Responding to Suspected Child Abuse Policy

Transcription

1 Responding to Suspected Child Abuse Policy Effective Date October 2014 Author / Owner Functional Area Purpose Scope General Manager People and Culture People and Culture To promote the care and protection of children and young people in Camp Quality s care All Camp Quality employees, volunteers and all involved persons Reference and Association Reference Documents Associated Policies Approval Date October Code of Conduct 2. Family Code of Care 3. Suspected Child Abuse Report Form 4. Safeguarding Children Screening Directory 1. Employee Recruitment Policy 2. Volunteers Recruitment Policy 3. Privacy Policy 4. Safeguarding Children and Young People Policy 5. Working with Children Check Policy Review Date May Policy Statement Camp Quality recognises that all children and young people have the right to develop and reach their potential in environments that are caring, nurturing and safe. Camp Quality considers any form of child/young person abuse, inclusive of emotional, physical, sexual abuse or neglect, as intolerable under any circumstances. Camp Quality has a legal and moral responsibility to protect children and young people from harm and to ensure that any incidents of suspected child abuse are promptly and appropriately dealt with. 2. Definitions 2.1. Child: A child means every human being below the age of sixteen years (NSW Children & Young Persons Act 1998 No. 157) Young Person: Means a person who is aged 16 years or above but who is under the age of 18 years (NSW Children & Young Persons Act 1998 No. 157) Involved persons: Individuals who represent or attend Camp Quality events, e.g. corporate/community volunteers Mandatory Reporter: Mandatory Reporters are individuals from certain professions who are mandated/legislatively required to report certain types of child abuse directly to government authorities, examples these professions include teachers, police, nurses, etc. Responding to Suspected Child Abuse Policy Page 1 of 8

2 3. Responsibilities 3.1. Board of Directors Are legally responsible for ensuring appropriate policies and practices are in place to minimise the risk of child abuse, and appropriately respond to suspected allegations Required to understand and act in line with Camp Quality s Safe Guarding Children and Young People-related policies and the Code of Conduct. Including reporting any suspected child abuse (whether the suspected perpetrator is within or outside of Camp Quality) to the Child Protection Officer Required to promote best practice in Safe Guarding Children and Young People and promptly respond to any advice received from any state/territory child protection authority or the Australian Childhood Foundation (ACF) In conjunction with the Chief Executive Officer (CEO), are responsible for ensuring Safe Guarding Children and Young People-related policies and practices are reviewed bi-annually Chief Executive Officer (CEO) Is accountable to the Board of Directors for ensuring that appropriate policies and practices are implemented, monitored, reported on and evaluated in a timely and diligent manner. Including the review of safeguarding children-related policies and practices annually As a Camp Quality Child Protection Officer, is required to understand and act in line with Camp Quality s safeguarding children-related policies and the Code of Conduct. Including reporting any suspected child abuse to the relevant state/territory child protection authority (whether the suspected perpetrator is within or outside of Camp Quality) Required to promote safeguarding children and promptly respond to any changes to legislation or advice received from any state/territory child protection authority or the Australian Childhood Foundation, and that changes are promptly brought to the attention of the Board Fully cooperate with all relevant state/territory child protection authorities or other recognised bodies in their investigations of suspected child abuse Ensure that access to training and development and emotional support (access to an independent counsellor) is provided to employees and volunteers Manage inquiries, including the media, relating to suspected child abuse Child Protection Officers (CPO) There are four Camp Quality Child Protection Officers: o The CEO o General Manager People and Culture o General Manager Programs and Community Fundraising o Volunteer and Recreation Senior Advisor Are required to understand and act in line with Camp Quality s Safeguarding Children and Young People related policies and Code of Conduct. Including reporting any suspected child abuse to the relevant state/territory child protection authority, police department and/or the ACF (whether the suspected perpetrator is within or outside of Camp Quality) Fully cooperate with all relevant state/territory child protection authorities or other recognised bodies in their investigations of suspected child abuse Are required to ensure that the Camp Quality Safety and Child Protection Hotline is answered at all times. Responding to Suspected Child Abuse Policy Page 2 of 8

3 3.4. Volunteer and Recreation Senior Advisor Additional to the responsibilities of the CPO, they are required to: Promote safeguarding children and promptly respond to any changes to legislation or advice received from any state/territory child protection authority or the Australian Childhood Foundation, and that changes are promptly brought to the attention of the Board Ensure that appropriate policies and practices are reviewed regularly and access to appropriate training and development is provided for all involved parties Be the key contact for employees, volunteers, parents and children on any safeguarding children matter Directly liaise with state/territory child protection authorities and other recognised bodies in their investigations of suspected child abuse Be the key contact for the ACF and meet auditing compliance requirements Required to investigate any suspected child abuse that involves a Camp Quality child or young person, employee, volunteer or involved parties Ensuring that employees and volunteers are recruited inline with the relevant Recruitment Policies and that all employees and volunteers have the required Working with Children s or Police Checks that are current and are clear of any child related matters Employees and Volunteers Are required to understand and act in line with Camp Quality s Safe Guarding Children and Young People-related policies and Code of Conduct. Including reporting any suspected child abuse to the Child Protection Officer (whether the suspected perpetuator is within or outside Camp Quality) Must promote Safe Guarding Children and Young People policies and practices Are required attend appropriate training and development as required Managers are responsible for recruiting employees in line with Safe Guarding Children and Young People-related policies and the Recruitment Policy, and employees are responsible for recruiting volunteers in line with Safe Guarding Children and Young People-related policies and the Volunteer Recruitment Policy Parents/Guardians and family members over 18 years Are expected to understand and act in line with Camp Quality s Safe Guarding Children and Young People-related policies and the Family Code of Care. Including reporting any suspected child abuse to the Child Protection Officer (whether the suspected perpetuator is within or outside Camp Quality) To promote Safe Guarding Children and Young People policies and practices. 4. Policy Practice and Procedure 4.1. Chid abuse Child abuse and neglect refers to any non-accidental behaviour by parents, caregivers, other adults or older adolescents that is outside the norms of conduct and entails a substantial risk of causing physical or emotional harm to a child or young person. Child abuse can be categorised as physical, sexual, emotional, neglect and exposure to family violence. (Child Family Community Australia) Responding to Suspected Child Abuse Policy Page 3 of 8

4 Physical Abuse Refers to the non-accidental use of physical force against a child that results in harm. The harm may be a result of intentional or unintentional force, e.g. physical punishment that results in bruising would generally be considered physical abuse. Behaviours include shoving, hitting, slapping, shaking, throwing, punching, kicking, biting, burning, strangling and poisoning Sexual Abuse Refers to the use of a child for sexual gratification by an adult or significantly older child/adolescent. Behaviours can be physical or nonphysical and can include fondling genitals, masturbation, oral sex, vaginal or anal penetration by a penis, finger or any other object, fondling of breasts, voyeurism, exhibitionism and exposing the child to or involving the child in pornography Emotional Abuse Refers to a parent or caregiver's inappropriate verbal or symbolic acts toward a child and/or a pattern of failure over time to provide a child with adequate non-physical nurture and emotional availability. Emotional abuse is also sometimes known as emotional maltreatment, psychological maltreatment or psychological abuse. It is worth noting that emotional abuse can be considered a form of neglect. Behaviours include rejecting, isolating, terrorizing, ignoring and corrupting Neglect Refers to the failure by a parent or caregiver to provide a child (where they are in a position to do so) with the conditions that are culturally accepted as being essential for their physical and emotional development and wellbeing. Behaviours can be classified as physical, emotional, educational, and environmental Exposure to Family Violence Refers to a child being present (hearing or seeing) a parent or sibling subjected to physical, sexual or emotional abuse, or is visually exposed to the damage caused to persons or property by a family member's violent behaviour. 5. Responding to Suspected Child Abuse If an employee, volunteer, parent or involved persons has reasonable grounds to suspect a child is at risk of harm (whether the suspected perpetrator is within or external to Camp Quality) they are required to immediately report this to Camp Quality s safety and child protection hotline on 1800 CQ SAFE ( ) as outlined in the Suspected Child Abuse Reporting Flow Chart. An employee, volunteer, parent or involved person may at any stage contact the state/territory child protection authority or police department directly. However, to ensure the safety and welfare of all parties, Camp Quality requires a subsequent notification is made to a Child Protection Officer Reasonable grounds to report: o If a child or young person tells you they have been abused o If someone else tells you they know or believe a child/young person has been abused o There are physical signs of abuse o A child or young person displays behaviours with no satisfactory explanation Responding to Suspected Child Abuse Policy Page 4 of 8

5 5.2. Managing an allegation against an employee or volunteer Interim action will be taken to ensure the immediate safety of the child The allegation is reported immediately to a Child Protection Officer through Camp Quality s 1800 CQ SAFE ( ) hotline and a Suspected Child Abuse Report Form is completed The Child Protection Officer will report the allegation to the relevant state/territory child protection authority, police department and the Australian Childhood Foundation The Child Protection Officer will also report any Reportable Conduct to the NSW Ombudsman if the matter is relating to any employee of volunteer in NSW The person making the report may also seek advice or report the allegation to the relevant state/territory child protection authority or police department The Child Protection Officer will also notify the CEO and the General Manager People and Culture The employee or volunteer will be suspended immediately, until an investigation is complete. Duties may only be resumed if the investigation clearly reports that the employee or volunteer is cleared from the allegations made against them Irrespective of the outcome of a state/territory child protection authority or police department investigation, if an internal investigation determines a breach of policy has occurred i.e. a child left alone with an adult, disciplinary action may be taken appropriate to the situation, including dismissal Information Gathering (completed by the Child Protection Officer) Collect relevant evidence and sufficient information to assist in decision making Ensure witness interviews are adequately recorded. Interview records must be signed and dated In consultation with the CEO, review initial assessment and take action to address concerns Procedural Fairness After the initial stage of the investigation, the allegation will be put to the employee in an interview with the Child Protection Officer with the CEO present The employee/volunteer has the right to have an observer present during the interview and to consult an advisor about the process The employee/volunteer will have an opportunity to respond both during the interview and/or in a written submission All proceedings are subject to strict confidentiality and each party must maintain that confidentiality 5.5. Making a finding The organisation will consider all information gathered A finding as to whether the allegation is sustained or not sustained will be made The rationale for the finding must be clearly documented The person making the decision will be separate to the investigator A decision about what action to take will be made with possible disciplinary action or amendments to policy or procedures Responding to Suspected Child Abuse Policy Page 5 of 8

6 5.6. Confidentiality As per the Privacy Policy personal information relating to suspected child abuse is considered confidential and Camp Quality will only inform third parties as required by law, including the relevant state/territory child protection authority and police department Reporting incidents of suspected child abuse to the Camp Quality Board or the Australian Childhood Foundation will include: 5.7. Documentation o Whether it was an employee or volunteer (no names will be provided) o Instance/Summary o Disciplinary action taken Suspected Child Abuse Reports and related investigations/documentation will be stored securely and only the General Manger People and Culture and the Volunteer and Recreation Senior Advisorhave access to these Emotional Support Camp Quality will offer emotional support for any employee or volunteer through the 24 hours Employee Assistance counselling line via Access EAP. Other involved parties will be given the contact details external counselling services they can access as per the Safeguarding Children and Young People Manual Failure to Report Failure to report instances, allegations, disclosures or concerns of child abuse is viewed as serious misconduct and grounds for disciplinary action including possible dismissal Access to Policy The Board, employees and volunteers will be provided all Safeguarding Children and Young People-related policies on commencement of their role Parents will be provided the relevant safeguarding children and young people information on commencement with Camp Quality, including the Family Code of Care All involved parties, including parents can request this policy, along with other Safe Guarding Children and Young People-related policies at any time through the Child Protection Officer or on Camp Quality s website. 6. Version History Version Description of Changes Author Effective Date o Position name change from Volunteer and 2.1 Safeguarding Children Advisor to Volunteer and Recreation Senior Advisor Tegan Davies May 2016 o An involved person can make a report directly to the state/territory body or police department 2.0 o Requirement to report to NSW Ombudsman any Reportable Conduct by an employee or volunteer in NSW Tegan Davies May New policy Tegan Davies October 2014 This document is reviewed and updated in accordance with the Policy on Policies. Responding to Suspected Child Abuse Policy Page 6 of 8

7 Endorsement Approved and endorsed by the Chief Executive Officer and Board of Camp Quality. Name Kim Jacobs Signature Date 20/5/16 Camp Quality Board Member Name Simon Rountree Signature Date 20/5/16 Camp Quality CEO Review Date: May 2017 Responding to Suspected Child Abuse Policy Page 7 of 8

8 Suspected Child Abuse Reporting Flowchart Reasonable Grounds for Notification A child tells you they have been physically or sexually abused or exposed to family violence Someone else tells you a child has been physically or sexually abused or exposed to family violence Physical signs of physical or sexual abuse are observed A child displays other behaviours and there is no other satisfactory explanation Immediately report to the Camp Quality Manager or Representative in charge e.g. Camp Leader and Child Protection Officer 1800 CQ SAFE ( ) Complete Suspected Child Abuse Form Mandatory reporters are to report directly to child protection authority, then notify Camp Quality Child Protection Officer Reports to relevant child protection authority, police, ACF and CEO POLICE Alleged criminal offence Death of a child State/Territory Child Protection Authority Alleged criminal offence Death of a child Reportable conduct Aust. Childhood Foundation & Ombudsman NSW Reportable Conduct by an employee or volunteer in NSW Leads internal incident management Communicate/inform with other Child Protection Officers as appropriate Communicate/inform family and employees/volunteer as appropriate All proven allegations reported to Camp Quality Board An employee, volunteer, parent or involved person may at any stage contact the state/territory child protection authority or police department directly. However, to ensure the safety and welfare of all parties, Camp Quality requires a subsequent notification is made to a Child Protection Officer. Responding to Suspected Child Abuse Policy Page 8 of 8