Child Protection Investigation Policy and Procedures Flashcards
Child Protection Investigation Policy and Procedures
Sexual abuse
Physical abuse
Ill- treatment or Neglect
Assault on Child
Section 194(a) Crimes Act 1961
Liable to imprisonment for a term not exceeding 2 years who -
(a) Assaults any child under the age of 14 years; or
(b) Being a male, assaults any female.
Parental control
Anti-smacking Sec. 59, Crimes Act 1961
Police have discretion not to prosecute where offence is considered inconsequential and there is no public interest test.
Victims
Victims Rights Act 2002 must be met and victim contacts recorded.
- Must be informed about the progress of investigation within 21 days.
- Kept update and informed of outcomes of investigation, including no further avenues or enquiries or reasons why charges aren’t laid.
- As soon as offender has been charged, police must:
(i) determine if s29 offence
(ii) inform victim and VNR - Must be informed of outcome and case closure, property returned.
Child
Child or young person under the age of 18 at the time of their referral but does not include those who are married.
Child abuse
Children, Young Persons and their Families Act 1989:
- Physical, sexual, emotional or psychological abuse
- neglect
- presence in unsafe environments
- cybercrime exploiting children
- child trafficking
Oranga Tamariki Timeframes
Category: Critical - 24hrs
No safety or care identified, child is at risk of serious harm and requires immediate involvement to establish safety.
Category: Very urgent - 48hrs
Risk of serious harm but has some protective factors for 48hrs. high priority follow up required.
Category: Urgent - 7 days
At risk of harm or neglect. Options of safety and support have been explored but remain unmet.
Child Centred Timeframes
Timeframes that are relevant to the child’s age and cognitive development.
Neglect:
Intentional ill-treats or neglects a child, or causes or allows the child to be ill-treated leading to actually bodily harm, injury, health or mental disorder or disability. Must be serious and avoidable.
Eg:
- no food shelter clothing
- not protecting from harm or danger
- no access to medical treatment
- exposed to illicit drug manufacture process
- exposed to toxic and harmful environment.
Determining Seriousness of Physical Abuse
Non-accidental Injury - Actions of offender could result in injury.
The action (of the abuse):
- blow/kick to the head
- shaking of infant
- strangulation
- use of weapon
- attempted drowning
Injuries Inflicted (outcome or result):
- bone fracture
- burn
- concussion or loss of consciousness
- injury that requires medical attention
- bruising on a baby
Circumstances (factors in the case)
Vulnerability of the child
- age
- under 5
- disabilities
More than one offender
- both parents
- multiple family members
History of abuse
- multiple similar incidents
- escalating abuse
- previous Non-Accidental Deaths of child
High degree of violence
- cruelty, malicious attack
- loss of control
Offender’s history and background
- severe and frequent family violence
- serious criminal history
Location of incident
Nature and level of concern from notifier
Sexual Abuse
Actions accompanied by circumstances of indecency, sexual violation and exposing child to making of sexual imaging.
Three Initial Steps of CPP:
- Referral - Information sharing between the 2 agencies
- CPP consultation - discussion at the appropriate levels
- Agreement - agreeing upon Initial Joint Investigation Plan (IJIP) and initial action.
IJIP must consider the following:
- Immediate safety of the child and any other children who may be at risk
- referral to a medical practitioner
- management of initial interview
- if a joint visit is required due to risk of reoffending, loss of evidence, hostile offender, staff safety
- collection of physical evidence
- any further actions agreed between Police and OT - multi agency approach.
Questioning Children
DO NOT ask the child again what has happened if:
- Clear disclosure has been made
- Adult present can give information
- If unclear what child said and there are
- no urgent safety issues - do not question further
If absolutely required to ascertain safety - open Q. If it becomes clear offence has occurred, do not question further.
Ill-treatment or neglect of child or vulnerable adult
Section 195 Crimes Act 1961
10 Year Imprisonment
(1) Intentionally or omits act which is likely to cause injury, suffering, harm, adverse health, mental, disorder, disability, which is apart from what is expected from a reasonable person.
(2)
(a) has actual care over the victim
(b) staff member of hospital, institution, residence
(3) child is under 18
