Social Enquiry/Investigation and Multi-disciplinary Case Conference for the Protection of Child with Suspected Abuse -- Notes to Parents All children should be able to grow up healthily with proper physical, psychological and emotional care. They should be protected against harm and exploitation. All parents/guardians and carers have the responsibility to meet the physical, psychological and social needs of their children. Children refer to those under the age of 18. If the physical/psychological health and development of a child are endangered or impaired We understand that parents/carers may have various difficulties making them being unable to give their children proper care and guidance all the time. However, if there are reasons to believe that there is any act or neglect by parents/carers that endangers or impairs the physical/psychological health and development of a child, professionals who may come into contact with the child have the responsibility to take necessary actions in accordance with the Procedural Guide for Handling Child Abuse Cases for safeguarding the safety and interests of the child. They also have to inform the social worker of Family and Child Protective Services Unit of Social Welfare Department (SWD) or the social worker of SWD/non-governmental organisation handling the child or the family case to conduct a social enquiry/investigation. For suspected sexual abuse cases, regardless of whether parents/carers or someone else have been involved, professionals are required to handle the cases in accordance with the above Procedural Guide. Attention: The paramount concern of the professionals is to ensure the immediate safety of the child. How does a social worker handle a case and conduct an investigation? When a child is found to have possibly been abused (including being physically, psychologically, sexually abused or neglected), the social worker will investigate and handle appropriately based on the circumstances of each case. Actions generally include: 1 The social worker will first obtain information on the case and then decide whether it is necessary to take immediate action to protect the safety of the child. He / she will as far as possible contact the parent(s) and explain to the parent(s) and the child the relevant procedures. If the child requires medical examination or treatment, the social worker or other professional will arrange for the child to attend a hospital under the Hospital Authority. The social worker can contact the doctor for direct admission to a ward in order to avoid the child having to wait at the Accident and Emergency Department. The child may need to stay in a hospital for detailed examination, assessment or observation. In circumstances that suggest a criminal offence may have been committed, the social worker or other professional is required to report the case to the Police for investigation. If advice from other professional is needed, the social worker or other investigating officers will arrange for the child to have other assessments by professionals, for example, clinical psychologists, psychiatrists, forensic pathologists, etc. If the child does not require examination or treatment in a hospital but the social worker or other investigating officers consider that it is not appropriate for the child to return home at the moment, the social worker will discuss with the parents and arrange a suitable place for the child to stay temporarily. The social worker will conduct an in-depth investigation and assessment of the family circumstances, including having interviews and home visits of the child and his / her family and obtaining necessary information from staff of organisations who have knowledge of the child and his / her family. Apart from obtaining information about the incident, the social worker will also need to find out the needs, difficulties and strengths of the family and the child, as well as to discuss with them the future welfare arrangements. It is very important for the parents to cooperate with the social worker and various investigating officers. We expect that all parties can agree on an appropriate plan upon discussion to facilitate the parents to provide proper care and supervision for the child in order to prevent child abuse in future. 2 If the parents do not consent to the above arrangements Parents are earnestly asked to understand that the above arrangements are to protect the safety and interests of the child. We understand that parents may feel anxious and uneasy in the course of investigation, and they may not share the views of the investigating officers. Investigating officers will take into account the views of the parents. However, in order to protect the safety of a child and safeguard his / her best interests, even if the parents do not consent to certain arrangements, the officers concerned can consider seeking statutory protection for the child under the Protection of Children and Juveniles Ordinance (PCJO), Cap 213, if the situation so warrants, including taking the child to a safe place. If the investigating officers are of the opinion that a child is in need of medical examination or treatment while the parents do not give their consent Under Sections 34F(1) and (2) of the PCJO, Cap 213, any person authorised in writing by the Director of Social Welfare (DSW) or any police officer of the rank of Station Sergeant or above who is of the opinion that any child or juvenile who appears to be in need of care or protection is in need of urgent medical or surgical attention or treatment may take the child or juvenile to a hospital. A child or juvenile who is admitted to a hospital after being taken to it may be detained by the DSW in that hospital for so long as the attendance of the child or juvenile at that hospital is necessary for the purpose of medical or surgical attention or treatment and thereafter the DSW may take him to a place of refuge. If the investigating officers are of the opinion that it is not appropriate for a child to return home at the moment while the parents do not agree that the child should stay at an alternative place temporarily Under Section 34E(1) of the PCJO, Cap 213, any person authorised in writing by the DSW or any police officer of the rank of station sergeant or above may take any child or juvenile who appears to be in need of care or protection to a place of refuge or such other place as he may consider appropriate. If the parents do not consent to the referral of the case to the Police for investigation while the incident is serious or a criminal offence may have been committed The professionals concerned will give a detailed explanation to the parents and help them understand the purpose and importance of the investigation. However, professionals have the responsibility to refer the case to the Police for investigation even if the parents are not willing to do so. 3 Multi-disciplinary Case Conference on Protection of Child with Suspected Abuse (the conference) Normally after the various officers have conducted the investigation for the case and obtained certain information, a conference will be held. The conference is NOT for the discussion about the prosecution of the abuser but a forum by which professionals can share their professional knowledge, information obtained and concerns about the case. The most important thing is to formulate a welfare plan for the child with suspected abuse and his / her family. All information discussed at the conference would be kept confidential. If all the necessary information is ready, the conference will, as far as possible, be held within 10 working days after the case is received by the investigating social worker. The conference is usually convened by a social worker. Members attending the conference will include professionals who take part in the investigation of the case, who have knowledge on the child and his / her family or who may follow up the case in future, namely: social workers medical personnel clinical psychologists school personnel police officers professionals currently providing services to the child or the family other professionals who are required to provide information or may handle the case in future. How is the conference conducted? Professionals attending the conference usually start by reporting to other members the information obtained from the investigation and their knowledge of the family. The following items are then discussed at the conference: 4 Determine the case nature from child welfare point of view Assess the extent of risk of abuse on the child and / or the siblings in future Recommend a welfare plan with regard to the welfare needs of the child and the family to ensure the safety of the child, to safeguard his / her best interests, and to assist the family in coping with problems and providing appropriate care and supervision for the child(ren) Whether the information of the child and / or the siblings will be registered on the Child Protection Registry of the Social Welfare Department Confirm the unit and social worker responsible for following up the case, and determine the roles of other professionals in the implementation of the welfare plan Please note that the focus of the conference is on the welfare of the child and his / her family. The decision of the conference has no binding effect on the decision of the police on whether or not to prosecute the suspected perpetrator(s). What are included in the welfare plan? Depending on the situation and needs of the child and his / her family, the welfare plan may include: Day or residential care service for the child and / or the siblings in order to ensure the safety of the child(ren) or provide parents with temporary relief from care or supervision of their chid(ren) Application to the Court for an order for the care and / or supervision of the child and / or the siblings under Section 34(2) of the Protection of Children and Juveniles Ordinance, Cap 213 Refuge centres, temporary residential service or respite care service, etc. for other family members at risk Counselling service for the child and his / her family Clinical psychological and / or medical assessment and treatment for the child and his / her family Parent education or parent-child activities or courses 5 Learning support and extra-curricular activities for the child Financial or employment assistance for the family Special services for family member(s) on coping with emotional problems, stress, gambling, alcoholism, drug abuse, etc. Other community support services In the course of following up the case, the social worker will make contact with the child and his / her family and keep contact with other relevant professionals as and when necessary so as to review the situation of the child and his / her family regularly and provide appropriate assistance. If residential care service is arranged for the child, the social worker will discuss arrangements for visits, going out, home leave, etc. with the parents and the child, and assist the family in handling their problems so that the child can re-unite with the family as early as possible. If a child is suspected to have been abused, can the parents or the child attend the conference? The conference consists of two parts. The first part is for discussion among professionals. The second part is for the professionals to meet with parents. Under normal circumstances, the parents of the child suspected to have been abused will be invited to attend the second part of the conference. The purposes are to enhance the parents’ understanding of members’ concerns over the case and the family, to invite parents to give views on the proposed welfare plan and to enlist their cooperation with the professionals in the implementation of the welfare plan. However, parent(s) may not be invited if their attendance is considered inappropriate by members, such as when their attendance may hinder discussions during the conference. If the Chairperson and members consider that the child can benefit from attending the conference, the child may also be invited to attend the second part of the conference. Before the conference, the parents or the child may express views to the investigating social worker or other members for their consideration at the conference. If the parents or the child are not attending the conference, the Chairperson or social worker/and certain members will explain to parents, after the conference, the decision 6 and recommendations made at the conference. The parents may still express their views on the recommendations. The social worker will pass their views on to other members, if necessary. Can parents bring their relatives or other people along to the conference? Subject to the consent of members of the conference, significant family members and relatives who have sound knowledge of the child and would contribute to the formulation or implementation of the welfare plan can also be invited as necessary. However, the parents who cannot attend themselves need not send a representative to attend because that person cannot participate in the discussions or make decisions on behalf of the parents. After the conference, the Chairperson or social worker/and certain members will explain to the parents the decision and recommendations made at the conference. How can parents participate in the conference? Before the conference, the Chairperson or the investigating social worker will brief the parents on the purpose, membership and procedures concerning the conference. During the conference, the parents may supplement the background information of the child’s family, and participate in discussions as well as give views on the formulation and implementation of the welfare plan. Parents may also seek clarification from the Chairperson or members on the issues discussed at the conference. What should parents do after the conference? The conference will identify a social service unit and relevant professionals to follow up the case in future. Parents are advised to keep contact with the responsible social worker and other professionals following up the cases, and to ensure the safety of the child and the welfare of the family as far as possible. Cooperation and active participation of the parents are very important. If parents disagree with the decision of the conference Parents attending the conference may express their views at the conference. 7 However, regardless of whether the parents have attended the conference or not, they may express their views to the Chairperson and / or the responsible social worker after the conference, if necessary. If parents disagree with the case nature as determined by the conference, the Chairperson or the responsible social worker will explain to the parents the reasons for the decision. We hope that parents can understand that the case nature is a case categorization from child welfare point of view based on the professional advice given by members of the conference. Although parents’ views on and interpretation of the case nature may be slightly different from those of members, what matters most is for a consensus to be reached on the problems concerned, which could then be alleviated in future by means of counselling or other support services. If parents disagree with certain arrangement(s) of the welfare plan recommended by the conference which are related to the safety and / or care of the child, the social worker of the Social Welfare Department or the Police may need to apply to the Court for a care or protection order for the child under Section 34(2) of the Protection of Children and Juveniles Ordinance, Cap 213. The parents may express their views at the hearing. The Court will then make a decision on relevant arrangements. Even if the parents disagree with the welfare plan and lodge a complaint to the organisation concerned, the social worker and professionals concerned will still carry out the welfare plan recommended by the MDCC as far as practicable. If the parents are dissatisfied with the handling of a particular professional Professionals responsible for handling the suspected child abuse case will try their best to explain to the parents what actions to be/have been taken and why, hoping that the parents can understand and cooperate. Parents who are dissatisfied with the approaches taken by a particular professional may express their views or lodge complaints with the organisation of that professional. 8