Impressum
Foreword, Minister S. Lalovic
Decision, Government of Republic of Serbia
Information on the General Protocol
I.
I NTRODUCTION
II.
B ASIC PRINCIPLES AND GOALS OF THE G ENERAL P ROTOCOL
AND O PTIONAL P ROTOCOLS
1.
Basic principles of General Protocol
2.
Goals of General Protocol
3.
Optional Protocols
4.
Education of professionals for the implementation of the Protocol
III.
D EFINITIONS OF CHILD ABUSE AND NEGLECT
1.
General definition of child abuse
2.
Physical abuse
3.
Sexual abuse
4.
Emotional abuse
5.
Neglect and negligent behaviour
6.
Exploitation
IV.
C HILD PROTECTION PROCESS
1.
Recognition of child abuse and neglect
1. 1. Recognition
1. 2. Consultations
1. 3. Documenting child’s condition and abuse and neglect circumstances
2.
Referral of child abuse/neglect
3.
Assessment of risk, condition and needs of the child and family
3. 1. Assessment at referal
3. 2. Initial assessment
3. 3. Consultations on strategy of assessment and initial interventions
4.
Planning and providing services and mesures of child protection
4. 1. Case conference
4. 2. Legal measures or the protection of family
4. 3. Measures undertaken by other community services
V.
E MERGENCY I NTERVENTION
1. Safety of the child
2. Emergency intervention
3. Long-term measures for securing child’s needs
4. Emergency protection of the child in foster family care
VI.
F OLLOW UP AND EVALUATION OF CHILD AND FAMILY
A PPENDICES :
Diagram 1.: Steps in case of suspected child abuse
Diagram 2.: Referral of abuse/neglect
Diagram 3.: Risk assessment
Diagram 4.: Planning and providing services and measures of child protection
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3

Pursuant to Article 43, paragraph 3 of the Law on Government (“Official Gazette of RS”, # 55/05),
The Government issues the following
1.
The Government takes note and accepts the information on the General Protocol on Protection of Children from Abuse and Neglect.
2.
The Government adopts the General Protocol on Protection of Children from Abuse and
Neglect.
3.
For the purpose of its application the Conclusion shall be communicated to the Ministry of
Justice, Ministry of Internal Affairs and Ministry of Labour, Employment and Social Policy.
05 No.:011-5196/2005
In Belgrade, 25/10/2005
THE GOVERNMENT
In witness hereof
DEPUTY
SECRETARY GENERAL
Dragan Blešić
VICEPRESIDENT
Miroljub Labus
4100205.006doc/45
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Republic of Serbia
Ministry of Labour, Employment and
Social Policy
Office of the Minister
Date: 05/09/2005
B e l g r a d e – 22-26 Nemanjina St
The General Protocol on Protection of Children from Abuse and Neglect shall clarify the stakeholders’ role in the process of protection and define its phases and steps. Thus, it will remove one seemingly formal obstacle that has cumbered and often hindered adequate child protection. The practice shows that undue regulation of this complex process has often been not only formal but also substantive hindrance for the provision of care and protection to children as appropriate.
By the adoption of this Protocol our country has set real preconditions for effective implementation of the Convention on the Rights of Child and the international agreements to which
Serbia is signatory. The implementation of the Protocol enables us to make a big step from guidance to its application in practice. Thus the guidance is transposed into a thing tangible and good wishes are replaced with the acceptable reality.
This Protocol a component of the implementation of the Project supporting protection of children from abuse and neglect as one of the strategic reform projects of the Ministry of Labour,
Employment and Social Policy. However, its design has been founded on multidisciplinary approach.
Therefore, a special expert working group was formed with prominent specialists in relevant fields
(social protection, health care, education, justice, law enforcement and NGO).
Finally, it should be underlined that without financial support of the Kingdom of Norway this document could have never been completed. Thus, I would like to take this opportunity to thank to the
Kingdom of Norway for its assistance and support it has been providing on the implementation of this and other projects as well.
M I N I S T E R
Slobodan Lalović
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THE INFORMATION
ON GENERAL PROTOCOL
ON PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT
The Family Law adopted by the National Assembly of the Republic of Serbia on 1st July 2005 proscribes the obligation on the part of the state to respect, protect and promote the right of the child and to undertake all necessary measures for the protection of the child from neglect, physical, sexual and emotional abuse and from any form of exploitation (Article 6).
The right of the child to protection from physical and metal violence, abuse and neglect, inhuman and humiliating acts and punishment, all forms of sexual exploitation and sexual abuse, abduction and child trafficking and any other form of exploitation harmful for any aspect of the wellbeing of the child, is also contained in international enactments ratified by our country, particularly, the UN Convention on the Rights of the Child, International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights.
Having adopted the Law on Ratification of the UN Convention on the Rights of the Child
(«Official Gazette of SFRY» #15/90 and «Official Gazette of SRY», supplement: International
Agreements, # 4/96 and 2/97), the state committed itself to taking every prevention measure available and to secure protection of the child from any from of domestic, institutional and social violence in general.
As the protection of children from abuse and neglect is complex process that requires the participation of the institutions, organisations and individuals from different systems (social care, education, health, law enforcement, justice, etc.), the intervention cannot be efficient if all actors in the process do not cooperate and coordinate their actions. It implies that all working in contact with children and families (including those working predominantly with parents) must be completely confident in what they should do if they suspect that a child may be exposed to abuse or neglect.
Also, every citizen with statutory and civil obligation to report the danger or suspicion and/or knowledge that a child is being abused or severely neglected, should be familiar with the procedure followed by the filing of report.
The past experience indicate that major obstacles for more efficient protection of children in our country were unclear roles of the actors in the protection process, and not clearly defined steps within this process. Therefore, as a part of the Project on protection of children from abuse and neglect, one of the strategic reform projects of the Ministry of Labour, Employment and Social Policy, a special working group was formed with prominent specialists and experts from all relevant fields
(social care, health care, education, judiciary, law enforcement and NGO sector), which drafted the
General Protocol on Protection of Children from Abuse and Neglect.
The General Protocol will contribute to development of efficient and coordinated procedure aimed at the protection of the child from abuse and neglect enabling adequate intervention, rehabilitation and conditions for safe development of the child in future.
The General Protocol will contribute to development and extension of the network of the multidisciplinary teams offering protection to children in local community, and to application of the unified model for all teams at the municipal level throughout Serbia. This approach emphasizes the protection of the child as a unified and integral process the participants of which are different systems, every one with its own characteristics and features that are to be familiar and observed.
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NTRODUCTION
All forms of violence, maltreatment, abuse or neglect of children threatening or harming the physical and personal integrity of the child violate one of the principal rights of the child, provided by the UN Convention on the the Rights of Child, right to life, survival and development.
By its Law on ratification of the UN Convention (Off. Gazzette, append. 15/90 and Off.
Gazzette, append. 4/96 and 2/97) state has committed to undertake measures for prevention and to provide protection of children from all forms of violence in family, institutions and wider community.
The Convention on the Rights of the Child 1 contains also special provisions about the rights of the child to physical, mental and moral integrity with measures to be undertaken:
 to protect the child from all forms of physical and mental violence, abuse and neglect (Art.
19);
 to protect the child from all forms of sexual exploitation and sexual abuse (Art. 34);
 to prevent the abduction of, the sale of or traffic in children for any purpose or in any form
(Art. 35);
 to protect from all other forms of exploitation prejudical to any aspects of the child’s welfare
(Art. 36);
 to ensure that no child shall be subject to torture, or other cruel, inhuman and degrading treatment or punishment (Art. 37);
 to take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of violence (Art. 39).
In order to uphold these rights it is essential for the society to have a system able to recognize the children who survived or are exposed to abuse and neglect and to ensure an applicable quick and coordinated procedure for the protection of the child from further abuse and neglect enabling child’s future unhindered development.
Such recognition and accompanying intervention in order to ensure child’s wellbeing requires cooperation of all experts involved in the work with children and families (health care, educational system, social care, law enforcement, legislation). In order to maintain intersectoral approach to child protection, it is necessary that all parties concerned:
have a clear picture of their mutual goal, which is protection of the child;
have a good knowledge of their own and other sectors, as well as their professional obligations, rules, ways of action, restrictions;
have a good knowledge how to share informations and communicate them through documentation and feedback informations.
These steps are essential since experience in the field and studies in our country are showing that the main obstacles for efficient protection of children are unclear steps in the process, as well as roles of parties concerned.
By the National Plan of Action for Children, a strategic document adopted by the Government of the Republic of Serbia in February 2004, general policy of the country towards the children is defined, for the period till year 2015. National Plan of Action established, as one of its specific goals, maintaining the efficient, operative, multi-sectoral network for the protection of children from neglect, exploitation and abuse. To achieve that goal it was agreed to design a General Protocol on protection of children from abuse and neglect.
In order to facilitate efficient multi-sectoral cooperation in the process of protection of the children, the National Plan of Action stipulated preparation of Optional Protocols in cases of suspicion that the child is the victim of abuse and neglect or it may become the victim, for other systems (health care, education), based on principles of the General Protocol. The Optional Protocols should provide guidance for procedures in particular systems and in particular institutions (hospitals, boarding schools etc.). The National Plan of Action stipulates also preparation, ratification and implementation of
Optional Protocol for protection of the children deprived of parental care – children accommodated in residential insitutions, the children with developmental difficulties and children with behavioural disorders.
In accordance with the National Plan of Action, the General Protocol should improve referral and registering all forms of abuse and neglect of the children. Every referral on suspicion that the child is the victim, or that it could become a victim of abuse or neglect should be targeted to Centers for
1 Convention on the Right of the Child adopted by the UN General Assembly in 1989.
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Social Work, which should organize service for a quick assessment of referrals on suspicion of child abuse or neglect, as well as appropriate interventions.
The General Protocol should also contribute to developing the network of multidisciplinary teams for protection of the children in local communities, and to implementation of integrated model of these teams in municipal level all over Serbia. This kind of approach is emphasizing that the child protection is unified, coherent process, because different systems, with all their specific goals, are working together to make it real.
ASIC PRINCIPLES AND GOALS OF THE
ENERAL
ROTOCOL
AND
PTIONAL
ROTOCOLS
The General Protocol comprehend all the basic principles and articles of The Convention on the Rights of the Child, built in the National Plan of Action:
1.
The right of the child to life, survival and development;
2.
Non-discrimination;
3.
The best interest of the child;
4.
Participation of the children.
The General Protocol is made for all the children, without any discrimination, irrespective of their legal status, ethnic or native origin, gender or any other social or individual characteristics (class, racial, status, national, religious, sexual, mental, physical or other specific features of the child and its family).
The General Protocol relates to all children whose well-being is threatened, children whose life is in danger, children who are (proven or suspected) victims of abuse or neglect, and children who are at risk of abuse and neglect.
The General Protocol relates to children in all situations:
in family (biological, foster, adoptive);
out of family, that is, in institutions where the children are temporarily or permanently placed (schools, preschool institutions, summer resorts, day care, children homes and in other social care institutions).
The precedence of the best interest of the child means that the best interest of the child has precedence over the interests of the caregiver, institution or community, in situations when these interests differ from child’s interests.
Child’s participation means that the children should be asked and they should get adequate information and opportunity to express their own wishes, attitudes and opinions during all stages of child’s protection process, in the manner corresponding to their age and understanding of the situation.
Basic goals of the General Protocol are:
 to promote the well-being of children through prevention of abuse and neglect;
 to ensure that all undertaken steps and decisions are made in the best interest of the child during the entire procedure;
 to contribute towards the development of the National Plan of Action and National Strategy for Child Protection.
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The specific goals of the Protocol are:
 to inform the professionals working with children and for children, as well as the general public, including children, how to proceed in case of suspicion that the child is the victim of abuse and neglect or that it may become the victim;
 to agree, establish and formalize cooperation between sectors essential for protecting the children;
 to reach a joint level of understanding of basic principles and goals of the protection;
 to agree on the entire procedure and sequence of steps to be undertaken during the intervention.
In order to establish an effective, multi-sectoral network for the protection of children from neglect and abuse, cooperation of related ministries – social care, family legislation, law enforcement, health and education – is necessary. The coordinating role in this process will have the Ministry of labour, employment and social policy.
For the achievement of a sustainable development of the system of protection of children from neglect and abuse, it is necessary that institutions, organizations and other parties involved in the protection of child/human rights, should maintain basic principles and goals of the General Protocol.
For the achievement of an efficient intersectoral cooperation, it is essential that ministries of education, sports, health, justice, interior affairs, labour, employment and social policy:
 work out their own Optional protocols for their procedures, in conformity with the General
Protocol;
 recommend to institutions and organizations under their authority to work out in detail procedures for the protection of children from abuse and neglect;
 encourage systemic education for the implementation of the Protocol in education, health,
 social policy, internal affairs and justice organizations and institutions; encourage conclusion of mutual Memorandums on cooperation, at the local level, between institutions and organizations in the protection of the children.
The education of professionals from different fields should enable the development and continuance of specific competences of professionals in the domain of the protection of children from abuse and neglect, i.e., to enable the professionals to understand well the occurrence and to adequately intervene (sensitively, skillfully, in a constructive and reliable way) in the process of protection of children and families, as well as the society, from abuse and neglect.
The education about the abuse and neglect problems should be continued, but gradual, resulting in elements of stability and assurance in own professional competences. Levels of education of professionals for the implementation of the Protocol:
The basic education should be compulsory for all employees (staff) in the institutions or organizations involved in the work with children and should enable them to be:
 sensibilized to protection of children from abuse and neglect;
 acquainted with the sequence of steps for child protection contained in the General Protocol, and persons or the team in their institution who know more or have a specific knowledge about these problems, whom they will consult in case of need;
A higher level of education is intended for the professionals (team members) in individual sectors of child protection, and it should provide them with:
 detailed knowledge of the procedures within child protection process, including the recognition, disclosure, referral, research and confirmation of abuse, as well as with specific interventions and prevention of abuse and neglect;
 the knowledge and skills linked to multisectoral cooperation in child protection process, that implies good knowledge of the domain of specific activities and specific tasks within each system, as well as of the manner of exchange of information and reaching of agreement between the systems.
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Specialized education is intended for professionals in certain sectors (health, education, social care, justice, law enforcement) and includes specialized knowledge and skills in child protection work
(e.g., forensic interviews, psychotherapeutic treatment of the child and family, and the like).
EFINITIONS OF CHILD ABUSE AND NEGLECT
The definitions of child abuse proposed in the Protocol were decided at the Consultation on
Child Abuse Prevention held at the WHO in Geneva in 1999 and are textually quoted from this document. The definitions are an integral part of the General Protocol on Protection of Children from
Abuse and Neglect and Optionalal Protocol on Protection of Children from Abuse and Neglect in social care institutions. The use of the identical definitions contributes to the homogenization of professional practice.
Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power (WHO, 1999).
Physical abuse of a child is that which results in actual or potential physical harm from an interaction or lack of interaction, which is reasonably within the control of a parent or person in a position of responsibility, power or trust 2 . There may be single or repeated incidents (WHO, 1999).
The examples of physical abuse are: blowing, kicking, shaking, strangling, throwing, poisoning, burning, pouring to hot water or exposing the child to hot steam. Physical abuse is if a parent, caregiver or other adult person deliberately causes symptoms of disease in child (Munchausen by proxy syndrome).
Child sexual abuse is the involvement of a child in sexual activity that he/she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violate the laws or social taboos of society.
Child sexual abuse is evidenced by an activity between a child and an adult or another child who by age or development is in a relationship of responsibility, trust or power, the activity being intended to gratify or satisfy the needs of the other person.
This may include but is not limited to:
 the inducement or coercion of a child to engage in any unlawful sexual activity (sexual intercourse, sexual touching, or exposure to watching, exhibitionism);
 the exploitative use of a child in prostitution or other unlawful sexual practices; and
 the exploitative use of children in pornographic performances and materials.
It is important here to distinguish between normative behaviour that is age-appropriate exploration of the body and sexuality, particularly in adolescents, and behaviour that is abuse.
Emotional abuse includes the failure to provide a developmentally appropriate, supportive environment, including the availability of a primary attachment figure, so that the child can develop a
2 The principle differentiation that will need to be made in this area is between abuse and nonintentional injury or physical signs and symptoms that mimic intentional injury but are, in fact, due to or facilitated by organic conditions present in the child.
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stable and full range of emotional and social competencies commensurate with his/her personal potential, and in the context of the society in which the child dwells. There may also be acts towards the child that cause or have a high probability of causing harm to the child’s health or physical, mental, spiritual, moral or social development. These acts must be reasonably within the control of the parent or person in a relationship of responsibility, trust or power. Acts include restriction of movement, patters of belittling, denigrating, scapegoating, threatening, scaring, discriminating, ridiculing, or other non-physical forms of hostile or rejecting treatment.
Emotional abuse refers to a relationship between the primary caregiver(s) and the child where the interactions are actually or potentially harmful to the child. This encompasses developmentally inappropriate, insufficient or inconsistent interactions with the child, and includes: exposure to confusing or traumatic events and interactions (e.g., family violence); using the child for the fulfillment of the caregiver’s psychological needs; and actively corrupting the child or failing to promote the child’s social adaptation (including isolation).
Neglect is the inattention or omission on the part of the parent or caregiver 3 to provide for the development of the child in all spheres: health, education, emotional development, nutrition, shelter and safe living conditions, in the context of resources reasonably available to the family or caretakers and causes, or has a high probability of causing harm to the child’s health or physical, mental, spiritual, moral or social development. This includes the failure to properly supervise and protect children from harm as much as is feasible (WHO, 1999).
Commercial or other exploitation of child refers to the use of the child in work or other activities for the benefit of others. This includes, but is not limited to, child labour and child prostitution, kidnapping and/or sale of children for the purpose of work or sexual exploitation. These activities are to the detriment of the child’s physical or mental health, education, moral or socialemotional development.
Operational definition of terms used in this Protocol and additional information relating to the used definitions of child abuse are included in the Handbook for the use of the Protocol, intended primarily for the professionals.
HILD PROTECTION PROCESS
In the protection process participate the institutions, services and individuals from different systems (health care, education, law enforcement, judiciary, non-governmental organizations) and each of them within their own competences. However, in order to offer efficient protection and to improve child’s wellbeing, good cooperation and clearly defined roles and steps in the protection process must exist between all of them. These roles and steps are shown in diagrams (Appendices).
The role of coordinator in this process has the Centre for Social Work which is, in our society, the basic service for child protection and which at the same time has the duties of a custody organ.
Special attention should be paid to:
1.
Recognition of cases of child abuse and neglect;
2.
Their referral to the relevant services for child protection;
3.
Assessment of the risk, condition, status and needs of the child and the family;
4.
Planning and provision of services and measures.
3 Caregiver refers to someone who is in a permanent or temporary caregiving role (e.g., parent, live-in partner, grandparent, foster parent, babysitter, teacher, recreational group leader). The term caregiver is used in this document to encompass a parent, a family member or any other individual caring for the child, even for a short time (e.g., a babysitter).
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The first step in child protection is the detection, that is, the recognition of abuse and neglect and it is, at the same time, the most sensitive part of this process on which its further course will greatly depend.
The citizens, and all those in contact with children and families in their everyday work, whether working in health care institutions, kindergartens and schools, social welfare institutions, counseling centres, non-governmental organization, law enforcement, judiciary and the like, are in position to report to the Centre for Social Work that the child needs to be protected from abuse or neglect.
The recognition most frequently occurs in the following ways: a) The detection through disclosure of the signs of injuries on the child or through the behaviour of the child and family indicating possible child abuse/neglect.
Many signs and symptoms which arouse suspicion of child abuse and neglect have been described. It is, however, important to bear in mind that no specific signs and symptoms exist on the basis of which child abuse/neglect may be convincingly established as this may be done only within a set of all existing facts and overall situation of the child and child's family. b) Discovery through confession that may be direct (made by the child itself), or indirect by another person who knows or suspects that the child is abused (a parent or other family member, a neighbour, peers, teachers).
Health care workers, as well as teachers and all others who get in close contact with the child and the family and get to know them well, could be the “person of trust” whom the child or some other person may have selected to express his/her fears, secrets or suspicion about the abuse. This person has a key role in the recognition stage and it is therefore important for him/her to be sensitive to signals and needs of the child, to know how to provide continuous support to the child, safety and encouragement, while simultaneously starting active protection process of the child, i.e., referring the doubt to relevant services, actually to the Centre for Social Work, and if necessary to the police and public prosecutor.
Directly after the appearance of the suspicion, it is desirable that the professional concerned about child’s wellbeing should make consultations within the service itself with more experienced colleagues or those trained in protection from abuse and neglect, and if possible, with his superiors.
However, this consultation process should not delay or postpone urgent care of injuries and illness of the child, or undertaking of emergency child protection, if such indications exist.
If necessary, consultations could be carried out with other services presumed to know the child and the family (educational or other health care institutions, centres for social work, SOS service and the like).
The purpose of these consultations is to gather additional data about the child and the family, to make a joint assessment of the risk of child abuse/neglect, and to reach an agreement on measures to be undertaken for the protection of the child. If it is not possible to get such consultation within the institution, or the concerned person assesses that consultation process may put at risk child’s interests, the concerned person should without delay report the case to the nearest centre for social work.
Precise recording of data relating to the identity of the child, the accompanying persons, alleged perpetrator of the abuse, as well as description of child’s condition, possible injuries, taking photographs of persons, places and injuries, recording of statements made by the child and/or persons accompanying the child and the circumstances under which the abuse or neglect occurred is of extreme importance for child’s protection process. This documentation may be the only reliable source of information or evidence about the abuse during future child’s protection process.
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The citizens, and all those in contact with children and families in their everyday work, whether working in health care institutins, kindergartens and schools, social welfare institutions, counseling centers, non-governmental organizations, law enforcement, judiciary and the like, have the obligation to report to the Center for Social Work that the child needs to be protected from abuse or neglesct (Art. 263, para.3 of Law on Marital and Family Relations; Off. Gazzette 18/05).
An individual, citizen or a professional or an institution concerned about the child may submit the referral of the suspected child abuse/neglect to the centre for social work. The referral may be submitted in writing or orally, including by telephone. If a professional submits an oral/telephone referral it should be followed by a referral in writing within the next 72 hours.
When the professional is referring the case to the centre for social work, it is desirable to discuss, prior to referral, his concern with child’s family, to ask the parents for necessary information and to tell them that he is going to refer the case to the centre for social work. This procedure, however, should be carried out only in cases when such discussion will not increase the risk of further injury of the child , i.e., it will not put at risk further child protection process.
The referral should contain all the information about the child and the family known at that time to the professional, i.e., to the referring service as well as the reasons for suspecting child abuse/neglect.
Postponement of the referral, i.e., the decision not to refer the concern about child’s welfare to the centre for social work may be made only if within an institution there exists an organized and educated Child Abuse and Neglect Protection Team, which will, after consideration of data about the child and the family, jointly conclude that all three following conditions are met:
 the risk from child abuse/neglect is low
 child’s family is willing to cooperate and capable of change offering better protection to the child
 the institution has the capacity to deal with the problem of the child and the family.
The decision about the postponement of the referral of the case should not, as a rule, be made individually but exclusively by an institution’s CAN team.
It is essential, however, to follow up actively all cases which have not been referred to the centre for social work and to reassess the risk from abuse/neglect and re-evaluate the decision in regular time intervals.
All professionals even after the referral of suspected abuse and neglect should actively help relevant services (centres for social work, police, prosecution office) in further child protection process. They should respond to the invitation of the centre for social work and prepare themselves to participate in the meeting/conference at which the situation of the child will be considered and decisions made about protection measures and provision of services to the child and the family. They must be also prepared to take part in the implementation of the protection plan, i.e., provision of services agreed upon.
These professionals may play a very significant role in the psychological recovery process of the child and stopping of the cycle of violence. It is therefore important that the initial contact, established with the child and the family in the situation of crisis, is not interrupted even after the referral of the suspicion to the centre for social work, and is maintained and fostered.
In case that in acting positively or negligently by which the life or health of a child are endangered, and there is an alement of a criminal offence which is prosecuted by law, any person, citizen or professional, institution or organization, who came to know about the threath, have the obligation to report such a criminal offence (Criminal Code, Art. 223, para. 1; Off. Gazzette 70/01,
68/02, 58/04).
All state agencies, local authorities, institutions and organizations are obliged to report a criminal offence prosecuted by law, if they are informed on the offence. On that occasion they will submit the evidence, preserve facts of the offence, object used in the offence, and other evidence.
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After the acceptance of a referral, the Centre should make an Assessment at referral and Initial assessment – determine condition, risks and needs of the child.
Intake worker (screening worker) receives and evaluates the information in the referral, i.e. the request, and checks whether the case was entered earlier in the CSW records and decides whether the assessment process will be continued in the Centre or whether the referral, i.e. the request, will be referred to other community services. The talk with the referrer is documented in a form of an official
memo, which is enclosed with the referral in writing into the already existing or a newly opened file of the user, or into a separate referral file (register of referrals).
The consideration of the referral ( screening assessment) implies that the intake worker in the
Centre, on the basis of his talks with the referrer (a professional from another institution, child’s parent, or another person) and other available data (previous CSW record entries, eventual medical documentation and the like) should determine whether suspected abuse and/or neglect exists, how substantiated it is and whether one or several children in the family require emergency protection.
As a result of the screening assessment it should be clear to the referrer and the CSW intake worker which next step should be and who has to undertake it, or, that no action should be undertaken.
The intake, screening of the referral and checking of the existing information in CSW should take at the longest one working day and may have only one of the three possible outcomes:
 to register the referral, not opening the case in CSW and, if necessary, to refer the case to other community services

 to open the case in CSW to undertake emergency intervention. a) Registration of the referral without opening the case in the CSW and referral to other community services
When after screening assessment the intake worker determines that the data do not correspond with the criteria for conditions and circumstances in which CSW undertakes measures for the protection of the child and provides services to the family and the child, CSW will refer the referrer to other relevant community services.
Even if the case will not be opened in the CSW, intake worker will prepare a memo about the talk and record the referral in the Register.
The basic criterion for decision to instigate assessment and open the case in CSW is the existence of data that a certain event took place or a situation corresponding to professional and legal definitions relating to abuse and neglect.
The decision to open the case is followed by appointment of one of CSW professional workers as case assessment worker .
In certain cases at this stage already it will be necessary to undertake emergency intervention for child’s protection, which take place after urgent consideration of protection strategy between the
CSW, police and, if applicable, other services.
In all cases when the CSW learns about the suspicion of criminal act against the child, it is necessary to inform public prosecutor and the police as soon as possible. It will be also necessary for
CSW and the police to decide on joint measures in the early stage of the work and to harmonize their steps.
The initial assessment is carried out by CSW worker appointed as the case manager, together with the assistance and supervision of the professional CSW team.
Initial assessment should give the answer to the following basic questions:

Is the child at risk (regardless of the fact whether the risk is due to family conflicts, abuse and neglect, adverse health, social or financial position of the family or other circumstances which
14

prevent the child to reach adequate level of health and development without the intervention of social and other services in the community)?

Which risks for the child can be identified on the basis of initial assessment?

Is there a reasonable doubt of the existence of a significant harm for child’s health and development?

Which resources may be used to protect the child within the family?

Which services and protective measures may be offered to the child and the family/inabusive parent on the basis of available information and initial assessment conclusions?
Initial assessment may take a maximum of 7 working days and represents the basis for determining the future work with the child and the family for delivery of adequate and timely services.
The initial assessment process includes the following procedures :
 observation and interviewing of the child (appropriate to the age and communication skills of the child), the parent, family members and other persons who know well child’s and family’s situation; CSW worker should ask questions on violence, especially among partners, by separate interviews of the victim and abuser;
 gathering and analysis of relevant information from professionals in other services in contact with the child and family (health care, education, other social welfare institutions, nongovernmental organizations and the like);
 assessment of injuries suffered by the child, that is, the assessment of risk to which the child is exposed. The risk is assessed as low, moderate or high with the aid of Risk Assessment
Matrix;
 identification of resources and services that may be used for the protection of the child within the family;
 decision whether the case is open to undertaking further measures and services within the
CSW, or it should be referred to other community services;
 reporting about the results of the initial assessment.
Case manager discusses with the head of the professional team, and when necessary with other team members, the informations collected during the initial assessment and they jointly decide about further steps.
The decision after the initial assessment may be that:
Such decision is made when the child has suffered physical or mental injuries inflicted by abuse or neglect, or when case circumstances indicate that the child is at risk and there is a reasonable doubt to believe that the child in question or other children in the family, if any, may be exposed to further harm.
In this case CSW undertakes further coordination of planning, carrying out of protection measures and provision of services, as well as of monitoring of the child and family, but together with other community services. CSW appoints a person from CSW who will be the key person for the child and the family during the future protection process (so called case manager). This may be the same person responsible for the initial assessment, or another CSW person, subject to the situation.
family are in need of other forms of support and help
This decision is made if the child has not suffered injuries and there is no reasonable doubt to believe that the child/children may be harmed in the family. The condition of the child or the family is such, however, that the probability is small for the child to reach an adequate level of health and development or that the child’s health and development will deteriorate without services provided by different services – health care, educational, social, legal or others.
In this case the strategy of future activities is agreed upon with professionals from other services, or about which service will have a leading responsibility in further process of the provision of support and help to the child and family.
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After the completion of the initial assessment, CSW should give return information to the referrer (except in the case of anonymous referrals) within 10 days from the day of the receipt of the referral. Return information implies written information about the measures undertaken and decisions made regarding the circumstances and situation which provoked the concern for the child, but with due respect to privacy and confidentiality of data.
In cases when on the basis of until then available knowledge and the results of initial assessment there exists a reasonable suspicion that the parents have seriously placed at risk or that they behave in the manner that may seriously harm the child, the person responsible for the assessment calls for a consultation meeting between the CSW, the police and other relevant services (health care and education services, non-governmental organizations and the like). The goal of the consultation meeting is the exchange of information and the agreement on assessment and investigation strategy, i.e., the harmonization of work of different services in the community.
Every referral of a sexual and serious physical abuse require the organization of a consultation meeting in the early phase of work on the case.
The consultation meeting may be arranged even before the expiry of 7 days envisaged for initial assessment, if the circumstances of the case impose this.
The consultation meeting is obligatorily called for in the following situations:
 when for the provision of child’s safety the cooperation of services in the community is essential;
 provision and collection of evidence for court proceedings, as this is especially delicate procedure because it implies simultaneous protection of the child from additional traumas that may occur due to inadequate or multiple repetition of interrogation and examinations;
 when complex or specialized assessment procedures have to be carried out (in case of forensicmedical or psychiatric examinations, for instance). It is important to plan and define the assessment (what, who, when, where) to ensure the provision of valid findings.
The planning of services and provision of measure for child’s protection develops from the very beginning of the process that is from the moment of the receipt of the referral in the CSW.
If the intake worker at CSW assesses that the life and health are at immediate risk, he/she will immediately take the measures for emergency intervention, in cooperation with the police and other services..
If it is concluded by the initial assessment that the need exists to protect the child from abuse/ neglect CSW will organize Case Conference – conference for planning provision of services and protective measures for the child. Case conference is called (set and coordinated) by the case manager, except if not agreed differently. To the case conference are invited:
 professionals from other institutions (different systems), or persons who know well the child or the family;
 child’s parents or inabusive parent;
 child itself, and other children from family (if apropriate);
 professionals who may be (or will be) included in the future work with the child.
At the case conference the decisions are made about the strategies and measures necessary to undertake in order to protect the child. If the initial assessment is sufficient and planning of services takes place, or identification of the need for a comprehensive (further) and, as a rule, complex assessments which are involving the professionals of different systems is undertaken, as well as consideration and planning of services and measures for the protection of the child, or other needs of the child (specifically in relation to different systems).
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The process for planning of services and measures should result in :
 meaningful plan for the protection of the child (determining who will work what and until when );
 appointment of the responsible worker and the core team for the carrying out and coordination of the plan for the protection of the child;
 identification of further needs for assessment;
 setting of the deadline (date) for review conference;
 reserve plan, if agreed protective measures cannot be carried out.
The centre for social work decides on or proposes the undertaking of the measures of familylegal protection, including:
 warning the parents about the mistakes made in rearing the child;
 referral to services of corresponding institutions specialized in family counselling
 temporary displacement of child out of the family, that implies removal of the child from parents and placement with the other family or in a social care institution;
 initiation of legal procedures to protect child rights, banning personal relations between the parents and the child, or other measures.
The Centre for Social Work decides on referral of the child or family to other services, who on their own authority, or in cooperation with other sevices, maintain the protection measures (medical, judical, etc.).
MERGENCY
NTERVENTION
Emergency intervention is undertaken when the life and health of the child are exposed to immediate risk or may be placed at risk if emergency intervention is not undertaken. Its aim is to provide urgent protection.
The need for emergency intervention may exist already at the moment of detection, i.e., referral of the abuse or neglect, or it may become necessary in any other phase of work with the child and the family.
Following situations are seen as an immediate risk to the health or life of the child:
 severe physical injuries are present, due to physical abuse, or parent could harm severely the child due to negligent behaviour (i.e. child thrown towards the wall but without obvious injuries; tortured child; cruelly punished child; situations were child could be injured by weapon, etc.);
 health condition of the child requires urgent medical treatrment which parent, or other caretaker, do not want or can not provide;
 child is at risk of injury or harm from parent or caretaker in psychotic condition, or is aggressive due to severe mental illness, personality disorder, drugs or alcohol abuse (parent or caretaker declares his/her incapability to take proper care of a child, or estimates that he/she could harm the child, looks like he/she does not comprehened the reality and is not capable to take proper care of the child);
 child younger than six years is left without proper supervision or in potentially dangerous circumstances (i.e. children younger than twelwe taking care of younger children, without agreed reaction to crisis situation; home is in a such condition that it is overt treath of serious injuries – available electrical wiring, unsafe windows, danger of fire);
 reasonable fear that child will suffer retaliation or extortion from parent, or that parent will take a child away, and his/her anger for referral and interrogation retaliate at the child (which information could be obtained by considering earlier behaviour of parent, his/her behaviour during the interrogation, or from other people knowing the family).
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The service in the first contact with the child, on the basis of the first assessment (obvious) that the life and health of the child are seriously exposed to immediate harm and that it is essential to ensure child’s safety by emergency action, has the obligation to inform without delay the Center for
Social Work on the territory of child’s residence. If this is not known to the first contact service and the child is exposed to immediate serious harm outside its residence, as well as when due to the time necessary to forward information to the relevant centre it may be presumed that the possibility for undertaking emergency action will be impeded or seriously threatened, the information relating to the need for undertaking immediate child protection measures will be forwarded to the nearest centre for social work – the one on the territory of which the child is found. This centre will undertake the jurisdiction for undertaking emergency intervention measures in view of the place at which the cause for undertaking of the procedure took place.
After carrying out of the emergency intervention measures, CSW at whose territory the child happened to be will inform the CSW on the territory of child’s residence (relevant centre), which will continue with further work on the protection of the child.
If circumstances of the case impose a decision on urgent temporary removal of the child from the parents, CSW will entrust further care of the child to temporary caretaker, until the legal court decides on the subjcet.
Temporary caretaker can be provided for the child in hospital, or other safe place, if there is reasonable reason for belief that child will be in danger in case of return to parents (on their request) or that parents would continue to endanger child’s life or health.
According to the law, by obtaining a temporary caretaker protection of child’s personality, rights and interest is provided. During the process, decision on removal from threatening environment could be made (Art. 332, Para. 2 of the Family Law). This decision is passed without delay, and at the latest within 24 hours from received information on need to remove the child from the family. Before passing the decision, child capable to make an opinion, should be provided the right to express freely such opinion, wishes or suggestions.
If, during the emergency intervention, decision to put a child in institution is passed, it is necessary, as sson as possible, but not later than seven working days, consider further perspectives of child’s rearing, in order to start procedure for long-term solution for a child – in his/her natural family, or out of it.
Long-term procurement of child’s needs should be considered at case conference, organized by CSW. At the conference, experts from CSW and other services which provided some sort of care to the child or family, will consider and estimate circumstances, needs and characteristics of child and family as a whole, and achieve a consent on protection plan, i.e. steps and measures necessary for the procurement of long-term safety and unhindered and normal development of the child.
Emergency care of the child in foster family care does not essentially differ from the care process applied in case of children whose development is put to risk by circumstances in their own family. Protection measures that may be applied to parents are applied to foster parents to the extent that corresponds with their role and authorizations.
The referring relevant center for social work is responsible for the protection process, but the referral may be submitted to the centre for social work on the territory of residence of the foster family that is authorized to undertake emergency intervention in emergency situations. Upon realization of measures of emergency protection, CSW on the territory of residence of foster family should inform the referring CSW on measures undertaken, which will continue with further protection of the child.
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OLLOW
UP AND EVALUATION OF CHILD AND FAMILY
The plan for the protection of the child from abuse and neglect should also contain the plan for follow-up and evaluation (assessment) of the adequacy of planned and undertaken measures, including re-assessment deadlines. These procedures should be undertaken in cooperation with all parties involved, and decisions should take place at case conference meetings.
The purpose of the evaluation is the insight into the safety status of the child and health and development progress assessment in relation to expected/planned outcomes, for the purpose of the adjustment of future services and measures to the changed circumstances and new needs of the child and the family.
The satisfaction of child’s health and development needs, and the changes in the attitudes and behaviour of parents, changes in living conditions and circumstances should be evaluated.
The decision on further child protection measures will be made subject to evaluation results. If the results are indicating that child’s environment is safe and that the parents/guardians are able to ensure conditions for future safe and unhindered psycho-physical development of the child, the decision will be passed to close the case.
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PPENDICES
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