Toolkit for Safer Children

Transcription

1 Toolkit for Safer Children Nga Uri Whakatipu Our Children are Our Future

2 What s it all about? The Toolkit for Safer Children Schools and Communities has been designed to assist staff from Early Childhood, Primary, and Secondary Schools recognise and appropriately deal with, any child or young person who has, or is currently dealing with issues around family violence. As schools are very busy places the Toolkit has been kept simple. The material contained is practical, concise and easy to use, and in most cases contains common sense information that will already be known to staff. Lots of additional helpful information can be found on the Christchurch Methodist Mission website At the least this toolkit could provide a refresher to staff around issues relating to family violence and child abuse. This could include; reviewing and being aware of information and procedures within your school s health and safety policy recognising common indicators of abuse responding to disclosures of abuse and reviewing emergency contacts and procedures in the event of abuse being recognised Ideally however schools and staff could fully engage in the material in the toolkit by looking at the issues mentioned above, as well as; reviewing and updating relevant policy and procedures, if required participating in one of the training options available integrating and promoting an anti-violence message through curriculum teaching students about positive relationships and personal safety creating and fostering an anti-violence culture amongst staff and students providing resources for students and parents who want information or help on the topic of family violence and/or child abuse promoting your school s commitment to stopping family violence and child abuse in the community Supported by Healthy Christchurch

3 What s it all about? Contents 1. Emergency Contacts 1.1 List of Key Contacts Within Christchurch Key/Emergency Contacts Within Your School Policy and Legislation 2.1 Abuse Reporting Procedure Behaviour Management School Rules Formal Behaviour Plan Bullying Stand-down, Suspension, and Exclusion Procedures Privacy Privacy Guidelines Parents and the Privacy Act Care and Management of Children Children, Young Persons and their Families Act Official Information Act 1982 and Privacy Act Child Abuse 3.1 What Should You Do? Definitions and Examples of Child Abuse/Neglect Signs of Abuse and Neglect Responding to a Disclosure Questioning and Interviewing Short and Long Term Effects of Family Violence Inter-generational Behaviours Notifications to Child, Youth and Family Incident Report Form Referral Register and Cover Sheet Protocol between the Ministry of Ed. and Child, Youth & Family Toolkit for Safer Children Schools and Communities

4 What s it all about? 4. Ages and Stages 4.2 Age Appropriate Sexual Play and Sexualised Behaviour Green Light Behaviour Orange Light Behaviour Red Light Behaviour Information on Responding to Different Levels of Sexualised Behaviours Statistics 5.1 It s Not OK Campaign and the Family Violence Clearinghouse What is family violence? What works to prevent family violence? Gender symmetry - Differences in violence by men and women Violence in schools Statistics and Information from What s Up Kidsline Training 6.1 Training Opportunities for Teachers and School Staff Bullying 7.1 Action Against Bullying Why is it so Hard to Tell? What Parents Can Do Legal and Curriculum Requirements Responding to Bullying What Help is Available Resources 8.1 Nurturing Children Wheel Abuse of Children Wheel Equality Wheel The Four Steps to Healthy Feelings Resources for Students Resources for Parents and Caregivers Additional Resources on the Christchurch Methodist Misson Website...96 Toolkit for Safer Children Schools and Communities 3

5 What s it all about? Acknowledgments Thank you to all the people who have helped develop this Toolkit for Safer Children : Matt Williams for the idea, gathering all the information and developing the toolkit The Christchurch Methodist Mission for its support and for providing the opportunity to publish the Toolkit for Safer Children Healthy Christchurch Jigsaw All Schools, Tertiary Education and Early Childhood Centres who have participated in piloting the Toolkit for Safer Children : Aratupu Preschool & Nursery Barnardos Richmond Early Childhood Centre Cherry s Early Learning Centre Van Ash School for the Deaf West Spreydon School Aranui Primary School Wainoni School St. Andrew s College Marian College Linwood College Lincoln College Waimakariri Community Development Trust Jo Kinley at Hullaballoo Design for the design of the Toolkit for Safer Children All Government and Non-Government Organisations who have helped develop the Toolkit for Safer Children 4 Toolkit for Safer Children Schools and Communities

6 Emergency Contacts 1.1 List of Key Contacts Within Christchurch Christchurch Police Child Abuse Unit 111 (03) (03) Child, Youth and Family CYF 0508 FAMILY or Child Protection Service CPS - Canterbury DHB (03) Family Safety Team F.S.T. (03) Christchurch Women s Refuge REFUGE START Timataia te mahu-oranga (03) Sexual Abuse Specific Toolkit for Safer Children Schools and Communities 5

7 Emergency Contacts 1.2 Key/Emergency Contacts Within Your School Name: Ph./ext: Typical Location(s): Name: Ph./ext: Typical Location(s): Name: Ph./ext: Typical Location(s): Name: Ph./ext: Typical Location(s): Name: Ph./ext: Typical Location(s): Name: Ph./ext: Typical Location(s): 6 Toolkit for Safer Children Schools and Communities

8 Policy & Legislation Policy and Legislation including Privacy and Confidentiality This section has been included in the hope it can assist schools to create or update health and safety policies, especially those relating to the abuse of children. It includes a selection of relevant* sample policy and procedure material, relevant* sections of legislation and information on privacy and confidentiality. *relevant refers to information and issues relating to child abuse and family violence Included in this Section: 2.1 Abuse Reporting Procedure Behaviour Management School Rules Formal Behaviour Plan Bullying Stand-down, Suspension, and Exclusion Procedures Privacy Privacy Guidelines Parents and the Privacy Act Care and Management of Children Children, Young Persons and their Families Act Official Information Act 1982 and Privacy Act Toolkit for Safer Children Schools and Communities 7

9 Policy & Legislation 2.1 Abuse Reporting Procedure Sample Policy Our school is committed to the care and protection of its students. Staff must be receptive and sensitive to students so that students feel listened to and believed. Staff members are trained to recognise the definitions, symptoms and indicators of different forms of child abuse, including, neglect, physical, sexual, and emotional/psychological abuse. The Children, Young Persons and Their Families Act 1989, defines child abuse as; The harming (whether physically, emotionally or sexually), ill-treatment, abuse, neglect or deprivation of any child or young person. The Act states that; any person who believes that any child or young person has been, or is likely to be, harmed (physically, emotionally, or sexually), ill-treated, abused, neglected, or deprived, may report the matter to a social worker or a member of the police. Unless the information was disclosed or supplied in bad faith, the person making the disclosure cannot be prosecuted. If you believe a student is being abused, act immediately to ensure their safety. Listen to the student and reassure him or her, but do not make any promises or commitments. Ensure that any information or disclosures made by the student are written down. Ensure that there is a responsible adult at the school who is available to the student throughout the investigation, and afterwards. Do not formally interview the student. Only obtain necessary and relevant facts. If clarification is needed, write down exactly what the student says. It is recommended, but not mandatory, to inform the principal (or acting principal) and agree on an appropriate course of action. Make a referral to Child, Youth and Family by calling their national call centre After making the referral, get support for yourself from an appropriate support person, if needed. Any person can make a direct referral to the Police, or Child, Youth and Family, if they believe a child is being abused. For more information see Definitions and Examples/Indicators of Abuse. 8 Toolkit for Safer Children Schools and Communities

10 Policy & Legislation 2.2 Behaviour Management Sample Policy All schools have discipline issues and will experience incidents from time to time. Managing behaviour relies on consistently applying both a formal behaviour plan and strategies to promote positive student behaviour. Difficult students may need to be dealt with outside the formal behaviour plan and may require individual programmes and strategies. These can be devised with parents and staff, and if necessary outside agencies. Objectives Teachers maintain positive classroom climates and relationships with pupils. The school develops a clear statement of what acceptable and unacceptable behaviour is. This in turn needs to be known to all staff, parents, and students, and displayed in classrooms and other visible places around the school. The school consistently applies a formal behaviour plan in all cases where there is unacceptable behaviour. In cases where unacceptable behaviour is extreme and persistent, the school actions the procedures outlined by the Ministry of Education for the stand-down, suspension, or exclusion of pupils. 2.3 School Rules Sample Policy Take responsibility and make appropriate choices for your own actions and behaviours. Treat others with respect and fairness. Demonstrate our school s values and beliefs both in and out of the classroom. Work and play safely at all times. Treat our school environment with care and respect. Toolkit for Safer Children Schools and Communities 9

11 Policy & Legislation 2.4 Formal Behaviour Plan Sample Policy All members of the Community, including students, school staff and parents, are expected to behave respectfully and in turn will be respected. We understand the school s expectations for behaviour and the consequences that will be applied when expectations are not met. Our school will endeavour to develop quality relationships with each other which in turn will enhance behaviour in our school. Interventions will be consistent, manageable and meaningful, and have an emphasis on self responsibility and acknowledging acceptable behaviours. Behaviour Management is effective when all parties (within the school community) share the same beliefs, take ownership and consistently implement the behavioural rules/guidelines. In the Classroom > > The Code of Behaviour is displayed in each classroom and discussed with students on a regular basis throughout each year. This applies more so when specific incidents around behaviour arise. The school s qualities are taught and reinforced with children each term. Positive behaviours that demonstrate these values are explained and modelled regularly. Teachers use the school s prescribed behavioural management steps for students not meeting expected behaviours within the classroom. Individual teachers establish class guidelines, charters or rules, in consultation with their students (where possible), which reflect the values of the school and the Code of Behaviour. Positive behaviours are actively demonstrated and promoted. Teachers emphasise the certainty and consistency of consequences rather than the severity. Achievement credits, awards, and privilege may be given to students meeting or exceeding behavioural and academic expectations. In the Playground > > The values and expectations of the school and the Code of Behaviour are regularly reinforced through discussion and modelling. Teachers refer to the school s behaviour consequence resources and information to guide actions and maintain consistency. Incidents and the measures taken as a result are recorded and coded on the appropriate sheet in the duty book. These are then monitored to identify possible trends. Extreme behaviours are reported immediately to senior staff and/or staff nominated for this purpose. The school uses the least intrusive and most effective discipline / behaviour management strategy where possible. Positive behaviours are actively demonstrated and promoted. Teachers emphasise the certainty and consistency of consequences rather than the severity. 10 Toolkit for Safer Children Schools and Communities

12 Policy & Legislation 2.5 Bullying Sample Policy Bullying is a form of harassment, and usually refers to types of intimidating behaviour and interactions between school students. It is deliberate, hurtful behaviour that is often repeated, or continues over a period of time. It is difficult for those being bullied to defend themselves. All members of the school, including students themselves, have a responsibility to recognise bullying and to take action when they are aware of it happening. Students should be encouraged to tell a staff member or responsible adult about bullying. Bullying incidents and behaviour should be dealt with through the school s behaviour plan and the systems in place within it. Any bullying incidents that involve staff and students should be dealt with using the schools Harassment Policy/Procedure The school s bullying policy enables us to: identify bullying/intimidatory behaviour prevent bullying behaviour within the school provide guidelines for dealing with bullying maintain a zero tolerance for bullying. Examples of bullying behaviour include: hitting (using body parts and/or other weapons e.g. sticks) kicking taking belongings name-calling insulting racist remarks spreading nasty stories excluding from groups threats stand over tactics. The above behaviours can vary i.e. verbal, physical, texting, /cyber bullying etc Visit the following sites for advice, information, and resources for tackling bullying, including text bullying: > > NetSafe > > No Bully > > Team-up > > NZ Police Toolkit for Safer Children Schools and Communities 11

13 Policy & Legislation 2.6 Stand-down, Suspension, and Exclusion Procedures Sample Policy All New Zealanders between the ages of 5 and 19 have the right to a free education under section 3 of the Education Act, Between the ages of 6 and 16 it is compulsory for students to attend school. From time to time it is necessary to stand down or suspend a student from school for his/her own safety and/ or to enable other students to pursue their education without severe and/or repeated interruption from another student. A student so stood down or suspended continues to have a right to an education and is required to attend until the age of 16. These definitions are taken from the Ministry of Education website Stand-down means the formal removal of a student from school for a specified period. Stand-downs of a particular student can total no more than five school days in a term or ten school days in a year. Suspension means the formal removal of a student from school until the board of trustees decides the outcome at a suspension meeting. Following a suspension, the board may decide to: lift the suspension without conditions lift the suspension with reasonable conditions extend the suspension with reasonable conditions for a reasonable period exclude or expel the student. Exclusion means the formal removal of a student aged 16 or under from the school. The principal is usually the person with the delegated authority to stand-down or suspend a student. The principles of natural justice must be applied to any process leading to stand down or suspend a student. There must be sufficient grounds to warrant any stand-down or suspension, and the rights of the student and any parent/caregiver must be recognised throughout the process. There is a clear procedure which must be followed. See Guidelines for Principals and Boards of Trustees on Stand-downs, Suspension, Exclusions and Expulsions on the Ministry of Education web site for comprehensive information and resources. StandDownSuspensionExclusionExpulsions/SuspensionLegalGuideWEB.pdf 12 Toolkit for Safer Children Schools and Communities

14 Policy & Legislation 2.7 Privacy Sample Policy The Privacy Policy enables us to promote and protect the privacy of all individuals associated with the school, i.e. students, staff, parents and any others. The policy follows the key principles of the Privacy Act, 1993, which describe how we may collect, use, and store personal information. The Act also created the position of Privacy Commissioner to administer it. Among the many functions of the Privacy Commissioner s Office is that of investigating any alleged breaches of the Privacy Act. Each school has a privacy officer who deals with requests for personal information, and who, if required, liaises with the Privacy Commissioner in any investigations. At our school the role belongs to. The policy gives us guidelines about: how we collect and store information what information we collect how we use and disclose information about individuals how individuals may access information relating to them that is held by the school how to manage the rights of parents regarding information about their child. Relevant Legislation: Privacy Act, Official Information Act, Education Act, Children, Young Persons and their Families Act, Toolkit for Safer Children Schools and Communities 13

15 Policy & Legislation 2.8 Privacy Guidelines The Act is primarily concerned with good information handling practices, and is made up of information privacy principles. These principles are summarised in the following guidelines. The number in brackets after each guideline refers to the relevant information privacy principle. Guidelines for collecting, using and storing personal information: When we collect information we make the purpose known, and only collect it: for purposes connected with the function of the school, and only when it is necessary to have this information directly from the person concerned, unless it is publicly available from elsewhere in as unobtrusive a manner as possible. [1,3,4] In general, we collect information directly from the person concerned unless it is publicly available from elsewhere or the person s interests are not prejudiced when we collect the information from elsewhere. [2] We have reasonable safeguards in place to protect information from loss, unauthorised access, use, or disclosure. These safeguards include the use of individual logins for computers, and lockable filing cabinets. [5] If an individual wants access to information we hold about them, we provide it. Individuals may request correction of this information or, when not corrected, that a record of the request is attached to the information. [6,7] We take reasonable steps to make sure personal information is correct, up to date, relevant and not misleading. [8] We only keep information for as long as it is needed, and for the purposes for which it was obtained. When a student moves to a new school and their records are requested, we cull the file and forward the remaining relevant information.[9] Information is only used for the purposes for which it was obtained except in certain circumstances (for example, for statistical purposes where the person s identity is not disclosed). [10] As a general rule, information about any person is not given to a third party without the person s knowledge, unless: the information is already publicly available it is being passed on in connection with a purpose for which it was obtained, for example, to the student s new school. the right to privacy is over-ridden by other legislation it is necessary for the protection of individual or public health and safety. [11] For most purposes, the best guide is to use good sense and to treat information about people with great respect. 14 Toolkit for Safer Children Schools and Communities

16 Policy & Legislation 2.9 Parents and the Privacy Act Sample Policy State and integrated schools must observe the Privacy Act, the Official Information Act and the Education Act. Under the Privacy Act, individuals are entitled to access personal information held about them. There is no age limit to this; children and young people have the same rights as everyone else. This means that parents have no automatic right to access all of the information the school may hold about their child. Parents and guardians are entitled to access educational information, and are usually able to access other information if they request it, through the provisions of the Official Information Act. This act overrides the Privacy Act in most circumstances. In considering a request from a parent, the school must consider the following: Is it information that the parent has a right to; for instance, about their child s academic progress, or is it information the child has a right to keep private? Is the parent acting as the child s representative, or acting without the child s consent? Is the child of an age or maturity that allows them to decide to give consent or not? Is disclosure of the information a breach of the child s confidentiality? Is it in the child s best interest? Does other legislation affect the decision? For example, the Education Act, 1989, requires principals to tell parents about matters which are preventing or slowing a student s progress at school, or harming the student s relationships with teachers or other students. In practice there are very few occasions when a school would be justified in withholding any information from a parent. One example of such a situation might be a child at school who finally has confidence to confide in a counsellor who is trying to help the child and the child insists that the parents or (perhaps in a situation of abuse), a particular parent, are not to be told the child s information by the counsellor. A counsellor is required to respect and consider the wishes of the child. When in doubt, seek advice. A good place to start is the Office of the Privacy Commissioner. In the case of separated parents, each parent is entitled to educational information about their child, for example, school reports. These should be provided unless there is a Court Order preventing it. It is the responsibility of the custodial parent to alert the school of any such order. Parents have no automatic right to request corrections of information held about their child. The school, however, is bound by the principles of the Privacy Act and one of them is to endeavour to keep information about a person up-to-date and correct. If a parent points out that information is incorrect, the school should correct it. Parents are not entitled to information about other parents, or students who are not their own children. Toolkit for Safer Children Schools and Communities 15

17 Policy & Legislation 2.10 Care and Management of Children Sample Policy All students are treated with care, courtesy and appropriate language. Teachers avoid physical contact with students which could be considered intimate, threatening, sexual, or violent. Corporal punishment is prohibited. If a child leaves the school without permission or goes missing during the school day, the missing student protocol is immediately followed. Teachers take particular care with students who express themselves freely and seek close physical contact. When this is a problem, it is always discussed with the child s parents. When staff are counselling or teaching a student one to one, they ensure that the space is not closed off from other people. If a student cannot be restrained in any other way, the adult physically restrains the student as appropriately as possible, and seeks other adult support. If a teacher is attacked by a student, they protect themselves without causing injury to the student involved, and immediately report this incident to the principal. Schools and staff have a professional responsibility to report any allegations of indecency, abuse, or other professional misconduct to the principal, or deputy principal or NZEI networks. Toileting of special needs students is only carried out by an appropriate teacher or a trained support staff member and another staff member is informed. 16 Toolkit for Safer Children Schools and Communities

18 Policy & Legislation 2.11 Children, Young Persons and their Families Act 1989 Reprinted as at 1 October Summary. For the full act visit: Interpretation An Act to reform the law relating to children and young persons who are in need of care or protection or who offend against the law and, in particular, - a) To advance the wellbeing of families and the wellbeing of children and young persons as members of families, whanau, hapu, iwi, and family groups: b) To make provision for families, whanau, hapu, iwi, and family groups to receive assistance in caring for their children and young persons: c) To make provision for matters relating to children and young persons who are in need of care or protection or who have offended against the law to be resolved, wherever possible, by their own family, whanau, hapu, iwi, or family group: d) To repeal the Children and Young Persons Act 1974 Principles 13 Principles Subject to sections 5 and 6 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part 3 or Part 3A or sections 341 to 350 of this Act shall be guided by the following principles: (a) The principle that children and young persons must be protected from harm, their rights upheld, and their welfare promoted: (b) The principle that the primary role in caring for and protecting a child or young person lies with the child s or young person s family, whanau, hapu, iwi, and family group, and that accordingly (i) A child s or young person s family, whanau, hapu, iwi, and family group should be supported, assisted, and protected as much as possible; and (ii) Intervention into family life should be the minimum necessary to ensure a child s or young person s safety and protection: Toolkit for Safer Children Schools and Communities 17

19 Policy & Legislation (c) The principle that it is desirable that a child or young person live in association with his or her family, whanau, hapu, iwi, and family group, and that his or her education, training, or employment be allowed to continue without interruption or disturbance: (d) Where a child or young person is considered to be in need of care or protection, the principle that, wherever practicable, the necessary assistance and support should be provided to enable the child or young person to be cared for and protected within his or her own family, whanau, hapu, iwi, and family group: (e) The principle that a child or young person should be removed from his or her family, whanau, hapu, iwi, and family group only if there is a serious risk of harm to the child or young person: (f) Where a child or young person is removed from his or her family, whanau, hapu, iwi, and family group, the principles that, (i) Wherever practicable, the child or young person should be returned to, and protected from harm within, that family, whanau, hapu, iwi, and family group; and (ii) Where the child or young person cannot immediately be returned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, until the child or young person can be so returned and protected he or she should, wherever practicable, live in an appropriate family-like setting (A) That, where appropriate, is in the same locality as that in which the child or young person was living; and (B) In which the child s or young person s links with his or her family, whanau, hapu, iwi, and family group are maintained and strengthened; and (iii) Where the child or young person cannot be returned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, the child or young person should live in a new family group, or (in the case of a young person) in an appropriate family-like setting, in which he or she can develop a sense of belonging, and in which his or her sense of continuity and his or her personal and cultural identity are maintained: (g) Where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that, in determining the person in whose care the child or young person should be placed, priority should, where practicable, be given to a person (i) Who is a member of the child s or young person s hapu or iwi (with preference being given to hapu members), or, if that is not possible, who has the same tribal, racial, ethnic, or cultural background as the child or young person; and (ii) Who lives in the same locality as the child or young person: 18 Toolkit for Safer Children Schools and Communities

20 Policy & Legislation (h) Where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that the child or young person should be given an opportunity to develop a significant psychological attachment to the person in whose care the child or young person is placed: (i) Where a child is considered to be in need of care or protection on the ground specified in section 14(1)(e) of this Act, the principle set out in section 208(g) of this Act. Definition of child or young person in need of care or protection 14 Definition of child or young person in need of care or protection (1) A child or young person is in need of care or protection within the meaning of this Part of this Act if (a) The child or young person is being, or is likely to be, harmed (whether physically or emotionally or sexually), ill-treated, abused, or seriously deprived; or (b) The child s or young person s development or physical or mental or emotional wellbeing is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, serious and avoidable; or (c) Serious differences exist between the child or young person and the parents or guardians or other persons having the care of the child or young person to such an extent that the physical or mental or emotional wellbeing of the child or young person is being seriously impaired; or (d) The child or young person has behaved, or is behaving, in a manner that (i) Is, or is likely to be, harmful to the physical or mental or emotional wellbeing of the child or young person or to others; and (ii) The child s or young person s parents or guardians, or the persons having the care of the child or young person, are unable or unwilling to control; or (e) In the case of a child of or over the age of 10 years and under 14 years, the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; or (f) The parents or guardians or other persons having the care of the child or young person are unwilling or unable to care for the child or young person; or (g) The parents or guardians or other persons having the care of the child or young person have abandoned the child or young person; or Toolkit for Safer Children Schools and Communities 19

21 Policy & Legislation (h) Serious differences exist between a parent, guardian, or other person having the care of the child or young person and any other parent, guardian, or other person having the care of the child or young person to such an extent that the physical or mental or emotional wellbeing of the child or young person is being seriously impaired; or (i) The ability of the child or young person to form a significant psychological attachment to the person or persons having the care of the child or young person is being, or is likely to be, seriously impaired because of the number of occasions on which the child or young person has been in the care or charge of a person (not being a person specified in subsection (2) of this section) for the purposes of maintaining the child or young person apart from the child s or young person s parents or guardians. (2) The persons referred to in subsection (1)(i) of this section are as follows: (a) Any person who has custody of the child or young person pursuant to the order of any Court, whether or not that Court is a Court within the meaning of this Act: (b) Any person who has the child or young person in that person s care (i) Pursuant to an agreement under section 139 or section 140 or section 141 or section 142 of this Act; or (ii) For the purpose of adoption, and the requirements of section 6 of the Adoption Act 1955 are being complied with: (c) any person who is caring for the child or young person in (i) any residential accommodation provided for children or young persons attending a registered school within the meaning of the Education Act 1989: (ii) a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act Reporting of child abuse 15 Reporting of ill-treatment or neglect of child or young person Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated, abused, neglected, or deprived may report the matter to a Social Worker or a member of the Police. 20 Toolkit for Safer Children Schools and Communities

22 Policy & Legislation 16 Protection of person reporting ill-treatment or neglect of child or young person No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person pursuant to section 15 of this Act of information concerning a child or young person (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith. 17 Investigation of report of ill-treatment or neglect of child or young person (1) Where any Social Worker or member of the Police receives a report pursuant to section 15 of this Act relating to a child or young person, that Social Worker or member of the Police shall, as soon as practicable after receiving the report, undertake or arrange for the undertaking of such investigation as may be necessary or desirable into the matters contained in the report and shall, as soon as practicable after the investigation has commenced, consult with a Care and Protection Resource Panel in relation to the investigation. (2) Where, after an investigation under subsection (1) of this section into the matters contained in a report under section 15 of this Act, the Social Worker or member of the Police to whom the report was made reasonably believes that the child or young person to whom the report relates is in need of care or protection, that Social Worker or member of the Police shall, as soon as practicable, notify a Care and Protection Co-ordinator of those matters in accordance with section 18 of this Act. (3) Where any person receives a report pursuant to section 15 of this Act relating to a child or young person, that person shall, as soon as practicable after (a) That report is investigated under subsection (1) of this section; or (b) A decision is made not to investigate the report, unless it is impracticable or undesirable to do so, inform the person who made the report whether or not the report has been investigated and, if so, whether any further action has been taken with respect to it. 19 Referral of care or protection cases to care and protection co-ordinator by other persons or by court (1) Where (a) After inquiry, any body or organisation (including a Government department or other agency of the Crown, or a local authority) concerned with the welfare of children and young persons; or (b) In any proceedings, any court believes that any child or young person is in need of care or protection on one or more of the grounds specified in section 14(1) of this Act, that body, organisation, or court may refer the matter to a Care and Protection Co-ordinator. Toolkit for Safer Children Schools and Communities 21

23 Policy & Legislation (1A) Every referral pursuant to subsection (1) of this section shall be accompanied by (a) A statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and (b) Particulars sufficient to identify any person, body, or organisation that might be contacted to substantiate that belief; and (c) A statement indicating whether or not the referral is being made with the consent or knowledge of (i) The parents or guardians or other persons having the care of the child or young person to whom the referral relates; or (ii) The family, whanau, or family group of that child or young person; and (d) Any recommendation as to the course of action the Care and Protection Co-ordinator might take in respect of the referral. (2) Every Care and Protection Co-ordinator to whom a case is referred pursuant to subsection (1) of this section shall, where it appears to that Care and Protection Co-ordinator to be necessary to do so, (a) Except where paragraph (b) of this subsection applies, convene a family group conference in accordance with section 20 of this Act; or (b) Where the child is believed to be in need of care or protection on the ground specified in section 14(1)(e) of this Act, report the matter to the appropriate enforcement agency; or (c) Take such other action as is appropriate in the circumstances. (3) For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2)(a) of this section, a Care and Protection Co-ordinator may arrange for a case to be investigated by a Social Worker. (4) Every Care and Protection Co-ordinator to whom a case is referred pursuant to subsection(1) of this section by a Court shall, (a) Within 28 days after receiving that referral, furnish to the Court a written report stating (i) What action (if any) has been taken with respect to the case as a result of the referral; and 22 Toolkit for Safer Children Schools and Communities

24 Policy & Legislation (ii) If any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and (iii) What further action (if any) is proposed with respect to the case, and, if any such action is proposed, when that action is likely to be completed; and (b) Subject to paragraph (c) of this subsection, where the report furnished pursuant to paragraph (a) of this subsection indicates that further action is proposed with respect to the case, within 28 days of the furnishing of that report, furnish to the court a written report stating (i) What progress (if any) has been made with respect to that action; and (ii) When that action is likely to be completed; and (c) Where the report furnished pursuant to paragraph (a) of this subsection indicates that further action is proposed with respect to the case, on the completion of that action, furnish to the court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved. Production of documents relevant to investigation 66 Government Departments may be required to supply information (1) Every Government Department, agent, or instrument of the Crown and every statutory body shall, when required, supply to every Care and Protection Co-ordinator, Social Worker, or member of the Police such information as it has in its possession relating to any child or young person where that information is required (a) For the purposes of determining whether that child or young person is in need of care or protection (other than on the ground specified in section 14(1)(e) of this Act); or (b) For the purposes of any proceedings under this Part of this Act. (2) No information obtained pursuant to subsection (1) of this section (a) Shall be used for the purposes of investigating any offence: (b) Shall be admissible as evidence in any proceedings other than proceedings under this Part of this Act. (3) Nothing in subsection (1) of this section limits or affects the Official Information Act Toolkit for Safer Children Schools and Communities 23

25 Policy & Legislation 2.12 Official Information Act 1982 and Privacy Act 1993 Release of Notifier Details in Relation to Child, Youth and Family Notifications Child, Youth and Family will not generally release the name of a Notifier (whether a member of the public or a Ministry staff member) unless the information is requested under the Official Information Act 1982 or the Privacy Act Members of the public will not have their names released (in most circumstances) when requests are made. Accordingly, the names of people who have made notifications to Child, Youth and Family are not able to be withheld following a request unless there is an actual threat to that person s safety. The ground for withholding a person s name in instances where there is in fact a reasonable threat to safety is section 27(1)(d) of the Privacy Act. 27 Security, defence, international relations, etc. 1) An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely a) To prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or b) To prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by i) The government of any other country or any agency of such a government; or ii) Any international organisation; or c) To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or d) To endanger the safety of any individual. The notification report makes provision for the Notifier to provide reasons to support the withholding of their details under Section 27(1)(d) of the Privacy Act. Such reasons may include: The client has a history of violence and has threatened or abused staff on previous occasions; or The client is closely related to the Notifier. 24 Toolkit for Safer Children Schools and Communities

26 Policy & Legislation In summary, a person s name will not normally be released in the absence of a request under the Official Information Act or Privacy Act. If a request is made the information will be released unless there is a reason to withhold (as outlined above). We cannot guarantee confidentiality of a Notifier even if a request is made and the information withheld under section 27(1)(d). There may be some circumstances where the Family Court may require that the records in question be produced to the Court, or a complaint could be laid with the Ombudsman or Privacy Commissioner and an investigation occurs which may conclude that the Ministry is required to release the information. Such circumstances would however be rare. Toolkit for Safer Children Schools and Communities 25

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28 Child Abuse Information and Guidelines About Responding to Child Abuse The material in this section provides information on how to identify and respond to various forms of child abuse. It also details the process around Child, Youth and Family notifications. Also included is information on the effects of family violence and childhood trauma, in relation to inter-generational behaviours, and relevant documentation forms. Included in this Section: 3.1 What Should You Do? Definitions and Examples of Child Abuse/Neglect Signs of Abuse and Neglect Responding to a Disclosure Questioning and Interviewing Short and Long Term Effects of Family Violence Inter-generational Behaviours Notifications to Child, Youth and Family Incident Report Form Referral Register and Cover Sheet Protocol between the Ministry of Ed. and Child, Youth & Family Toolkit for Safer Children Schools and Communities 27

29 Child Abuse 3.1 What Should You Do? Types of Abuse Include: Neglect, Physical Abuse, Emotional Neglect/Abuse, Sexual Abuse STAFF MEMBER HAS CONCERNS ABOUT A CHILD S WELFARE Listen to the student and respond accordingly (see chart responding to a disclosure) MAJOR CONCERN MODERATE CONCERN LOW / NO CONCERN Valid Care and Protection concerns established Moderate/Low level Care and Protection concerns established No longer has Care and Protection concerns Document key information (see reporting/documentation form) Inform the Principal and/or a Senior Staff Member Document key information (see reporting/documentation form) Inform the Principal and/or a Senior Staff Member No action needed. The staff member may suggest a referral to a relevant external agency (see services list/brochures within this kit) The Principal, Senior Staff Member, or Staff member with concerns* will then report to and seek advice from Child Youth and Family assess the situation and the current safety of the child make an appropriate statutory referral Further action will then be taken based on the statutory agency s advice The Principal, Senior Staff Member, or Staff member with concerns* will then make an appropriate non-statutory referral Further action will then be taken based on the non-statutory agency s advice Support for the relevant people will then be sought by the agency involved as well as the school *Staff member with concerns Anyone with concerns about a child/young person s well-being CAN make a referral to CYFS. It is not limited to principals or senior staff, however it is advised that staff discuss any potential referrals with the principal or a senior staff member. 28 Toolkit for Safer Children Schools and Communities

30 3.2 Definitions and Examples of Child Abuse/Neglect Type of Abuse/ Neglect Definition Examples may include but are NOT restricted to: Neglect (detrimental environment) Any act or omission that results in impaired physical functioning, injury, and/or development of a child or young person. Physical neglect failure to provide the necessities to sustain the life or health of the child or young person. Neglectful supervision failure to provide developmentally appropriate and/or legally required supervision of the child or young person, leading to an increased risk of harm. Medical neglect failure to seek, obtain or follow through with medical care for the child or young person resulting in their impaired function and/or development. Abandonment leaving child or young person in any situation without arranging necessary care for them and with no intention of returning Refusal to assume parental responsibility unwillingness or inability to provide appropriate care or control for a child or young person. Physical Abuse Any act or acts that result in inflicted injury to a child or young person. Bruises and welts Cuts and abrasions Fractures or sprains Abdominal injuries Head injuries Injuries to internal organs Strangulation or suffocation Poisoning Burns or scalds Non-organic failure to thrive Fabricated or induced illness by carers Emotional/ Psychological Abuse Any act or omission that results in impaired psychological, social, intellectual and/ or emotional functioning and development of a child or young person. Rejection, isolation or oppression Deprivation of affection or cognitive stimulation Inappropriate and continued criticism, threats, humiliation, accusations, expectations of, or towards, the child or young person Exposure to family violence Corruption of the child or young person through exposure to, or involvement in, illegal or anti-social activities The negative impact of the mental or emotional condition of the parent or caregiver The negative impact of substance abuse by anyone living in the same residence as the child or young person Sexual Abuse Any act or acts that result in the sexual exploitation of a child or young person, whether consensual or not. Non-contact abuse: Exhibitionism Voyeurism Suggestive behaviours or comments Exposure to pornographic material Inappropriate photography Contact abuse: Touching breasts, genital/anal fondling Masturbation Oral sex Object or finger penetration of the anus or genitalia Penile penetration of the anus or genitalia Encouraging the child/young person to perform such acts on the perpetrator Involvement of the child or young person in activities for the purposes of pornography or prostitution Toolkit for Safer Children Schools and Communities 29

31 Child Abuse 3.3 Signs of Abuse and Neglect What to be aware of when you suspect abuse. Disclosure is often a Sign of Abuse Investigate physical signs Bruises and welts Pregnancy Abdominal injuries Cuts and abrasions Failure to thrive Genital injuries Scalds and burns Malnutrition STD s/sti s Fractures Dehydration Poor circulation Head injuries Suffocation Poisoning Inadequate hygiene Examine parent, caregiver or family signs if possible Inappropriate or inconsistent discipline Exposure to family violence Unrealistic expectations Isolating from family Rejecting Dependency Neglecting Terrorising Corrupting Humiliating Flight Closure Oppressing Observe behavioural signs Suicidal thoughts or plans Anxiety and regression Frozen watchfulness Defiance Aggression Obsessions Overly responsible Withdrawal Sexual behaviour Substance abuse Self mutilation Fear Sadness Identify development signs Unusual development patterns Overall development delay Specific delay i.e. Motor, Emotional, Speech and Language, Social, Cognitive, Vision and Hearing Children and Young People Recognising Disclosure May Help to Determine: Physical Abuse, Emotional Abuse, Neglect, Sexual Abuse and/or Multiple Abuse Types 30 Toolkit for Safer Children Schools and Communities