Best Interests Case Practice Model for Family Services, Child Protection and Placement Services

Transcription

1 Best Interests Case Practice Model for Family Services, Child Protection and Placement Services Introduction The Children, Youth and Families Act 2005 (CYFA) provides the authorising environment for practice across child protection, family and placement services. At the heart of the Act are the Best Interests Principles that unequivocally state: For the purposes of this Act the best interests of the child must always be paramount (s.10) and: When determining whether a decision or action is in the best interests of the child, the need to protect the child from harm, to protect his or her rights and to promote his or her development (taking into account his or her age and stage of development) must always be considered Thus the Act requires family services, child protection and placement services to take actions to Protect children from harm Protect children s rights Promote children s development in age appropriate ways From these three foundation best interest principles, eighteen specific considerations are listed and can be grouped into three themes: Supporting and assisting families to keep children safe and meet their needs Promoting children s stability Promoting children s cultural identity and connectedness (See Appendix one)

2 Best Interests Case Practice Model Purpose The best interests of a child are protected and promoted by ensuring the child s right to: Safety Stability Development For each child we must look at their safety, stability and development through the lens of the child s culture, gender, age and stage of life. The protection and promotion of a child s best interests creates and contributes to the child s wellbeing. In assessing, planning and acting to promote children s safety, stability and development, Child protection and family and placement services need to take account of a child s age and stage of life, and their culture and gender. Together these considerations provide a lens through which to view safety, stability and development and understand the unique circumstances and experiences of a child. 1 1 The Best Interests Framework for Vulnerable Children and Youth p. 12 2

3 The purpose of the best interests case practice model is to embed the best interests principles into practice, thus creating and contributing to the wellbeing of children. 2 This requires two processes: firstly, a consistent understanding of what best interests really means across all of family services, child protection and placement services and secondly the best interests principles coming alive in the assessment, planning and actions of practitioners, supervisors and managers. The model aims to assist these two processes and ensure the integration of best interest principles into the day to day practice of family services, child protection and placement services. The model brings together the phases of risk assessment articulated within the Victorian Risk Framework, the Looking After Children Framework and the CYFA Best Interests Principles into an overall case practice model comprising the interlocking and recursive three core work functions involved in working with vulnerable children, youth and their families namely: Assessment which informs Planning which guides Action that benefits the child. The model has at its foundation a dual focus: The basic focus of any assessment and intervention must now be to answer the question How is this child developing? as well as Is this child safe? 3 It is a core document for practice and should be used in conjunction with existing resources such as the Strategic Framework for Family Services, Child Protection Practice Manual, revised specialist practice guides (SPGS) 4, the comprehensive Best Interest Series including the Stability guidance papers, Child Development and Trauma guide and Reunification papers. The model builds on the conceptual work of: Best Interests principles: A conceptual overview The Best Interests Framework for Vulnerable Children and Youth Cumulative harm: A conceptual overview Stability: A conceptual overview These documents present the underpinning theory and research that should inform the practice of all professionals working with vulnerable children and their families. The guidance contained within this document is informed and directed by this theory and it is an imperative for practitioners to develop their confidence and familiarity with the guiding theories of Child Development, Trauma, Attachment and Resilience. 2 Through out this document the term child/children is used and includes young people. 3 Best Interest Principles: A conceptual overview P.30 4 See appendix two for full list of Specialist Practice Guides 3

4 The potential use, connection and linkages between the many resources and tools now available to assist practitioners in delivering quality best interests services to children, young people and families is helpfully illustrated by the professional knowledge model. The five main categories of professional knowledge are outlined below: Model of Professional Knowledge (Julie Drury Hudson, 1997) THEORETICAL (Frames of reference that present an organised phenomena) PERSONAL (intuition, common sense, Cultural knowledge) EMPIRICAL (Gained from Research) PRACTICE WISDON (Gained from Experience) PROCDEURAL (Legislative, Policy, Organisational) A comprehensive range of resources are available to develop practitioners strengths in all five areas for example: Theoretical/Empirical Best Interests Series Conceptual Papers; Child Development and Trauma Guide; Best Interests Case Practice Model; CPTDU Learning and Development Strategies; Beginning Practice Learning Guides, SPGS, Strategic Framework for Family Services, Court Practice Guide Procedural CYFA; Child Wellbeing and Safety Act (CWSA);Child Protection Practice Manual; Practice Instructions; Registration Standards for Community Service Organisations; Protocols; Beginning Practice Learning Guides; LAC framework; CRIS Personal/Practice Wisdom Reflective Practice; Intuition and common sense; Developmental supervision; peer practice clinics and group supervision; Learning and Development Strategies, Co-working and secondary consultations. 4

5 Placing the Experience of Children Centre and Foremost By integrating the best interest principles into daily practice, the model achieves another fundamental purpose: placing the experience of children at the centre of all practice interventions within family services, child protection and placement services. The intention of the model is to guide practitioners to attend more specifically to children s safety, stability and development, through the lens of their age and stage of life and their culture and gender. The model uses the three phases of the Victorian Risk Framework as an organising structure for integrating the best interests principles into practice: Information gathering Analysis and Assessment Decisions/Agreements for Action; Dynamic, Recursive Assessment, Planning and Action Underpinning the use of these phases is the recognition of the dynamic, recursive nature of assessment, planning and action. Information gathering, analysis and assessment should be seen as continuing processes occurring through all the phases of family service, child protection and placement service intervention, not single once off events that then form immovable truths about a child s experience. Practitioners must maintain open and curious minds, be able to consider several hypotheses at the same time and most importantly be able to revise their assessments on the basis of new information. Eileen Munro draws our attention to a particular human trait: for the individual, the overwhelming problem with human reasoning is that people do not like changing their beliefs. They go to great lengths to avoid the discomfort of having to revise their judgements. There is no simple antidote to this weakness. Child protection workers can be aware only of how they are likely to err and consciously try to counteract it. 5 A final point to emphasise before consideration of the case practice model in detail: how best to protect and promote any child s safety, stability and development remains and always will remain a matter of professional judgement. Professional judgement, in turn must be based on the exercise of professional knowledge which is defined as: 5 Munro, E.(2002) Effective Child Protection. London Sage Publications 5

6 the cumulated information or understanding derived from theory, research practice or experience considered to contribute to the profession s understanding of its work and that serves to guide practice. 6 The best interests principles provide guidance on the factors that make a real difference to children s lives and life chances and the best interests case practice model provides a resource to ensure our careful consideration of these principles in all our work with children and their families. Shared Collaborative Practice In recognition of the fact that family services, child protection and placement services are working together, frequently with the same children to achieve the same outcomes, the best interests case practice model emphasises the shared and mutual nature of practice across all three services. The model identifies the common and specific areas of responsibility for family services, child protection and/or placement services (Care Team), thus giving practitioners clarity about individual service responses and areas of shared inter-connection. It is intended that the information provided is reviewed by practitioners within the context of both program and role. For example: Family services practitioners should review the best interests case practice model from a context that is also informed by the family services principles, case work approach and service standards. Similarly child protection and placement service practitioners need to review the model within their respective contexts. In other words the starting point, emphasis and weighting of the different components within the model will be influenced by program setting. Family services practitioners work predominantly with vulnerable children with moderate to significant wellbeing concerns within a family setting. Therefore, their emphasis and starting point will need to reflect this, leading family services practitioners to the essential areas of child development, parenting capacity and social and community engagement. Child protection practitioners work predominantly with vulnerable children in need of protection, deemed so because the concerns are having a serious impact on the child s safety and development. Leading child protection practitioners to the essential areas of child safety and development as their starting point and then moving towards parenting capacity, support etc The Care team will be working with vulnerable children in out of home care, thus their emphasis and starting point will be the child s needs while 6 Hudson, Julie. A model for professional knowledge for social work practice Australian Social Work September 1997 Vol.50, No 3 6

7 in placement leading them to the essential areas of development, stability and building resilience. The model firstly outlines the essential areas for information gathering. It then guides practitioners through the analysis and assessment phase and finally summaries the key areas for action and decision making. (Insert Care Team Model) 7

8 What practitioners need to know about the model: Key Issues for Consideration by Family Services, Child Protection and Placement Services The model evolves and drills down from the broader policy context everychild, everychance reforms The Children, Youth and Families Act 2005 The Child Wellbeing and Safety Act (2005) Legislation clearly directs practice towards safeguarding children and promoting their development Promotes consistent understanding of best interests across family services, child protection and placement services Integrates best interest principles into day to day practice which means: Placing the experience of the child at the centre of all practice interventions Guides practitioners to attend more specifically to the child s right to safety, stability and development, through the lens of their age, stage of life, culture and gender The protection and promotion of a child s best interests creates and contributes to the child s overall wellbeing. Builds on the conceptual work papers and should be used along side the full range of resources now available to practitioners depending on work function to be completed and professional knowledge need of practitioner Informed and directed by essential theories: Promotes the imperative that practitioners develop their confidence and familiarity in Child development, Trauma, Attachment and Resilience theory Brings together the best interests principles, VRF phases of risk assessment and the LAC framework into an overall case practice model comprising the three interlocking and recursive core work functions: o Assessment which informs o Planning which guides o Action that benefits the child Information gathering, analysis and assessment are recursive processes occurring through all phases of family services, child protection and placement service intervention The Best Interest Case Practice Model is a Professional Judgement Model: How best to protect and promote any child s safety, stability and development remains and always will remain a matter of professional judgement The model emphasises the shared and mutual nature of practice across family services, child protection and placement services whilst at the same time acknowledging the different program and role contexts. 8

9 How to use the model The model is a resource for practitioners, supervisors and managers. It outlines the practice aspirations that should be strived for in all our work with children, young people and families. It should be used to guide all interventions in family services, child protection and placement services across the core work functions of assessment, planning and action. In line with the model of professional knowledge it should be used in conjunction with a range of other resources, depending on the task and requirement. The information sheets are designed as a working tool to be used in the moment providing useful prompts for workers prior to direct contact or to assist at key decision making points. The main resource guide is intended for deeper application for example to assist with broader worker professional development or with providing a theoretical dimension to court reports. This resource can be used in a variety of work settings including supervision, briefing prior to visits, preparation for best interests planning meetings, development of child and family action plans and professional development interventions. 9

10 Information Gathering This phase commences at the point of first contact with ChildFIRST, family services, child protection services or initial referral to placement services and continues throughout the child s involvement with the child and family service system. The purpose of this phase is to gather the necessary information to inform subsequent analysis and assessment. These processes are continuous, as new experiences and situations occur for the child and family, so too is new information gathered. This new information builds on what is already known to inform the evolving analysis and assessment, thus enabling best interests assessment, planning and action. To fully understand the child s experience family services, child protection and placement services should continuously gather information in the areas outlined below. Regard should be paid to all areas, however some areas may require more emphasis and consideration depending on the service focus. For example family services practitioners may need to give more emphasis to the areas of parenting capacity. Child s Culture Culture in many ways defines who we are, how we think, how we communicate, what we value and what is important. Culture constantly evolves and adapts and is always a significant and changing influence on us. 7 Practitioners should be aware that all children and families have a culture that plays a part in identity formation and the day to day experiences of children. Practitioners also need to be aware of the diverse, multi-cultural nature of Aboriginal and CALD communities. There are hundreds of different Aboriginal tribal groups in Victoria as well as multiple CALD communities. A singular homogenous culture cannot be assumed, practitioners need to actively ask about cultural norms in order to meaningfully switch on the cultural lens and address this key component of best interests assessment planning and action. Historically there has been a lack of culturally sensitive responses to the needs of Aboriginal children and their communities and Aboriginal children are significantly over-represented in the child protection and placement system. Recent data 8 shows Aboriginal children with a rate of 63 substantiations per 1,000 Aboriginal children, compared to a rate of 5.8 substantiations for non-indigenous children. Aboriginal children are similarly over-represented in rates of children on care and protection 7 Victorian Aboriginal Child Care Agency Co-op Ltd 2000 Aboriginal Resources and Cultural Guide P.6 8 Australian Institute of Health and Welfare data looked 7,014 child abuse substantiations recorded in Victoria in

11 orders and in out-of-home care. Contributing factors include the forcible removal of children in the past and the intergenerational trauma of the stolen generation experience which has affected the majority of Aboriginal families in Victoria; a lack of knowledge regarding Aboriginal child-rearing practices, a lack of Aboriginal support services and the impact of poverty and social disadvantage. The Victorian Government is committed to addressing the underlying issues that impact on the safety, stability and development of Aboriginal children. The CYFA 2005 includes decision making principles and child placement principles, thus creating a mandate for family and community services, child protection services and the courts in planning and delivering coordinated and culturally competent services to Aboriginal children and families. (Section 10 (3) (c); Section 11; Section 12 - See Appendix One) Similarly the needs of children from culturally and linguistically diverse communities (CALD) must be recognised and supported by Family Services, Child Protection and Placement services. This means understanding that CALD communities are not homogenous, actively enquiring about specific cultural needs and being aware of both established and newly arriving communities. The impact of fleeing war torn countries of origin, possible experiences of torture and other traumas, spending lengthy periods in refugee camps and detention centres must also be considered. Practice across Family Services, Child Protection and Placement services must be culturally competent. The concept of culturally competent practice is currently under development. However, practitioners should be aware that culturally competent practice will mean moving beyond understanding and awareness into actions and behaviours that promote and strengthen the cultural connectedness of children from Aboriginal and CALD communities. Practitioners start this process of cultural competence by expanding their awareness and knowledge of culture through undertaking relevant training, accessing learning resources and research, consultation and co-work with colleagues from cultural services. Cultural competence continues through the information gathering phase as outlined below: Specify Child s Cultural Background: Aboriginal/Torres Strait Islander From another culturally and linguistically diverse background Cultural competence starts in the information gathering phase by the act of asking about cultural background. Family Services, Child Protection and Placement Services practitioners must ask about the child s culture and establish whether they are Aboriginal/Torres Strait Islander or from another culturally and linguistically diverse background. Practitioners should remember that asking an Aboriginal person about their community 11

12 or mob and where they come from is the equivalent of a cultural handshake and favourably communicates a level of cultural awareness. Practitioners should be aware that Aboriginality is determined by: 12

13 1. Parentage and blood line descending from an Aborigine or Torres Strait Islander 2. Identifies as an Aborigine or Torres Strait Islander 3. Is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community Family Service Practitioners should refer to their local agreements with Aboriginal Services to determine how best to respond to the needs of the child and their family. Child Protection Practitioners must contact and consult the Aboriginal Child Specialist Advice and Support Service (ACSASS) from the first point of contact, usually at intake, through all phases to case closure, following the procedures outlined in the Responding to Aboriginal Children Practice Advice. This advice provides guidance through all the phases of Child Protection Intervention and ensures that Aboriginal children s cultural needs are addressed. Aboriginal Child Placement Principle Due to the impact of the Stolen Generation and past welfare policies many Aboriginal children were disconnected from their families and communities resulting in the loss of language and culture. This has had a devastating affect on Aboriginal people, families and communities. It is vitally important that Aboriginal children who are placed in out of home care remain connected to their families, communities and culture. Practitioners cannot act in an Aboriginal child s best interests and promote their well being without addressing connection to culture and community. The CYFA 2005 mandates the Aboriginal Child Placement Principle and requires community service organisations and child protection to follow the steps outlined when placing an Aboriginal child in out of home care. (s.13 and s.12 (c) and s.323 (iii) See Appendix two). To connect a child to their culture requires more than placing a child with an Aboriginal family. They should be connected to the Aboriginal community that they belong to, as each community is different. When a child is in out of home care, the Care Team, comprising the child s agency case worker, child protection worker, carers, birth parents and any other adults significant to the child, should work together with the ACSASS program to develop and implement a cultural support plan for all Aboriginal children and young persons placed in out of home care. This is now a legal requirement under section 176 CYFA Child protection is required to work collaboratively with families, the child s Aboriginal community, placement providers and the ACSASS program to develop a Cultural Support Plan. 9 9 Refer to Aboriginal and Torres Strait Islander Cultural Support Plan Guide and Template DHS

14 If the child is from a CALD background information about the child and family s primary language must be obtained. Workers should consider whether interpreters and or translated information resources are needed. A good assessment of a child s linguistic ability is extremely important when the first language is not English...english may become the language of academics and school and the local community playground while the child s first language may serve as the language of feelings Canino and Spurlock This is an important consideration for all practitioners: memories and feelings of a traumatic event/s are encoded in vivid images and sensations and therefore better processed in her first language 11 Placement services coordination staff will ensure that the child s cultural information is included in the placement referral record provided to the placement service provider at point of referral. The Care team are expected to provide placements appropriate for the cultural background of the child. This includes seeking to match children with carers from the same cultural background wherever possible. Carers who do not share the same cultural background as the child should be provided with appropriate support to enable them to provide culturally competent care of the child. Care teams led by the placement service case worker should also ask about cultural background and Child Protection should ensure that the care team is provided with the relevant information to support the child s cultural needs during placement. This information will be included in the Essential Information Record and subsequent best interests planning processes. 10 See Cumulative Harm: A conceptual overview Best Interests Series p Cumulative Harm: A conceptual overview Best Interests Series p

15 Key Issues for Consideration by Family Services, Child Protection and Placement Services The diversity of Aboriginal communities based on each community s tie to the land and locality must be recognised. The impact of the Stolen Generation experience on nearly every Aboriginal family within Victoria must also be recognised. Cultural competence is a concept that is currently under development however practitioners should be aware that it provides the lens for information gathering with Aboriginal communities It is the starting point and filter for all information Cultural competence continues through family services, child protection and placement services endeavours to establish and maintain collaborative working relationships, based on mutual respect and understanding of each others roles with culturally specific agencies and members of the child s cultural community. Cultural sensitivity and respect is essential in any intervention with families. Workers need to explore the particular meaning events hold within the family s cultural traditions. A good assessment of the child and families understanding of language preferences is essential and every effort must be made to enhance their participation English may not be the best language to process the memories and feelings associated with traumatic events Practitioners need to recognise that this is a highly complex area. The key to beginning to work in a culturally competent way is in our openness and willingness to learn about the Aboriginal and CALD experience from our clients, members of their community and our colleagues in Aboriginal and other culturally specific agencies. The next step is using this learning in our practice and endeavouring to build respectful relationships. 15

16 Gender Gender refers to the attributes assigned to males and females by societal norms. Gender affects a child s experiences and life chances because the expectations and assumptions that occur as a result of gender are entrenched within the community and wider social systems (education, judicial, employment, welfare, economic etc). The interface between a child and these systems means that boys and girls experience the world differently and may be differentially affected by apparently similar events and circumstances. For these reasons the child s gender should be recorded at the initial information gathering phase across family services, child protection and placement services and practitioners should apply a gender analysis to all assessment, planning and action. Key Issues for Consideration by Family Services, Child Protection and Placement Services A gender analysis is a critical component of good practice when working with children and their families and identifying issues of abuse. The dynamics of power, hierarchy and gender need to be assessed by practitioners. Practitioners should be mindful of the disproportionate nature of gender-based violence such as family violence on females, sexual assault on children, the differential responses to family violence by boys and girls and the need for a gender specific response to the needs of boys and girls. A gendered response means being aware of the likelihood of specific issues impacting differently on men, women, boys and girls. For example children can have a gender differential response to family violence: girls tending to internalise and boys act out. In terms of risk, gender impacts place girls at a greater risk of victimisation as adults and boys at a greater risk of perpetration as adults. (Indermaur 2001 quoted in Best Interests Principles: A conceptual overview 2006 p.12) Child s age and stage of life Specify the child s date of birth and describe their stage of life In the information gathering phase family services, child protection and placement service workers will need to specify the child s date of birth and establish a comprehensive sense of what this means in terms of stages of child development. This must be taken into account when considering how to respond to the child s safety, stability and development needs. 16

17 A child s stage of life is most usefully described in four phases: Infancy Unborn to 2 years Pre-school 2 to 5 years Primary school years 5 to 12 Adolescence 12 to 18 years The child s age and stage alerts practitioners to the key developmental tasks that the child should be undertaking that then provides a base line for assessing and weighting the child s development needs. Practitioners need to be particularly attuned to the vulnerability of infants and the likely impact of trauma and neglect for the child s future safety, stability and development. For family services practitioners consultation with community based child protection and maternal and child health services should be considered for referrals of infants. For child protection practitioners, consultation with regional high risk infant specialists should be initiated. All practitioners can also refer to the high risk infant specialist practice guide (SPG) Adolescents also require particular attention due to the additional vulnerability experienced by children in this stage of development. Practitioners should refer to the High Risk adolescent SPG for additional guidance when working with adolescents. For Children in out of home care, the Care Team needs to ensure that placements and carers are well prepared and resourced to provide age and stage appropriate care and support that is mindful of the particularly vulnerabilities of infants and adolescents. Key Issues for Consideration by Family Services, Child Protection and Placement Services The Child Development and trauma guide, Best Interests series provides practitioners with an overview of the typical developmental pathways of children and the typical indicators of trauma at different ages and stages. This is a very useful resource and can be used in the information gathering phase to assist with the overall assessment task. Practitioners can also refer to Mary Sheridan s From Birth to Five Years Children s Developmental Progress 12 which is included in the Beginning Practice Learning Guide for new Child Protection Practitioners and the Raising Children Network (raisingchildren.net.au) which has useful resources for carers. 12 ACER Press

18 Unborn Children The CYFA enables confidential reports to be made to child protection where a person has a significant concern for the wellbeing of the child after it s birth. Child protection intake practitioners must consult with the High Risk Infant program on all unborn child reports received directly and all consultations requested by community based services on unborn children. (See analysis and assessment section for responses to unborn children) Child s Safety Promoting a child s best interests requires all practitioners to have the dual focus of safety and development. It is not sufficient to consider safety alone as the determining factor for responding to children. However, an assessment of safety is an essential component of the best interest case practice model that in combination with the other components will lead to best interests planning and action. Practitioners should at all times keep the experience of the child in the forefront of their minds and ask themselves What does being safe mean for this child, given their age, stage, culture and gender? This requires practitioners, wherever possibly, to be talking to the child and gaining an idea of what it means to the child to be safe. Family services, child protection and placement services will need to continually assess children s safety within their respective roles. 13 Family service practitioners will be undertaking this role within the context of referrals made to Child FIRST or directly to a family service and as part of their ongoing casework with children and families. Child protection practitioners will undertake this role within the context of receiving reports into the child protection system, providing consultation to family services and other community service agencies and as part of their ongoing casework with allocated children and families, including as members of the care team for children in out of home care. The Care Team, comprising the child s placement agency case worker, child protection worker, carers (foster carer or key residential workers), birth parents (unless it is not in the child s best interests to involve the birth parent) and any other adults significant to the child, will be undertaking this role with the context of providing quality nurturing care and protection from harm for children in out of home care. The care team approach is grounded in the principle of considering the things any good parent would naturally consider when caring for their own child. 13 Practitioners should refer to The Child Protection and Child FIRST agreement on Local Procedures and Requirements ; Strategic Framework for Family Services Pages 40 to 50 18

19 Although child protection has the primary responsibility for determining whether a child has been harmed or is likely to be harmed and whether a child is in need of protection, it is extremely important that there is shared understanding across child protection, family and placement services about what is meant by harm to a child. The following section is provided as a resource to all practitioners who should consider the information within the context of their respective roles. We know that a child is safe when parents or carers are: Providing the basic care needed for the child s immediate and future stability and healthy development Protecting the child from harm and it s adverse consequences for the child s immediate and future stability and healthy development Basic care provided The provision of basic care means that the child s parents/carers or the care team for a child placed in out of home care, are meeting the child s individual needs for stability and development. A child s basic needs include their physical, social and emotional needs and the nature of these needs will depend on their age, stage of life, culture and gender. For all practitioners this means establishing whether the child s physical needs for food, liquid, warmth, shelter, rest, clothing, adequate personal hygiene and timely access to appropriate medical and dental care where needed are being met. It then involves establishing whether social and emotional needs are being met including the child s need for emotional warmth, stimulation, consistency, guidance and boundaries. Responsive caregiving is a useful concept to consider: Does the child s care giver respond quickly and appropriately to the child s physical and emotional needs? and perhaps most importantly: Does the child s care giver consistently give priority to the child s needs over their own or their partner s needs? The Care team lead by the placement agency case worker need to ensure that carers are providing children in placement with a quality, nurturing home environment in line with registration standards Registration standards for community service organisations (Feb 2007) 19

20 Key Issues for Consideration by Family Services, Child Protection and Placement Services Is it extremely important that child safety information is viewed through the lens of age, stage of development, culture and gender. For example: A lack of provision of basic care can be life threatening for an infant whereas an older child is more physically resilient. For some cultures the provision of basic care may be undertaken by a range of extended family members. This may be an appropriate functional norm within the child s culture and does not necessarily imply that the child s parents/immediate carers are failing in their responsibility to provide basic care. This is also a factor for consideration with CALD and Aboriginal foster care families. For Aboriginal children, connection to culture through family, extended family and the broader Aboriginal community is a critical protective factor. If the Aboriginal child does not have these connections their safety, development and wellbeing is likely to be compromised. Gender may have an impact on the care provided, particularly if the primary carer has displaced hostility towards the opposite sex due to abusive experiences which can result in differences in the care provided based on the gender of the child. Family Services, Child protection and the Care Team can establish and review whether the child s basic needs are being met by asking general questions followed by a series of more specific probes such as the following examples: Question Describe the child how do they present? Probe How does the parent/carer provide for the child s basic needs? Are they responsive to the child s needs What examples of this do you have? What concerns do you have about how the parent/carer is caring for this child? What is this child s basic affect and presentation? Are these consistent with normal developmental milestones? (see Child Development and Trauma Guide) 20

21 Question Describe the relationship between the child and his/her parent/s or carers Probe If you had to chose 2 words to characterise the relationship what would they be? What direct observations do you have to support your choice of words? What routines have you observed in the household? How does the parent/carer set boundaries How do they show warmth and care? Protection from harm Being protected from harm means that the child is protected by parents or carers from immediate, cumulative or likely harm to their safety, stability and development caused by: Abandonment Physical Injury Sexual Abuse Emotional or psychological abuse Neglect 15 Has the child been protected from danger and harm by his or her caregivers? If not, how has the child been harmed? We need to remember that this can be through acts of commission i.e direct harmful actions inflicted on the child by their caregivers and/ or omission failing to act e.g adequately supervising a child. Family services and child protection practitioners should specifically identify and record the information below concerning the harm to the child. Child protection should also ensure for children in out of home care, the care team is provided with the information they need to ensure the appropriate care and support of the child whilst in placement. The Care team has the primary responsibility for ensuring the safety and development of children while they are in out of home care. This means ensuring that carers protect children from harm and instigating the required procedures if concerns about the quality of care or allegations of abuse in care emerge Children, Youth and Families Act 2005 s Guidelines for investigating allegations of abuse against home based carers 2005; Guidelines for investigating allegations of abuse against residential carers 200? 21

22 The actual or alleged harm This means clearly establishing and describing the causes and incident of harm. On the basis of this, family services practitioners will need to decide whether to contact child protection. The Strategic Framework for Family Services (2007) states that a report should be made in any of the following circumstances: serious physical abuse of, or non-accidental or unexplained injury to, a child (mandatory reporters must report) a disclosure of sexual abuse by a child or witness, or a combination of factors suggest the likelihood of sexual abuse-the child exhibiting concerning behaviours, for example, after the child s mother takes on a new partner or where a known or suspected perpetrator has had unsupervised contact with the child (mandatory reporters must notify) serious emotional abuse and ill treatment of a child affecting their healthy development persistent neglect, poor care or lack of appropriate supervision, where there is a likelihood of significant harm to the child or their development serious or persistent family violence or parental substance misuse, psychiatric illness or intellectual disability-where there is a likelihood of significant harm to the child or their development where a child s actions or behaviour may place them at risk of significant harm and the parents are unwilling or unable to protect the child where a child appears to have been abandoned, or where the child s parents are dead or incapacitated, and no other person is caring properly for the child. These points provide useful guidance for family services practitioners. Community Based Child Protection Workers are also available to provide consultation and advice. Child protection practitioners will need to decide whether or not to contact the police. The protocol between child protection and the Victorian police requires child protection to contact the police in all cases of serious physical and sexual abuse. Additionally the protocol with Victorian Aboriginal Child Care Association (VACCA) and Mildura Aboriginal Cooperative (MAC) require contact with the Aboriginal Child Specialist Advice Support Service (ACSASS) if child protection receive a report concerning an Aboriginal child. Family Services practitioners should refer to their local agreements with Aboriginal services if they receive referrals concerning Aboriginal children. Sources of harm This means identifying the relationships, behaviours and situations that are causing harm to the child. Remember this also includes risk taking 22

23 behaviour by a young person. Hence a young person can be a source of harm to themselves. As well as establishing the source of harm, family services and child protection practitioners need to gather information about the severity of the harm. Again this information must be viewed through the lens of age, stage, culture and gender. All practitioners should constantly consider how does this harmful behaviour impact on this particular child s development, given their age, stage, culture and gender. It is also of vital importance that practitioners consider the child s subjective experience of harm and the meaning and significance attributed to the harm by the child. Family Services and Child Protection practitioners can establish severity by asking: How severe does the reporter/referer consider the harm and on what evidence are they basing this opinion? What impacts have they noticed on the child s safety, stability and development? What is the child saying about their experience of the harm? Did the abuse result in physical injury to the child that required medical attention? Was medical attention sought in a timely way? Was has been the carers response to the injury and the child? What is the immediate context surrounding the injury for example: Does the injury suggest a reactive stress based response on the part of the carer or a more premeditative, cruel action (e.g cigarette burns) (Child Protection Practitioners can refer to Child Protection Practice Manual Assessment Section for further examples of questions) Patterns and history for this child and other children This is a crucial area for information gathering as it provides practitioners with a sense of the potential cumulative harm to the child. Cumulative harm refers to the effects of patterns of circumstances and events in a child s life, which diminish a child s sense of safety, stability and wellbeing. Cumulative harm is experienced by a child as a result of a series or pattern of harmful events and experiences that may be historical, or ongoing, with the strong possibility of the risk factors being multiple, inter-related and co-existing over critical developmental periods. 17 Practitioners should gather information about previous contact and concerns in order to assess cumulative harm. Of crucial importance is the child s subjective experience. 17 Cumulative Harm: A conceptual overview January 2007 p.3 23

24 Practitioners should constantly ask: What does this pattern and history mean for this child given their age, stage, culture and gender? How do they experience these incidents of harm? For Family Services and Child protection practitioners this means asking referrers/reporters about previous concerns and incidents, duration and frequency of concerning incidents relating to the child in question and other children in the family. It is not good practice to assess only on the basis of information contained in the current report/referral. Previous file notes and records concerning the child in question, their siblings and family are extremely valuable sources of information that are often over looked. Practitioners should take the time to review this information and include it in their assessment. Practitioners should also ask: Have there been previous incidents of concern for this child or other children in the family? What was the nature of these concerns and how were the issues addressed at the time? How long ago were these concerns? Does the space between reports indicate escalation? Is the child experiencing recurring trauma? What impact is this pattern having on the child s sense of safety, stability and development? When these concerns are viewed together with previous concerns does the emerging picture change? For the Care Team the pattern, history and impact of harm upon the child and other children is likely to affect the child s behaviour in placement. Child Protection should ensure that the care team is provided with this information which needs to be carefully considered when placing the child. All carers need to be adequately prepared prior to placement and then appropriately supported during the placement. Opportunities for harm (access to harming parent/carer, exposure to harm) Family Services and Child Protection Practitioners need to consider the child s current and future exposure to harm. Of vital importance here is further access of the harming parent/carer to the child. For an adolescent engaged in risk taking behaviour, the opportunity for harm is constant, as the young person is responsible for the behaviour. However the context surrounding the behaviour should be explored to determine the impact of peer group and parent/carers. The harming parent/carer access and importantly their intent is explored by asking: Is the harming parent/carer the primary carer for the children? Do they accept responsibility for their role in the abuse? How does the primary carer (if not the harming carer) understand the situation? 24

25 What protection can they offer the child? How does the child understand the situation? How does the harming carer view their role in the abusive episode? How does the harming carer view the child? Is their view of the child s abilities consistent with their developmental stage? Family Services and Child Protection practitioners also need to consider opportunity for harm in terms of the child s exposure to harm within the home environment. This means considering: Are there frequent reports of exposure to environmental neglect/substance abuse/violence or other factors which impact upon parenting capacity? Is the child or young person constantly criticised, scapegoated or verbally abused by the primary carer? How does the child experience this? How do they weight it psychologically? This information together with parental capacity information (see below) will help determine the future risks to the child (see analysis and assessment) The Care Team led by the agency caseworker need to ensure they are fully informed by child protection of the circumstances surrounding harm to the child to ensure that opportunities for harm are not unknowingly created through access arrangements or other informal contacts. Child s Stability Research has unequivocally identified that uncertainty, instability and disruption can have harmful effects on a child s wellbeing and development 18 Stability is the concept used to summarise the cluster of considerations referred to in the CYFA 19 for determining the best interests of the child in addition to the need to protect a child from harm, to protect his or her rights and to promote his or her development. Stability refers to the on going connections that children have within their surrounding environment. It is a vital component of every child s wellbeing and development. All services operating under the CYFA are expected to promote a child s stability in the course of their work by building or strengthening the child s: Connection to their parents or other primary carer 18 DHS Office for Children publication Guidance on promoting Children s Stability Final draft p.1 19 CYPA s10 (a) to (r) 25

26 Connection to family including their siblings, wider family and other significant adults (and including their birth family if a child is in out of home care) Connection to school and friends Connection to community Connection to culture (especially Aboriginal and other culturally and linguistically diverse cultures) Connection to primary caregivers This refers to the establishment and maintenance of a secure nurturing relationship with the child s parents or other primary carers. A secure nurturing relationship with at least one adult during infancy and early childhood is essential for a child s wellbeing. All children need secure attachments if they are to flourish and develop their potential. Attachment is defined as: an affectionate bond between two individuals that endures through space and time and serves to join them emotionally. 20 A child s early experience of this connection provides the best foundation for establishing positive relationships with others. Where parents are unable to care for their child, the establishment of a secure nurturing relationship with an alternative primary carer without delay is extremely important. This is an especially critical time for infants and in early childhood. Connection with primary carer can become increasingly difficult to achieve with multiple changes of primary carers. The strength of the connection to the child s parents or other primary carer may be evidenced by their attachment and bonding behaviour. Care must be taken to distinguish between bonding a term used to describe the relationship a parent makes with a child, and attachment a term used to describe the relationship a child makes with an adult. The parent or carers response to the child should complement attachment behaviour i.e a parent should be available and responsive to the child s needs, in ways that are appropriate to his or her age, stage of development, culture and gender. For Aboriginal children the cultural lens should be applied when gathering information about primary care givers, remembering that more than one person may have fulfilled this role along side the child s immediate parents. Similarly for CALD communities practitioners need to actively explore who has undertaken the primary care giver role and not assume that if it is not the child s immediate parent the role has been absent for the child. Family Services practitioners are expected to promote the stability of all children with whom they are working and focus on building the capacity of parents, carers and families to provide children with this stability. 20 Kennell (1976) quoted in Fahlberg, V (1981) Attachment and Separation 26