CYFS & CPP & Procedures Flashcards
What is the definition of a child
Child
‘child’ means any child or young person under the age of 17 years at the time of the report, as defined in the Children, Young Persons, and Their Families Act 1989.
What is the definition of Serious child abuse
Serious child abuse
Serious child abuse includes but is not limited to:
- sexual abuse
- serious physical abuse
- serious wilful neglect
- serious family violence where the child is a witness
- all allegations against CYF approved caregivers
- all allegations against employees of CYF and NZ Police
What is to be considered when determining seriousness of physical abuse
Determining seriousness of physical abuse
There are three areas to consider
- The action of the abuse
- the injury inflicted, and
- the circumstances (factors of the case).
1. Actions
Any single one of these actions will meet the threshold for serious physical abuse:
* blow or kick to head
* shaking of an infant
* strangulation
* use of an object as a weapon (e.g. broom, belt, bat etc)
* attempted drowning.
2. Injuries
Any single one of these injuries will meet the threshold for serious physical abuse:
* death
* a bone fracture
* burn
* concussion or loss of consciousness
* any injury that requires medical attention (e.g. a wound that needs stitches etc)
* any bruising or abrasion when the: -child is very young, e.g. infant not yet mobile and/or, -the position and patterning make it unlikely to be caused by play or another child or accident.
3. Circumstances or factors of the case
Any other action and/or injury in combination with the following factors or circumstances should be considered for referral as serious physical abuse.
What is the process for gathering information about the alleged abuse.
Initial actions and safety assessment -l
Step 1 - Obtain brief details of what the reported concern is about. This should include:
- details of the informant, complainant and the child
- brief circumstances
- brief details of timings and about the scene
- offender’s details.
Do not question the child in depth at this stage.
- If the child has disclosed sexual or physical assaults to an adult, take this person’s details and use what they say to form the basis of information for the notification. DO NOT ask the child again what has happened to them if a clear disclosure has already been made and an adult present can give you the information.
- If it is unclear what the child has said and there are no urgent safety issues, DO NOT question the child any further. Take details from the informant and forward necessary correspondence for enquiries to be made
- it is absolutely necessary to speak to the child to ascertain their safety, ask open ended questions. DO NOT continue to question the child if it becomes clear while speaking to them that an offence has occurred.
What to code a file?
Initial actions and safety assessment -
Step 4 Record details of the case in NIA.
Regardless of any other offence/response code used, Code 6C must be entered in NIA to indicate that the attendance related to a report of concern about a child. Complete a POL 1310 when child abuse occurs within the family environment.
What needs to be discussed between Police and CYFS before a JIP is created.
Consultation and initial joint investigation planning with CYF -
Confirm whether
- the case is one of serious child abuse and
- agree on any immediate actions that need to be taken
Share connected information or intelligence relating to the case with the CYF CPP contact person before any plan is agreed unless urgent action is required for the child’s safety.
What are the timimngs for establishing an IJIP
Consultation and initial joint investigation planning with CYF -
If confirmed CPP case an initial joint investigation plan (IJIP) must be completed by CYF and provided to Police as soon as possible.
agreement to a joint investigation must be completed: - immediately in critical or very urgent cases i.e. ASAP and within 24 hours
- within two full working days for urgent cases.
In all cases, necessary steps must be put in place immediately to secure the child’s safety
What to agree, what to consider when establishing a Joint investigation plan?
What to agree?
- who is involved in the case?
- What they will do?
- When they will do it?
What to consider?
- the childs safety and wellbeing
- any joint visits required
- the management of the child victim’s initial interview including consideration of any ethnicity needs
- the need for a specialist child witness interview, interviews of alleged offender and others
- collection of evidence
- referral to amedical practitioner
Explain the powers of Removal - Without a Warrant
s42 CYPF Act 1998
This is a Police power and can only be invoked when police believe on reasonable grounds it is critically necessary to remove that child to prevent injury or death.
When exercising the power you must:
• produce evidence of identity, and
• disclose that those powers are being exercised under section (s42(2)) and
• a written report must be made to Commissioner of Police within 3 days of power being exercised (s42(3)). Complete notification “Child/Young Person Arrest/removal” in Microsoft Outlook to comply with this requirement.
Explain Powers of removal - With a place of safety warrant
s39 CYPF Act 1998
CYF staff normally obtain place of safety warrants, although police may assist with executing the warrant. (While police may apply for such a warrant it would be highly unusual to do so).
On entry, police (or social worker) may remove the child if they still believe on reasonable grounds that the child has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm.
Explain Powers of removal - With a warrant to remove
s40 CYPF Act 1998
When the court is satisfied a child is in need of care and protection, it may issue a warrant for the child’s removal from any place and for them to be put in CYF care. These warrants are sought by CYF when there are ongoing care and protection concerns.
When Do you remove a child under a place of safety warrant
Remove a child when:
• it is not safe to leave them there or you believe, on reasonable grounds that if left, they will suffer, or are likely to suffer, ill treatment, neglect, deprivation, abuse or harm, and
• there is no other practical means of ensuring their safety.
Define Section 40 Child Youth and Families Act 1998
40 Warrant to remove child or young person
(1) any District Court Judge or, issuing officer may, on application in writing, where there are reasonable grounds for believing that the child or young person is—
(a) Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
(b) So seriously disturbed as to be likely—
(i) To act in a manner harmful to the child or young person or any other person; or
(ii) To cause serious damage to property, — issue a warrant authorising any [constable] or a Social Worker, either by name or generally, to search for the child or young person.
(2) An application for a warrant under subsection (1) of this section may be made by a [constable] or a Social Worker.
(3) The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.
s42 Search without warrant
42 Search without warrant
(1) Any [constable] who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a) Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the[chief executive].
(2) Every [constable] who exercises any powers conferred by subsection (1) of this section shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—
(a) Produce evidence of identity; and
(b) Disclose that those powers are being exercised under this section
(3) A [constable] who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.
s214 Arrest of child or young person without warrant
214 Arrest of child or young person without warrant
(1) Subject to [section 214A and] sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds,—
(a) That it is necessary to arrest that child or young person without warrant for the purpose of—
(i) Ensuring the appearance of the child or young person before the Court; or
(ii) Preventing that child or young person from committing further offences; or
(iii) Preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and
(b) Where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.
(2) Nothing in subsection (1) of this section prevents a [constable] from arresting a child or young person without warrant on a charge of any offence where—
(a) The [constable] has reasonable cause to suspect that the child or young person has committed a [category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years]; and
(b) The [constable] believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.
(3) Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a writtenreport—
(a) Where that enforcement officer is a [constable], to the Commissioner of Police:
(b) Where that enforcement officer is a traffic officer who is a [[Police employee who is not a constable]], to the Commissioner of Police:](c) Where that enforcement officer is an officer or employee of the Public Service, to the chief executive of the Department of which that person is an officer or employee:(d) Where that enforcement officer is an officer of a local authority, to the [chief executive] of that local authority.
(4) Every report furnished pursuant to subsection (3) of this section in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant.
