best

interests of the child interests of the child • The development of a relationship based approach to The development of a relationship based approach to

working with families and service partners with a stronger working with families and service partners with a stronger

emphasis on caseworkemphasis on casework• The use of tools to better measure the effectiveness of our The use of tools to better measure the effectiveness of our

intervention with familiesintervention with families


Role of Child ProtectionRole of Child ProtectionChild Protection has the responsibility to: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 Children’s Court if the child’s safety

cannot be guaranteed supervise children on orders granted by the Children’s

Court..See the Protocol Section 3.1 Role of Child Protection


StatisticsStatistics--Victorian child protection activitiesVictorian child protection activities

2006/72006/7 2007/82007/8 2008/92008/9

ReportsReports 38,67538,675 41,60741,607 42,85142,851

InvestigationsInvestigations 11,30311,303 11,16711,167 11,21711,217

SubstantiationsSubstantiations 6,8286,828 6,3656,365 6,3446,344


Statistics – Victorian Child ProtectionStatistics – Victorian Child Protection

1,143,2461,143,246 0 – 16 years0 – 16 yearsEstimated population (Dec 2008)Estimated population (Dec 2008)

33,64033,640 0 – 16 Years0 – 16 YearsReported to Child Protection in 2008 – 09Reported to Child Protection in 2008 – 09

6,1296,129 0-16 years0-16 yearsSubstantiated - In need of protectionSubstantiated - In need of protection

6,1006,100 0 – 17 Years0 – 17 YearsOn Child Protection Orders: 30 June 2009On Child Protection Orders: 30 June 2009

5,2835,283 0 – 17 Years 0 – 17 Years In Out-of-home care: 30 June 2009In Out-of-home care: 30 June 2009


Protecting Children Is Everyone’s BusinessProtecting Children Is Everyone’s Business

• Society as a whole shares a responsibility for Society as a whole shares a responsibility for protecting the safety and well-being of children.protecting the safety and well-being of children.

• Any member of the community can make a report to Any member of the community can make a report to Child Protection or a referral to Child FIRST if they Child Protection or a referral to Child FIRST if they have significant concern for the well-being of a child.have significant concern for the well-being of a child.

• In addition, some members of the community (including In addition, some members of the community (including teachers) are mandated to report to Child Protectionteachers) are mandated to report to Child Protection


Mandatory ReportingMandatory Reporting

No change from previous legislationNo change from previous legislation:• Doctors, Nurses, Teachers and Police must continue tomust continue to report

to Child Protection when they form aa belief based onbelief based on reasonable groundsreasonable 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 parents have not or are unlikely to protect child from harm of this typefrom harm of this type

• Education staff also must reportmust 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 faithin 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


Why are professionals mandated to reportWhy are professionals mandated to report

• It is likely that a significant number of school students will It is likely that a significant number of school students will suffer harm from abuse or neglect during their time within suffer harm from abuse or neglect during their time within the education systemthe education system

• Physical and sexual abuse can cause long lasting effects Physical and sexual abuse can cause long lasting effects Harm is minimized when intervention takes place as Harm is minimized when intervention takes place as early as possibleearly as possible

• Physical and sexual abuse of children are criminal Physical and sexual abuse of children are criminal offencesoffences

• Teachers and other school professionals are ideally Teachers and other school professionals are ideally placed to recognise abnormal or changed behavior and placed to recognise abnormal or changed behavior and are likely to be first to identify signs of abuse.are likely to be first to identify signs of abuse.


Non-mandated school staffNon-mandated school staff

• Section 183 of the CYFA 2005 states that Section 183 of the CYFA 2005 states that any personany person who who believes on reasonable grounds that a child is in need of believes on reasonable grounds that a child is in need of protection may report their concerns to Child Protection.protection may report their concerns to Child Protection.

• This means that This means that any personany person should make a report to Child should make a report to Child Protection when they believe that a child or young person Protection when they believe that a child or young person is at risk of harm and in need of protection, and the child’s is at risk of harm and in need of protection, and the child’s parents are unable or unwilling to protect the child.parents are unable or unwilling to protect the child.

• If non-mandated staff have concerns that a student may be If non-mandated staff have concerns that a student may be at risk of harm they should at risk of harm they should inform the principal immediatelyinform the principal immediately

Refer to the Protocol Section 4.2: Protecting the safety of children and young people


Are you mandated or non-mandatedAre you mandated or non-mandated

MandatedMandated Non-MandatedNon-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 Are you aware of your responsibilities to protect children and young people from harm?children and young people from harm?


Duty of careDuty of care• School staff have a duty of care to protect and preserve the safety, 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 health and wellbeing of children and young people in their care and staff must always act in the best interestsstaff must always act in the best interests of those children and of those children and young people.young people.

• If a staff member has If a staff member has any concernsany concerns regarding the health, safety or regarding the health, safety or wellbeing of a child or young person it is important to wellbeing of a child or young person it is important to take immediate take immediate actionaction..

• The roles and responsibilities of school staff in supporting children The roles and responsibilities of school staff in supporting children and young people who are involved with Child Protection may and young people who are involved with Child Protection may include:include:– acting as a support person for students acting as a support person for students – attending Child Protection case plan meetings attending Child Protection case plan meetings – observing and monitoring students’ behaviour observing and monitoring students’ behaviour – liaising with professionalsliaising with professionals..

Refer to the Protocol Section 6.1. The role of school staff


Mandatory reporting considerations -Mandatory reporting considerations -Part 1: Forming a beliefPart 1: Forming a belief

The CYFA (2005) states:The CYFA (2005) states:• That teachers must report to Child Protection when they That teachers must report to Child Protection when they ‘…form a belief on ‘…form a belief on

reasonable grounds…’reasonable grounds…’ that a child has suffered, or is likely to suffer, that a child has suffered, or is likely to suffer, significant harm as a result of physical injury or as a result of sexual abusesignificant 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 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 considered to have formed a belief if they are more likely to accept rather to accept rather than rejectthan reject the suspicion that a child is at risk of harm from physical or the suspicion that a child is at risk of harm from physical or sexual abusesexual abuse

• Proof is not requiredProof is not required that abuse has occurred or is likely to occur. A belief is 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 sufficient. It is the role of the Child Protection to determine whether that belief should be investigatedbelief should be investigated

• If one staff member has a different view from another staff member about 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 making a report and the staff member continues to hold the belief that a child is in need of protection, that person is stillchild is in need of protection, that person is still obligedobliged to make a report to to make a report to Child Protection.Child Protection.

Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds


Mandatory reporting considerations -Mandatory reporting considerations - Part 2: Reasonable groundsPart 2: Reasonable grounds

Reasonable grounds is the mechanism used for forming the Reasonable grounds is the mechanism used for forming the belief. Examples are:belief. Examples are:

• a child tells a teacher they have been abuseda child tells a teacher they have been abused

• someone else tells a teacher (a relative, friend, neighbour or someone else tells a teacher (a relative, friend, neighbour or sibling) that a child has been abused or is at risk of abusesibling) that a child has been abused or is at risk of abuse

• a child tells a teacher that they know someone who has been a child tells a teacher that they know someone who has been abused (often a child is referring to themselves)abused (often a child is referring to themselves)

• a teacher’s own observation of a particular child’s a teacher’s own observation of a particular child’s behaviour/injuries or their knowledge of children generally behaviour/injuries or their knowledge of children generally leads them to suspect that abuse is occurringleads them to suspect that abuse is occurring

• other grounds that have led to the forming of a belief that a other grounds that have led to the forming of a belief that a child is being abused.child is being abused.

Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds


Suggestions for responding to a child/young Suggestions for responding to a child/young person who disclosesperson who discloses

Suggestions include:Suggestions include:• Listen to the childListen to the child• Control expressions of panic or shockControl expressions of panic or shock• Express your belief that the child is telling the truth.Express your belief that the child is telling the truth.• Use the child’s language or vocabulary.Use the child’s language or vocabulary.• Tell the child that this has happened to other children, and that they Tell the child that this has happened to other children, and that they

are not the only one.are not the only one.• Reassure the child that to disclose is the right thing to do.Reassure the child that to disclose is the right thing to do.• Emphasis that whatever happened was not the child’s fault, and Emphasis that whatever happened was not the child’s fault, and

that the child is not bad.that the child is not bad.• Tell the child that you know some adults do wrong things.Tell the child that you know some adults do wrong things.• Tell the child you will do your best to support and protect them.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 Indicate what you will do, - report to the Child Protection to help

stop the abuse stop the abuse • Tell the child that you are required to tell Child Protection.Tell the child that you are required to tell Child Protection.


2. Discuss why you have made that assessment2. Discuss why you have made that assessment

Group exercise – All schoolsGroup exercise – All schools

You have been provided with a sheet entitled You have been provided with a sheet entitled

Helpful or Unhelpful Statements. Helpful or Unhelpful Statements. Consider the Consider the

statements and questions as a response to a statements and questions as a response to a

disclosure of sexual assault:disclosure of sexual assault:

1.1. Assess whether each statement is Assess whether each statement is helpfulhelpful, ,

somewhat helpfulsomewhat helpful or or not at all helpfulnot at all helpful


Group exercise – Answer Sheet 1Group exercise – Answer Sheet 1Helpful or unhelpful questionsHelpful or unhelpful questions

HelpfulHelpful Somewhat Somewhat helpfulhelpful

UnhelpfulUnhelpful

What were you doing with him in the first placeWhat were you doing with him in the first place Why didn't you tell me beforeWhy didn't you tell me before People who have had that experience often feel that wayPeople who have had that experience often feel that way Do you want to talk about itDo you want to talk about it I think you should report it to the police.I think you should report it to the police. How do you feel about it nowHow do you feel about it now That must have been terrible!That must have been terrible! What do your friends thinkWhat do your friends think That would be really hard to prove in courtThat would be really hard to prove in court It sounds as though you might be afraidIt sounds as though you might be afraid

With acknowledgement and thanks to the Centres Against Sexual Assault Forum


Group exercise – Answer Sheet 2Group exercise – Answer Sheet 2Helpful or unhelpful questionsHelpful or unhelpful questions

HelpfulHelpful Somewhat Somewhat helpfulhelpful

UnhelpfulUnhelpful

You seem very distressed.You seem very distressed. That happened to a friend of mine.That happened to a friend of mine. What would you like to happen nowWhat would you like to happen now Oh yes. I know how you feel Oh yes. I know how you feel Are you worried about making trouble for othersAre you worried about making trouble for others It's often difficult to talk about these experiencesIt's often difficult to talk about these experiences Is there any point in making a fuss about this Is there any point in making a fuss about this It's difficult when someone you trust hurts youIt's difficult when someone you trust hurts you What do you need to help you feel safe nowWhat do you need to help you feel safe now Are you worried about getting someone in troubleAre you worried about getting someone in trouble

With acknowledgement and thanks to the Centres Against Sexual Assault Forum


Consultation- A good idea!Consultation- A good idea!

Schools must take immediate action in relation to concerns about possible Schools must take immediate action in relation to concerns about possible abuse and neglect including student sexual assault.abuse and neglect including student sexual assault.

This means that the school needs clear and accessible policies & procedures This means that the school needs clear and accessible policies & procedures about responding to concerns for the safety and/or wellbeing of a student 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. Staff must be able to seek appropriate advice and know who can provide it.

Consult with and seek advice from:Consult with and seek advice from:

• the school principal, or a member of the school leadership teamthe school principal, or a member of the school leadership team

• regional support staff. regional support staff.

• the Emergency and Security Management Unit - P: 9589 6266the Emergency and Security Management Unit - P: 9589 6266

• the Student Critical Incident Advisory Unit, Student Wellbeing Division P: the Student Critical Incident Advisory Unit, Student Wellbeing Division P: 9637 2934 or 9637 24879637 2934 or 9637 2487

• the local Victoria Police Sexual Offences and Child Investigation Team the local Victoria Police Sexual Offences and Child Investigation Team (SOCIT)(SOCIT)

• Department of Human Services, Child ProtectionDepartment of Human Services, Child Protection


Definitions of Abuse and NeglectDefinitions of Abuse and Neglect

Physical Abuse – Physical Abuse – any non accidental injury to a child by a parent or any non accidental injury to a child by a parent or caregiver. May take the form of bruises, cuts, welts, burns or fractures, caregiver. May take the form of bruises, cuts, welts, burns or fractures, internal injuries, shaking injuries in young infants.internal injuries, shaking injuries in young infants.

Sexual Abuse –Sexual Abuse –when an adult or someone older/bigger than the child when an adult or someone older/bigger than the child uses power or authority over the child to involve the child in sexual uses power or authority over the child to involve the child in sexual activity with or without physical force. activity with or without physical force.

Examples:- fondling of the genitals; masturbation; oral, vaginal or digital Examples:- fondling of the genitals; masturbation; oral, vaginal or digital penetration by a finger, penis or other object; exposure to pornography, penetration by a finger, penis or other object; exposure to pornography, internet grooming behaviours.internet grooming behaviours.

Emotional Abuse – Emotional Abuse – when a child is repeatedly rejected or frightened by when a child is repeatedly rejected or frightened by threats; name calling; exposure to significant or sustained family threats; name calling; exposure to significant or sustained family violence; being put down or continual coldness.violence; being put down or continual coldness.

Refer to the Protocol Appendix 2:Definitions of Child Abuse and Indicators of Harm


Definitions of Abuse and NeglectDefinitions of Abuse and Neglect –– ContinuedContinued

Neglect – Neglect – the failure to provide the child with the basic necessities the failure to provide the child with the basic necessities

of life, such as adequate food, clothing, shelter, health care and of life, such as adequate food, clothing, shelter, health care and

supervision.supervision.

Family violence: Family violence: Violence (either actual or threatened) that occurs Violence (either actual or threatened) that occurs

within a family, includes physical, verbal, emotional, psychological, within a family, includes physical, verbal, emotional, psychological,

sexual, financial and social abuse. Family violence is a criminal sexual, financial and social abuse. Family violence is a criminal

offence and can be liable to prosecution.offence and can be liable to prosecution.

Other matters Other matters that should be reported to Child Protection: that should be reported to Child Protection:

– Risk-taking behaviourRisk-taking behaviour

– Female genital mutilationFemale genital mutilation

– Child/young person exhibiting sexually abusive behavioursChild/young person exhibiting sexually abusive behaviours

Refer to the Protocol Appendix 2:Definitions of Child Abuse and Indicators of Harm


When to report to Child ProtectionWhen to report to Child Protection

A school staff member forms a view that the child or young person is in A school staff member forms a view that the child or young person is in need of protection because:need of protection because:

• The harm or risk of harm seriously impacts on the child’s immediate The harm or risk of harm seriously impacts on the child’s immediate safety, stability or developmentsafety, stability or development

• The harm or risk of harm The harm or risk of harm is persistent and entrenchedis persistent and entrenched and is likely to and is likely to have a serious impact on the child’s safety, stability or development.have a serious impact on the child’s safety, stability or development.

• The child’s parents The child’s parents cannot or will not protectcannot or will not protect the child/young person the child/young person from harm.from harm.

• The definition of child in need of protection includes: The definition of child in need of protection includes: ““harm accumulated harm accumulated through a series of continuing acts, omissions or circumstancesthrough a series of continuing acts, omissions or circumstances ””

• NBNB: A Mandatory Report should be made A Mandatory Report should be made as soon as possibleas soon as possible..

Refer to the Protocol Section 4.8: Protecting the safety of children and young people


Making a Report to Child Protection – Making a Report to Child Protection – Information to provide….Information to provide….

ChildChild FamilyFamily Alleged abuseAlleged abuse NotifierNotifier

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 @homePrevious 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.


Making a Report to Child Protection – Making a Report to Child Protection – What Happens NextWhat Happens Next

IntakeIntake – classification of Wellbeing or Protective report; – classification of Wellbeing or Protective report;

information gathering, risk assessment, advice and referral; information gathering, risk assessment, advice and referral;

referral to Child FIRSTreferral to Child FIRST

Investigation - Investigation - determination of substantiation of reported harm determination of substantiation of reported harm

Protective InterventionProtective Intervention - without court action - without court action

Application to Children’s Court – Application to Children’s Court – for orders for protection, for orders for protection,

supervision, treatment….supervision, treatment….

Protective Orders – Protective Orders – ensure appropriate supervision for a child at ensure appropriate supervision for a child at

risk of harmrisk of harm

Refer to the Protocol Section 4.8: Making a report to Child Protection and to

Appendix 1: Core Functions of Child protection


What is Child FIRSTWhat is Child FIRST

Child and Family Information, Referral and Support Child and Family Information, Referral and Support Team (Child FIRSTTeam (Child FIRST))

The entry point into Integrated Family Services across the state The entry point into Integrated Family Services across the state Undertakes initial needs and risk identification and Undertakes initial needs and risk identification and

assessmentassessment Supported by Community Based Child Protection WorkerSupported by Community Based Child Protection Worker

When would I refer to Child FIRST rather than Child When would I refer to Child FIRST rather than Child ProtectionProtection

• Where there is significant concern for a child’s wellbeingWhere there is significant concern for a child’s wellbeing• When concerns have low to moderate impact on the childWhen concerns have low to moderate impact on the child• The childThe child’’s immediate safety is not compromised.s immediate safety is not compromised.

Provide the

same information

as for

a

Mandatory

Report


Information SharingInformation Sharing – – Child Protection or Child FIRSTChild Protection or Child FIRST

The CYFA (2005) classifies some individuals and groups of The CYFA (2005) classifies some individuals and groups of

professionals as “information holders”. This includes teachers, professionals as “information holders”. This includes teachers,

principals and people granted permission to teach by the Victorian principals and people granted permission to teach by the Victorian

Institute of Teaching.Institute of Teaching.

Child ProtectionChild Protection

• Child Protection may authorise any professional to provide relevant Child Protection may authorise any professional to provide relevant

information regarding a Child Protection investigation.information regarding a Child Protection investigation.

Child FIRSTChild FIRST

• Child FIRST and Family Services can consult with information holders Child FIRST and Family Services can consult with information holders

to complete a risk assessment, without prior family consent.to complete a risk assessment, without prior family consent.

• After the risk assessment, information sharing with Child FIRST or After the risk assessment, information sharing with Child FIRST or

Family Services needs family consent, and if old enough, the child’s Family Services needs family consent, and if old enough, the child’s

consent.consent.


Information Sharing – Information Sharing – Protection for school staffProtection for school staff

School staff are protected provided you share information under School staff are protected provided you share information under ‘authorised circumstances’ and ‘in good faith’‘authorised circumstances’ and ‘in good faith’ (CYFA (2005) ) (CYFA (2005) )

• Your identity must be kept confidential unless you consent to it being Your identity must be kept confidential unless you consent to it being disclosed.disclosed.

• You are not subject to any legal liability in respect of the giving of You are not subject to any legal liability in respect of the giving of information - you cannot be successfully sued.information - you cannot be successfully sued.

• Authorised disclosure cannot constitute unprofessional conduct or a Authorised disclosure cannot constitute unprofessional conduct or a breach of professional ethics. breach of professional ethics.

• Authorised disclosure does not contravene:Authorised disclosure does not contravene:– Health Services Act 1988, Section 141Health Services Act 1988, Section 141– Mental Health Act 1986, section 120AMental Health Act 1986, section 120A– CYFA 2005, Section 212 CYFA 2005, Section 212 – Information Privacy Act 2000.Information Privacy Act 2000.

NB: Details of a mandatory report should remain confidentialNB: Details of a mandatory report should remain confidential ..

Refer to the Protocol Section 7.4 Protection when sharing information


Information Sharing – Information Sharing – School School StaffStaff

The deciding principle is ‘need to know’.The deciding principle is ‘need to know’.Only disclose information about a mandatory report with those who:Only disclose information about a mandatory report with those who:• have direct responsibility for the student’s safety and wellbeing. e.g. have direct responsibility for the student’s safety and wellbeing. e.g.

principal class, school welfare staff principal class, school welfare staff • are involved in providing advice & support: region wellbeing, RNL, SCIAU are involved in providing advice & support: region wellbeing, RNL, SCIAU • have the capacity to protect the student from harm. e.g. Child Protection, have the capacity to protect the student from harm. e.g. Child Protection,

PolicePoliceStaff who work directly with a student such as class room teachers ‘need to 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 know’ enough information to ensure the safety and wellbeing of the student. student.

For example: For example: • staff should be made aware the child is in a difficult situationstaff should be made aware the child is in a difficult situation• informed that the child should be monitored and may need support informed that the child should be monitored and may need support • provided with information about what to do if the child seems stressedprovided with information about what to do if the child seems stressedNo specific details to be provided to those without a ‘need to know’ including:No specific details to be provided to those without a ‘need to know’ including:• the substance and details of the concern or reportthe substance and details of the concern or report• who is allegedly involvedwho is allegedly involved.


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

• Child Protection and Victoria Police have statutory responsibilities Child Protection and Victoria Police have statutory responsibilities

under the CYFA (2005) relating to the protection of children.under the CYFA (2005) relating to the protection of children.

• Child Protection is the lead agency responsible for the care and Child Protection is the lead agency responsible for the care and

protection of children - police for criminal investigations into alleged protection of children - police for criminal investigations into alleged

child abusechild abuse

• Protocols require that each agency notify the other of suspected Protocols require that each agency notify the other of suspected

child abuse.child abuse.

• SOCIT consists of experienced and qualified police members SOCIT consists of experienced and qualified police members

specially trained in responding to & investigating sexual assault.specially trained in responding to & investigating sexual assault.

• SOCIT can be contacted for advice by regions or schools.SOCIT can be contacted for advice by regions or schools.


Scenarios and case studiesScenarios and case studies

Following are a number of different exercises to provide Following are a number of different exercises to provide practical examples of the application of the protocol practical examples of the application of the protocol and to facilitate discussion of issues.and to facilitate discussion of issues.

There are examples for different types of school There are examples for different types of school settings and around different issues.settings and around different issues.

Choose the one most applicable to your situation.Choose the one most applicable to your situation.


Small Group Case Study – Secondary P1Small Group Case Study – Secondary P1

Monday morning, a year 10 female student, Jessie 15yrs., Monday morning, a year 10 female student, Jessie 15yrs., tells you she was sexually assaulted last night.tells you she was sexually assaulted last night.

What do you do?What do you do?

She then tells you it was her older brother and this is not She then tells you it was her older brother and this is not the first time.the first time.

What do you do next?What do you do next?


Small Group Case Study – Secondary P2Small Group Case Study – Secondary P2

She tells you that she does not want her family to know, 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 she will not talk to police and she wants you to arrange a pregnancy test.pregnancy test.

What do you tell her?What do you tell her?

What would lead you to form a belief?What would lead you to form a belief?

Do you report her allegation?Do you report her allegation?

If so – who to?If so – who to?


Small Group Case Study - Primary P1Small Group Case Study - Primary P1

A Grade 2 girl comes to your office and tells you that a Grade 3 boy A Grade 2 girl comes to your office and tells you that a Grade 3 boy has been touching her in her private parts.has been touching her in her private parts.

Is this enough information to form a belief?Is this enough information to form a belief?

Who would you consult?Who would you consult?

You talk to the principal who is aware that the Grade 3 boy has You talk to the principal who is aware that the Grade 3 boy has engaged in this behaviour previously and is very concerned.engaged in this behaviour previously and is very concerned.

What do you do next?What do you do next?


Small Group Case Study - Small Group Case Study - Primary P2Primary P2

The principal and the teacher meet with the parent – they are The principal and the teacher meet with the parent – they are concerned that the boy’s parent appears to be under the concerned that the boy’s parent appears to be under the influence of alcohol/drugs – and laughs about the boy’s influence of alcohol/drugs – and laughs about the boy’s behaviour. Other staff inform you this is often the case with behaviour. Other staff inform you this is often the case with this particular parent who is the boy’s sole carer.this particular parent who is the boy’s sole carer.

What do you do next for the girl and the boy?What do you do next for the girl and the boy?

Do you report it?Do you report it?

If so - who to?If so - who to?


Small Group Case Study - PrimarySmall Group Case Study - Primary

Crystal is 8 years.Crystal is 8 years.She has poor school attendance She has poor school attendance She often looks tired when she is at school. She often looks tired when she is at school. She wears the same unwashed clothes all week. She wears the same unwashed clothes all week. Crystal talks of her mother having multiple partners.Crystal talks of her mother having multiple partners.Crystal’s mother has a mental health history and is Crystal’s mother has a mental health history and is occasionally hospitalisedoccasionally hospitalisedRepeated requests to Crystal's mother leads to only short Repeated requests to Crystal's mother leads to only short term improvement. term improvement.


What would you do in this situation?What would you do in this situation?

What issues does this case study raise for you?What issues does this case study raise for you?


Small Group Case Study - SpecialSmall Group Case Study - Special

Mary is 14 years oldMary is 14 years oldShe has come to school and has been telling her classmates she She has come to school and has been telling her classmates she has a 25 year old boyfriendhas a 25 year old boyfriendShe has also told them he stays at her house and they are She has also told them he stays at her house and they are having sexhaving sexHer Mum knows that they are having sex and says it is OK Her Mum knows that they are having sex and says it is OK because he is a nice boy.because he is a nice boy.


What would you do in this What would you do in this situation?situation?



Small Group Case Study - SecondarySmall Group Case Study - Secondary

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

What issues do this raise for you?What issues do this raise for you?



Small Group Case Study – All schoolsSmall Group Case Study – All schools

Tim stays in the library every day after schoolTim stays in the library every day after school

He says he is afraid to go homeHe says he is afraid to go home

His friends tell you that Tim says he is sick of his Dad going His friends tell you that Tim says he is sick of his Dad going off at them, especially at his Mumoff at them, especially at his Mum





Where can you find the protocol electronically?Where can you find the protocol electronically?

The DEECD Website at: The DEECD Website at: http://www.education.vic.gov.au/

Link to the Protocol:-Link to the Protocol:-

http://www.education.vic.gov.au/healthwellbeing/safety/childprotection/childprotection.htm


Responding to Responding to Allegations of Allegations of

Student Sexual Student Sexual Assault Assault ––

Procedures for Procedures for Victorian Victorian

Government Government SchoolsSchools

DEECD Policy & ProceduresDEECD Policy & Procedures


Age Appropriate Behaviours Age Appropriate Behaviours ResourceResource

Developed by:Developed by:

South Eastern Centres Against South Eastern Centres Against Sexual Assault Sexual Assault

Royal Children’s Hospital Royal Children’s Hospital

Southern HealthSouthern Health

In Consultation with:In Consultation with:

Student Critical Incident Advisory Student Critical Incident Advisory Unit Unit

Department of Human ServicesDepartment of Human Services


Include local, regional, DHS Child Include local, regional, DHS Child Protection and SSSO Protection and SSSO

contact details herecontact details here

a joint protocol of the department of human services child protection, department of education and...

Documents