Government response to the Child Death and Serious Injury Committee recommendations

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1 Government response to the Child Death and Serious Injury Committee recommendations July

2 Contents Background... 3 The role of the Child Death and Serious Injury Review Committee (CDSIRC)... 3 CDSIRC s involvement in this case... 3 Summary... 4 Recommendations summary... 5 Recommendations response Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendation Recommendations Recommendation Recommendation Recommendation Recommendation

3 Background These recommendations were made by the South Australian Child Death and Serious Injury Review Committee in October 2012, after a case in June 2008 where several children experienced chronic neglect and physical abuse in a Northern suburbs household. This case shocked community members and highlighted the need for further examination of the circumstances of this case and what changes were required amongst government agencies to prevent such a case from ever occurring again. The then Minister for Families and Communities requested the Child Death and Serious Injury Review Committee (CDSIRC) to review the case, which resulted in CDSIRC providing the Government with 32 recommendations. This document details the SA Government s responses to these recommendations to date. In May 2013 there was previous response report (South Australian Government response to recommendations regarding the case of six children with serious injuries referred by former Minister for Families and Communities under Section 52N(2) of the Children s Protection Act This is the formal progress report on this matter, which was agreed to be delivered on 1 July The role of the Child Death and Serious Injury Review Committee (CDSIRC) In February 2006, the CDSIRC was established through the Children s Protection Act, The CDSIRC reviews the circumstances and causes of death and serious injuries to children and makes recommendations to the Government that may suggest changes to systems, policies, procedures, practices or legislation that may help prevent similar deaths or serious injuries from occurring again. CDSIRC s legislation also obliges it to monitor the implementation of its recommendations. CDSIRC s involvement in this case On 22 June 2008, 21 children and six adults living in one household came to the attention of government agencies including the South Australia Police (SAPOL), the former Department for Families and Communities (DFC) and SA Health. The SAPOL investigation found five adults guilty of criminal abuse and neglect. The then Minister for Families and Communities, the Hon Jay Weatherill MP, directed the CDSIRC to undertake a review into the circumstances of six of the above-mentioned children who suffered chronic neglect and physical abuse. There were broad parameters for the scope of the review, including that CDSIRC examines the contacts between the 3

4 family and government and non-government agencies, and the communication between agencies. The CDSIRC made 32 recommendations, in eight key areas: Good practice standards regarding children s cultural background The involvement of Housing SA The involvement of the Department for Education and Child Development (DECD) The involvement of Families SA The involvement of the health system The three-week hospital period and discharge Planning for the children s care and accommodation after discharge Service agreements. The recommendations deal with: employment and training of staff service delivery for large and complex families service coordination and information sharing between agencies reporting, recording and responding to child welfare concerns capacity and planning for emergency situations planning for long-term support during the initial emergency phase. All recommendations were supported in full or in principle by the Government. Summary In addition to the detailed responses to recommendations on the following pages, it is also important to note the work being done by all agencies in relation to the standards of care applied to Aboriginal children and ensuring culturally appropriate agencies, which ensure that the consideration of risk and safety issues for Aboriginal children is no different to that given to non-aboriginal children. Recommendations have also progressed on track in relation to education matters, including policies and interagency commitment to enrolment matters, school nonattendance and the transfer of students between states. Work has also begun between agencies, such as in developing interim strategies and memoranda of understanding to guide work by overlapping agencies (eg, between Families SA and Housing SA), as specifically recommended by CDSIRC. The recommendations require ongoing implementation and continuous monitoring to improve the structures and processes designed to keep South Australia s children and young people safe in our community. 4

5 Recommendations summary 1. All agencies apply the same standard of care for Aboriginal children as for non-aboriginal children. 2. Intervention occurs in culturally appropriate ways that ensure that the consideration of risk and safety issues for Aboriginal children is no different to that given to non-aboriginal children. 3. All agencies build workforce capacity to provide culturally responsive services. 4. All agencies have effective employment strategies in place to support the employment, supervision and professional development of Aboriginal workers. 5. Housing SA provides large families with appropriate housing with adequate amenities such as toilets and bathrooms to avoid overcrowding, squalor and the risk of neglect. 6. All Housing SA staff receive child-safe environment training. This training should reflect best-practice standards including the risk factors associated with neglect and contain some face-to-face component. 7. Housing SA staff responsible for conducting home visits receive additional training and support about indicators of poor living conditions, neglect and domestic violence, and the role of Housing SA in child protection. 8. When Housing SA receives complaints about poor living conditions, Housing SA staff actively investigate whether children are living in these houses and initiate appropriate child protection responses. 9. Housing SA staff are included in local information-sharing forums or networks where integrated inter-agency responses are planned. 10. DECD works with the Australian Government to develop mandatory transfer protocols for schools and to ensure that appropriate information is shared between states about children, particularly those at risk. 11. DECD strengthens the reporting process from schools about children who fail to attend school once enrolled. 12. DECD strengthens the whereabouts unknown process for children who have not attended school for 20 consecutive school days. 13. Families SA reviews the priority and resources assigned to notifications of neglect, in light of the research about the seriousness of the impact of neglect on children and the frequent co-existence of physical abuse. 14. Where there is notification of neglect Families SA, in line with child-centred practice, as a starting point sight children to confirm their wellbeing. 15. Families SA uses its existing legislative powers to involve SAPOL, if necessary, to ensure that children are sighted. 5

6 16. Where persistent school non-attendance is evident, Families SA ascertains who the children are, where they are living and where they are attending, or should be attending, school. 17. Families SA develops information-sharing processes between states, for families at risk, through the National framework for the protection of children, to ensure that agencies share information about the wellbeing of children at risk of harm. 18. Families SA articulates its case management approach with children in care and consider the development of more robust policies and procedures, to guide its frontline staff about child-focused case management. This approach should emphasise the importance of recording decisions made. This approach should include appropriate practice support. 19. General practitioners (GPs) be reminded through their medical risk insurers, the Australian Health Practitioners Registration Authority and the Royal Australian College of General Practitioners of their mandated responsibilities under the Children s Protection Act All health staff in hospitals and community health services complete child-safe environment training. This training should reflect best-practice standards including the risk factors associated with neglect and should contain some faceto-face component. 21. The Minister for Education and Child Development leads the development of an overarching emergency response plan in consultation with all other relevant agencies. This plan should ensure that each agency is capable of providing an immediate response to cases which involve a large number of children with urgent and intensive child protection, forensic, health, housing, education, therapeutic and care needs. 22. The emergency response plan should place each child s needs as the first priority and incorporate an awareness of the needs to minimise any further damage to each child by the competing demands of various systems. 23. It is recommended that any emergency response plan should include at least the following features: Nomination of a lead agency to manage the implementation for the emergency response Nomination of senior officers within each relevant agency who will be responsible for that agency s actions under the plan The emergency response plan needs to be adequately resourced and have an ability to call in or divert qualified and experienced workers from each agency to provide high quality and experienced assessment and services to each child 6

7 Draft service agreements in readiness to be used where external services must be engaged. 24. The emergency response plan should ensure that, during the initial phase, at least the following tasks are attended to: Identification and establishment of protocols for the day-to-day logistical arrangements for each child Medium-term strategies for each child in relation to all of their needs including placement, health, education and therapeutic needs Examination of the progress of, and outcomes for, each child at set periods, through monitoring and review Ensuring that the best interest of each child is a central consideration in any decision making about contact with parents while an investigative process is underway. The complex relationships of the children with each other should also be considered Assessing and responding to each child s therapeutic needs in a way that is responsive to that child Establishing the group of service-providing agencies that will plan for longer-term strategies for each child and monitoring the readiness of those strategies for implementation Setting an end date for the emergency phase and ensuring that, by the end date, longer-term strategies for each child are developed and resourced so that the children may move into longer-term placement, therapy, health and education arrangements As with disaster-planning responses, there should be a comprehensive debriefing and evaluation so that lessons can be applied in future situations In cases where there is a high level of media interest, development of a communication strategy that focuses on the vital task of protecting the privacy of children. 25. Concurrent with the emergency response, a group made up of representatives from service-providing agencies be established to develop longer-term strategies for each child including their placement, health, education and therapeutic needs. 26. This group should: be led by the agency assuming case management for each child examine each child s progress and outcomes at set periods keep a record of its decisions and actions in relation to each child provide therapeutic oversight of accommodation and care options by making recommendations about therapeutic interventions and behavioural strategies and monitor progress in these areas. 7

8 27. The agency assuming case management should attend to the following tasks for each child: Develop individual case plans for each child within a timeframe that prevents further harm to the child Appoint sufficient case managers to ensure that each child s needs are known and accommodated Ensure that the therapeutic needs of each child are attended to, with therapy services tailored to the needs of each child, and delivered within a timeframe that prevents further harm to the child Ensure that the accommodation and care is provided by suitably qualified and experienced staff. Current senior and experienced Families SA residential care staff would ideally be diverted to establish such accommodation prior to any handover to any other providers Ensure each child has a key worker within the accommodation setting to ensure that the child s needs are appropriately met and advocated for Engage in the case management practices of monitoring and reviewing. 28. Evaluation of the long-term response and progress of the children should be undertaken to ensure these response systems are continually improved. 29. The needs of children drive the contractual decision-making. 30. If contractual accommodation and care arrangements are required for each child, then as part of the longer-term planning for the children s needs, Families SA have draft service agreements in readiness. These agreements should address the roles and responsibilities of both parties. 31. Such service agreements should specify: a process of thorough assessment at the point of referral to ensure clarity about the level of complexity of the care required and the capacity of the contractor to provide this level of care the qualifications and experiences expected of staff the training, support and supervision staff will receive and from whom the levels of management and oversight that will be provided both by the contractor and by Families SA in particular as it relates to the implementation, monitoring and evaluation of each child s individual case plan. 8

9 32. During the development of contractual arrangements: Families SA provides a case plan for each child to the contractor non-government care and accommodation providers be required to show evidence of the ways in which they are implementing, monitoring and evaluation case plans including processes that enable staff to engage in reflective practice that assists them to evaluate whether they are achieving the case plan goals Families SA ensures processes are in place to monitor the provisions of services by the contractor and that these monitoring process are child centred and outcome-focused in any case where children come into the care of Families SA as a result of persistent trauma, abuse or neglect, Families SA has contracting and licensing processes ready to enable clear understanding of roles, responsibilities and contractual arrangements. 9

10 Recommendations response Recommendation 1 All agencies apply the same standard of care for Aboriginal children as for non-aboriginal children. Families SA conducted a detailed review of services provided to Aboriginal children and young people. As a result, a number of projects will now provide services for Aboriginal children, family and the community. These projects aim to: o build the capacity of the workforce to provide support and culturally appropriate care to Aboriginal families o increase the number of Aboriginal workers across Families SA o develop best practice methods to ensure the highest level of care is provided to Aboriginal children, young people and their families. Families SA is currently implementing its Redesign which is a systematic, structured organisational transformation model. All projects underpinning the Families SA Redesign have been tasked with considering exactly how an improved organisation post-redesign will enhance services provided to Aboriginal people, their families and communities. The Families SA Aboriginal and Torres Strait Islander policy provides the overarching direction to ensure that all policies, procedures and practices are culturally appropriate. The South Australian Aboriginal health care plan is the framework for the development of Aboriginal health improvement plans in each local health network. SAPOL s Code of conduct, which forms part of the Police regulations, requires police officers to respect diversity within the community and the workplace by recognising that all people are entitled to courtesy, and fair and equal treatment. This standard of service delivery is reinforced through a structured approach to addressing the special needs of the Indigenous community, which works in conjunction with SAPOL s Reconciliation Action Plan , specialist service delivery and specialised multicultural training programs. Recommendation 2 Intervention occurs in culturally appropriate ways that ensure the consideration of risk and safety issues for Aboriginal children is no different to that given to non-aboriginal children. Families SA applies the same, consistent risk and safety assessment to all situations regardless of cultural background of children and families, however cultural guidance is provided to ensure assessments are culturally sensitive. The adoption of Solution Based Casework (SBC) as the practice model underpinning Families SA s service will support Families SA workers 10

11 engagement with Aboriginal families, as well as non-aboriginal clients. The underlying principles of SBC have strong synergies with the values and ideals of Aboriginal families and communities and the model can be modified to best meet the needs of the local communities. SA Health is progressing implementation of the South Australian Aboriginal health care plan (as outlined above). The Department for Communities and Social Inclusion (DCSI) also has an Aboriginal priorities plan , which brings together strategies across the department under the three outcome areas of the framework. Since 2010, DCSI (Housing SA) has employed senior Aboriginal consultants to provide culturally appropriate advice and consultancy to Housing SA managers and staff who provide services and programs to Aboriginal customers. The consultants are also responsible for identifying service gaps and building and maintaining effective working relationships and partnerships with communities, service providers and other stakeholders, to identify and address Aboriginal specific issues. Recommendation 3 All agencies build workforce capacity to provide culturally responsive services. Families SA has a robust approach to building the cultural capacity of the agency and improving the cultural responsiveness of its services: o Aboriginal and non-aboriginal staff are encouraged and supported to work together to build the cultural competence of staff. o A Cultural inclusion framework and Review of Families SA services to Aboriginal and Torres Strait Islander people in the Adelaide metropolitan area further support cultural competency. o Several cultural practice tools support the maintenance and strengthening of Aboriginal clients connection to family, kin, community and culture. To meet the objective of this recommendation, the DCSI Aboriginal employment strategy is in place. SA Health continues to implement the SA Health Aboriginal workforce reform strategy as well as the Aboriginal cultural respect framework, which forms the basis for the way health policies and health services respond to Aboriginal people in South Australia. There are Aboriginal community constables in different communities and a number of Police Aboriginal liaison officers who assist the police in providing a flow of information between the police and the community, and advise on sensitive cultural issues. SAPOL has also established regular community safety meetings, attended by community elders and representatives from other agencies as a forum for raising issues of concern and for all agencies to work together. 11

12 SAPOL has a strong presence in all Aboriginal forums and is continually working with Aboriginal interest groups. SAPOL is represented on the Chief Executives Group on Aboriginal Affairs, Senior Officers Group on Aboriginal Affairs and has a strong working relationship with the Department of Premier and Cabinet Aboriginal Affairs and Reconciliation Division and Reconciliation SA. SAPOL is also very active in working with relevant justice services in providing culturally sensitive services to Aboriginal children who are engaged in the justice system. Recommendation 4 All agencies have effective employment strategies in place to support the employment, supervision and professional development of Aboriginal workers. Families SA positively promotes employment of Aboriginal people as Aboriginal family practitioners in recognition of the cultural knowledge and expertise they bring. Families SA also provides a number of supports to Aboriginal staff members to gain tertiary qualifications in the areas such as youth work, social work and psychology. Families SA utilises the services of the Department Further Education, Employment, Science and Technology, Aboriginal Employment Register when advertising vacancies to ensure a wider range of Aboriginal people are notified of vacancies that exist within Families SA. SA Health voluntarily participates on the whole-of-government Public sector Aboriginal employment cluster, which aims to promote a coordinated and consistent approach to Aboriginal employment and training across government. The Department for Communities and Social Inclusion s Aboriginal employment strategy promotes Aboriginal employment within the department. SAPOL is committed to the continuous and successful employment of Aboriginal workers through various programs including an Indigenous pre-employment program, an Indigenous youth police traineeship, and an Aboriginal and Torres Strait Islander career development program. Employment and development of Indigenous police officers is a priority, with an Aboriginal and Torres Strait Islander employee coordinator (senior sergeant) responsible for managing the career development program and supporting the needs of Indigenous employees. There is also an Aboriginal and Torres Strait Islander Employee Focus Group that addresses issues of concern to Aboriginal and Torres Strait Islander employees. Recommendation 5 Housing SA provides large families with appropriate housing with adequate amenities such as toilets and bathrooms to avoid overcrowding, squalor and the risk of neglect. 12

13 As part of the Nation Building Economic Stimulus Plan, Housing SA constructed more than 1400 new homes to assist those in greatest need. There are also other initiatives to assist families to secure such accommodation. Private rental liaison officers build relationships with agents and landlords and advocate on behalf of prospective tenants. Housing SA s Assistance for large families policy and accompanying guidelines (2010) give direction for staff to address overcrowding in public housing properties. The policy acknowledges that Aboriginal people are often more mobile and more likely to share homes with visiting relatives and kin, which can lead to crowded living conditions. There are three Aboriginal transitional accommodation centres (ATACs) in Ceduna (established 2004), Port Augusta (established 2005) and metropolitan Adelaide (established 2011). These centres, funded by a capital investment of $6.5 million and annual funding of more than $3.5 million, have a combined capacity of more than 180 people in a culturally appropriate setting. Importantly, the ATACs provide help to reduce overcrowding in situations where extended families or kinship groups may otherwise temporarily stay at an existing local property. Housing SA is also exploring other innovative housing solutions where large numbers of family members seek to reside within the same vicinity. Recommendation 6 All Housing SA staff receive child-safe environment training. This training should reflect best-practice standards including the risk factors associated with neglect and contain some face-to-face component. All housing officers are mandated notifiers under the Child Protection Act (1993) and are required to participate in Child safe environments reporting child abuse and neglect training. Staff must undertake refresher training every three years and have the option to participate in training to raise awareness about cultural diversity, domestic violence and mental health. Recommendation 7 Housing SA staff responsible for conducting home visits receive additional training and support about indicators of poor living conditions, neglect and domestic violence, and the role of Housing SA in child protection. Housing SA s Case work support initiative was trialled in October 2009 to better support tenants with complex needs that were at risk of tenancy failure. In October 2011 this initiative expanded to become the Case work support program and eight social workers now support the Whyalla, Elizabeth, Salisbury, Modbury, Adelaide, Marion, Port Adelaide and Noarlunga regions. 13

14 Housing officers are primarily responsible for identifying risks to tenancies via regular home visits under Housing SA s Home visit program or incidental visits. A housing officer conducting a home visit will refer any tenancy issues identified to social worker for further assessment if necessary. Recommendation 8 When Housing SA receives complaints about poor living conditions, Housing SA staff actively investigate whether children are living in these houses and initiate appropriate child protection responses. Since 1998, Housing SA has had a formal Home visit program, where all tenants are visited to check the condition of the property and identify and address any tenancy issues. In March 2009, the policy and guidelines were revised to increase the frequency of visits from every two years to annually, and also to include the capacity for return visits. Where Housing SA officers suspect children living in a property are at risk of harm, they are required to immediately report this to Families SA. Recommendation 9 Housing SA staff are included in local information sharing forums or networks where integrated inter-agency responses are planned. Housing SA staff may share information with other agencies, in line with the South Australian Government s Information sharing guidelines (ISG), to support vulnerable children living in social housing properties. The ISG provide a set of principles and practices that support early intervention, improved service coordination and information sharing between government agencies and nongovernment organisations who work with vulnerable families. Housing SA and Families SA each have an operational protocol, first signed in 2006, that supports a collaborative approach to working with families at risk of eviction and for whom there are child protection concerns. There is a memorandum of understanding (MOU) between Housing SA and SAPOL (renewed 2011) to support enhanced cooperation and collaboration. This is based on principles including coordinated services and planning. There is also a similar MOU being planned with DECD to support coordinated and collaborative responses to child protection issues. At the operational level and planning interagency responses, Housing SA shares information where appropriate through, for example, local SAPOL child and family investigation sections, neighbourhood policing teams, community safety committees, the State Recovery Office, and the Offender management plan pilot. The Family safety framework (FSF) supports integrated service responses to violence against women and children in South Australia. Housing SA, along with Families SA and DECD, is involved in family safety meetings in each region, 14

15 which enables Housing SA to raise and respond to concerns about the safety of women, children and young people who use its services. Housing SA will also be involved in the Multi Agency Protection Service (MAPS). MAPS will provide an integrated, early intervention gateway for sharing information about domestic violence and child protection issues and identifying appropriate agency responses. At a local level, Housing SA staff work with representatives from a range of agencies, including providers of services in relation to supported housing, homelessness, domestic abuse or prison outreach. Recommendation 10 DECD works with the Australian Government to develop mandatory transfer protocols for schools and to ensure that appropriate information is shared between states about children, particularly those at risk. Since the Department for Education and Child Development (DECD) was founded in October 2011, the South Australian Government has worked an integrated manner to support children, including those at risk, to attend school regularly and improve child safety. The DECD Brighter futures transformation agenda in 2013 strengthened this direction. Within this suite of reforms, an Office for Children and Young People is pivotal to improving improved educational outcomes for children at risk. A population planning approach will assist targeted services for this group to be developed. Since 2006, all education authorities (including the non-government sector) have used a national system for the transfer of student information between schools, when children move from one state to another. In 1994, the heads of the three education sectors in South Australia signed a MOU for the transfer of student information when students move between schools within South Australia. Parental consent is not required for this information to be provided when moving between public schools. This process will improve tracking of students, and increase the accuracy of data regarding transfers and attendance rates. Recommendation 11 DECD strengthens the reporting process from schools about children who fail to attend school once enrolled. In 2007, the Tri-border attendance strategy project established a process to share enrolment information across state borders of South Australia, Western Australia and the Northern Territory in order to address the issues of significant absenteeism in the Aboriginal homelands resulting from the movement of families between communities. 15

16 In 2010, a High-risk chronic non-attenders protocol was implemented between the former DECS and Families SA (then located in the former DFC). This was later expanded to include SA Health. The intent of this arrangement is to enable the sharing of information, expertise and resources to support a joint response to address situations where a child is not attending school and may also be at high risk of harm. Initiatives to support schools to report non-attendance and support families to improve school attendance include: o absence alerts: Since 2008, a centralised data system has been established to alert schools to chronic non-attendance. Principals and site leaders are expected to follow up in order to assess the need for further intervention at the site level or that a referral to Regional Support Services is made o attendance improvement plans: These are a requirement for all DECD education sites, to encourage partnerships between communities, parents and schools to support attendance. Innovative Community Action Networks (ICAN) statewide school and community partnerships assist disengaged young people to access learning and earning pathways and flexible learning options. Case management services address personal and family issues that impact upon successful attendance and engagement at a mainstream school. Recommendation 12 DECD strengthens the whereabouts unknown process for children who have not attended school for 20 consecutive school days. Whereabouts Unknown is a process that follows up on students who have moved out of a school s community, but have not informed their former school that they have enrolled elsewhere. In these scenarios, schools are required to make every reasonable effort through phone calls and home visits to make contact with students. Details are logged on a central database and reviewed and monitored for updates. There is current work underway with the Australian Government to strengthen this process. An Information sharing protocol (since 2009, updated 2011) between the Australian Government and child protection agencies enables agencies in each state and territory to request information from relevant Commonwealth agencies. Currently the Commonwealth agencies that Families SA can request information from are Centrelink, Medicare and the Child Support Agency. Recommendation 13 Families SA reviews the priority and resources assigned to notifications of neglect, in light of the research about the seriousness of the impact of neglect on children and the frequent co-existence of physical abuse. 16

17 The Office for Child Safety in DECD (established in March 2013) coupled with a redesign of structures and functions within Families SA will further support the safety of children and young people. The serious impact on children who experience neglect, both with and without other forms of abuse being present is considered by the Child Abuse Report Line (CARL) when making their assessment following a notification. There is a clear and transparent criteria for the grounds on which families are screened in for further assessment and investigation and for the response priority they receive. o In immediate danger (Tier 1) o Primarily at risk of significant harm (Tier 2) o Primarily in need, who would suffer in the long term if intervention did not occur (Tier 3). CARL assessment follows the standard procedures and practice guidelines for any child and will result in the intake being allocated a tier rating. The priority and resources allocated to a case are determined by its tier rating. There are several intervention options available to social workers and parents to assist them in reducing the risk of abuse or neglect to the child. Such interventions include direct service from the Families SA social worker and the use of external agencies. Neglect can often be mitigated in the community by responses from secondary services prior to Families SA receiving a notification. This is made possible by a detailed interagency code of practice that outlines agency responsibilities for coordinated responses from health, welfare, educational, law enforcement, legal and community services. A key focus areas in the Families SA Redesign is how non-government agencies can be utilised to ensure early intervention with families, many of which may have come to Families SA s attention through concerns about child neglect. Recommendation 14 Where there is notification of neglect Families SA, in line with child-centred practice, as a starting point, sights children to confirm their wellbeing. Families SA receives a significant number of notifications each year where neglect is one of the reported concerns. All notifications received, whether it is for physical, sexual or emotional abuse, or neglect are subject to the same assessment process. The outcome of the assessment and the tier rating determines the appropriate response and the timeframes in which this needs to occur. Where notifications meet the threshold for a protective response, the sighting of a child is required either by a Families SA or through agreement with service partners, such as medical staff, SAPOL officers or school staff. (See also response to recommendation 15.) 17

18 DECD will refresh mandatory notification practices so that vulnerable children may be reached early in their life, and early in the life of an issue. Recommendation 15 Families SA uses its existing legislative powers to involve SAPOL, if necessary, to ensure that children are sighted. Families SA and the South Australian Police (SAPOL) work closely in relation to a number of child protection issues including strategy discussions, conducting investigations and removing children in danger. This is supported by the legislative powers outlined in the Children s Protection Act Additionally, there are collaborative working practices between Families SA and SAPOL (and other relevant agencies) via the Interagency code of practice: Investigating child abuse and neglect. Both Families SA workers and police have powers under s16 of the Act to remove children when they are at risk of serious danger. Additionally, s19 of Children s Protection Act 1993 provides specific powers to SAPOL to seek a warrant in order to enter premises, or break in if necessary, if entry has been refused or access is unable to be gained and s51(4) states that an authorised police officer may for the purposes of enforcing any order of the Youth Court, without warrant, remove from any place a child who is under the Guardianship of the Minister or of whom the Minister has custody, using such force (including breaking into premises) as is reasonably necessary for that purpose. The assessed Families SA tier rating will determine whether a child needs to be sighted and the timeframe within which this should take place. Recommendation 16 Where persistent school non-attendance is evident, Families SA ascertain who the children are, where they are living and where they are attending, or should be attending, school. Non-attendance by students of compulsory school age is a child welfare issue, which can also be an indicator that the health, emotional wellbeing or safety of a child is not being adequately protected and that further investigation by Families SA might be required. For this reason an interagency agreement was signed in 2010 between Education and Children s Services, Families SA and the Department of Health regarding interagency processes for high-risk children of school age who are persistently absent from school. This agreement provides procedural and practice clarity for workers. If a child meets all of these criteria, the DECD Manager, Regional Support Services will make a mandatory notification through the Families SA Child Abuse Report Line. 18

19 Responses will then be made in accordance with the agreement. This includes a joint home visit between Families SA and school personnel within seven days of receiving the notification, and a joint meeting between Families SA, school personnel and Children s Protection Service (CPS Health) where necessary. Recommendation 17 Families SA develops information-sharing processes between states, for families at risk, through the National Framework for the Protection of Children, to ensure that agencies share information about the wellbeing of children at risk of harm. Through the National framework for protecting Australia s children there are now information sharing provisions between the Commonwealth and child protection agencies for each state and territory but there is no protocol for information sharing between states. This currently occurs through the interstate liaison process and interstate liaison officers in each state and territory and New Zealand. Under the Information sharing protocol between the Commonwealth and child protection agencies (June 2011), Families SA workers are able to seek information regarding the current whereabouts of at risk children via Centrelink, Medicare and the Child Support Agency. Recommendation 18 Families SA articulates its case management approach with children in care and considers the development of more robust policies and procedures, to guide its frontline staff about child-focused case management. Families SA has clear processes and procedures that inform decision making and guide practice and approach to children in care. Key policies that inform front line practice include the Guardianship and alternative care manual of practice and the Care planning policy. In July 2012, Families SA finalised Phase 2 of implementation of its Electronic Client and Case Management System (C3MS), to support case management practice and make transparent in a single view the case management activities of assessments, case planning, service delivery and service coordination and to record key case decisions and directions. An internal review of the Crisis Response Unit (CRU), including the Child Abuse Report Line (CARL) was completed in The review identified a number of opportunities to improve efficiencies, along with improving services to notifier groups. o As a result, an online reporting service and system enhancements to improve direct information entry by users, is now available. The Families SA manuals of practice will be reviewed in line with the Families SA Redesign and the introduction of Solution Based Case Work (SBC). 19

20 Recommendation 19 General practitioners (GPs) be reminded through their medical risk insurers, the Australian Health Practitioners, Registration Authority, and the Royal Australian College of General Practitioners of their mandated responsibilities under the Children s Protection Act SA Health works closely with Medicare Locals and with general practice, and in the future will use Medicare Locals as a point of contact with GPs in local communities. In responding to this recommendation, SA Health will actively seek to promote greater collaboration with Medicare Locals and general practitioners in order to promote knowledge and training programs about their mandated responsibilities under the Act. Recommendation 20 All health staff in hospitals and community health services complete Child safe environment training. This training should reflect best-practice standards including the risk factors associated with neglect and should contain some faceto-face component. SA Health ensures that all relevant staff members and volunteers employed in hospitals and community health services complete child safe environments mandatory reporting training within three months from the start of their employment with SA Health and undertake refresher training every three years. Recommendation 21 The Minister for Education and Child Development leads the development of an overarching emergency response plan in consultation with all other relevant agencies. This plan should ensure that each agency is capable of providing an immediate response to cases which involve a large number of children with urgent and intensive child protection, forensic, health, housing, education, therapeutic and care needs. Under the Children s Protection Act 1993, Families SA leads the response to, investigation and assessment of child protection matters, whereas SAPOL takes the lead where criminal matters are identified. Both organisations work closely at all times when responding to emergency situations. Each day Families SA responds to a range of incidents. Many of these responses involve only Families SA and therefore internal standardised procedures are followed. Where incidents require a response from more than one agency there may be problems because each agency often uses different procedures and terminology. A common approach will enable agencies to more easily work together to manage incidents as quickly and effectively as possible. Recommendation 22 20

21 The emergency response plan should place each child s needs as the first priority and incorporate an awareness of the needs to minimise any further damage to each child by the competing demands of various systems. Separate to the overarching emergency response plan, a Child protection emergency response case coordination plan focuses on the needs of individual children. This may be implemented alongside a new complexity assessment tool developed during 2012 in partnership with the University of Adelaide. The tool guides case management, resource allocation and therapeutic intervention based on each child s individual needs. Recommendations In line with standard emergency management principles the emergency response plan includes multiple layers of governance. The plan does not replace existing procedures, codes of practice, and guidelines used to respond to routine child protection situations. Rather, it aims to build on and complement these to achieve a fast and effective response that may not normally be possible without high level governance and interagency cooperation. In line with the recommendations provided by the CDSIRC, the plan a strong focus on: o assessing and responding to each child s therapeutic needs in a way that is responsive to that child o in cases where there is a high level of media interest, development of a communication strategy that focuses on the vital task of protecting the privacy of children o setting an end date for the emergency phase and ensuring that, by the end date, longer-term strategies for each child are developed and resourced so that the children may move into longer-term placement, therapy, health and education arrangements. A final debrief session for Families SA staff and volunteers involved in response and recovery activities will be held within three weeks of the conclusion of an emergency. This ensures that lessons learnt will be identified and translated into improvements in the Families SA child protection emergency management planning processes. Recommendation 29 The needs of children drive the contractual decision-making. Service agreements with non-government organisations and agency partners must clearly articulate responsibilities that ensure all children s needs are met and sufficient monitoring of performance is undertaken. Agencies must also have knowledge of any given child or young person s case plan, their history and their specific needs. 21

22 All contractual arrangements include information about case plans and monitoring processes to ensure care is child-centred. Recommendation 30 If contractual accommodation and care arrangements are required for each child, then as part of the longer-term planning for the children s needs, Families SA has draft service agreements in readiness. These agreements should address the roles and responsibilities of both parties. In 2012, Families SA revised outcomes, outputs and key performance indicators and data collection requirements specific to the types of placements being provided, general foster care, specialist foster care, respite care and residential care placements. In addition, the master agreement and generic service agreement were revised with service schedules established for the different types of services. 22

23 Recommendation 31 Such service agreements should specify: a process of thorough assessment at the point of referral to ensure clarity about the level of complexity of the care required and the capacity of the contractor to provide this level of care the qualifications and experiences expected of staff the training, support and supervision staff will receive and from whom the levels of management and oversight that will be provided both by the contractor and by Families SA in particular as it relates to the implementation, monitoring and evaluation of each child s individual case plan. In the case of all new and specialist foster care and residential care services that are being renewed in onwards, children and young people s complexity ratings will be included as part of the target group definition. Service agreements require that all service provider staff working in direct care and support roles are trained about the effects of trauma and abuse. Recommendation 32 During the development of contractual arrangements: Families SA provides a case plan for each child to the contractor Non-government care and accommodation providers be required to show evidence of the ways in which they are implementing, monitoring and evaluating case plans including processes that enable staff to engage in reflective practice that assists them to evaluate whether they are achieving the case plan goals Families SA ensures processes are in place to monitor the provisions of services by the contractor and that these monitoring process are child centred and outcome-focused Where children come into the care of Families SA as a result of persistent trauma, abuse or neglect, Families SA have contracting and licensing processes ready to enable clear understanding of roles, responsibilities and contractual arrangements. Families SA must develop a case plan for each child in its care. This is done in consultation with the child, the caseworker and the organisation providing the service. Families SA is endeavouring to strengthen practices to ensure that all relevant stakeholders around the child are consulted. All service agreements are monitored through a quarterly review process with service providers assessed against requirements set out under the service agreement. In addition, a new review process has been put in place for end-ofcontract-term service reviews to improve transparency in decision making when making recommendations of whether a service should be renewed or terminated. Input from service providers and comparison and benchmarking of like services is a key component of this review process. 23

24 Families SA will continue to work with the non-government sector to improve the content of service agreements and how they are monitored. Other agencies have also increased the focus on child welfare and protection. In 2009, during the redesign of domestic violence and homelessness service, Housing SA incorporated a requirement in all service agreements that children must be treated as clients in their own right and have their individual needs addressed. As a result, specialist services provide therapeutic supports to children experiencing homelessness. The service also works across the homelessness and domestic violence sector to build capacity to respond to children. 24

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