CHCCHILD401A: Identify and respond to children and young people at risk Report indications of possible risk of harm Contents Accurately record relevant circumstances surrounding risk of harm in accordance with organisation procedures, ethics and legal requirements 3 Risk of harm 3 Gathering, monitoring and recording information 5 Promptly report risk of harm indicators accordance with statutory and organisation procedures 7 Identify indicators of risk of harm 7 Indicators in children’s behaviour 11 When is there reason to be suspicious? 12 Guidelines on what to tell a child 13 Making 'risk of harm' judgments 14 Legislation and the reporting of risk of harm 15 Work collaboratively with relevant agencies to ensure maximum effectiveness of report 2 17 Making a mandatory report 17 Reports made by mandatory reporters 18 Report feedback 18 Support agencies 19 The role of government agencies 19 The role of non-government agencies 20 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 Accurately record relevant circumstances surrounding risk of harm in accordance with organisation procedures, ethics and legal requirements Being a worker means that you may have, or could have in the future, children in your care who may be at risk of abuse, or are being abused or who have been abused at some time in their life. A key element of our role as workers in the community services sector is recognising indicators of possible abuse and risk of harm and making appropriate decisions that support the rights and safety of children and young people. Risk of harm ‘Risk of harm’ refers to the likelihood that a child or young person may suffer physical, psychological or emotional harm as a result of what is done (physical, sexual or psychological abuse) or not done (neglect) by another person, often an adult responsible for their care. Factors which (singly or in combination) can increase the possibility of risk of harm to children and young people occurring include: • • • • • • • social or geographic isolation of the child, young person or family, including lack of access to extended family inadequate community support, eg affordable child care, housing, transport, employment, health and welfare services previous abuse or neglect of a brother or sister limited parenting skills and poor parenting models possibly leading to unrealistic expectations of children in the family family history of violence including domestic violence physical or mental health issues for the parent or caregiver affecting their ability to care for the child or young person the parent or caregivers’ abuse of alcohol or other drugs affecting their ability to care for the child or young person. Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 3 It needs to be remembered that the presence of a risk factor in a child or young person’s life does not necessarily mean the child/young person is at risk of harm. Exposure to multiple risk factors, or multiple occurrences of the same risk factor creates the greatest vulnerability in children and young people. It is also important to note that, as we treat each child as an individual, so too we should understand that all families are different. Raising children can place pressure and stress on any family and learning to be an effective parent takes time. Families need advice, assistance and support and this is more urgent when families suffer economic hardship. Activity 1 Activity 2 4 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 Gathering, monitoring and recording information As a caregiver you have been trained to constantly observe children and record your observations accurately and objectively. One of the ways you can protect children from abuse is to be observant. If you notice injuries or behaviours that alert you to the possibility of abuse, you need to record these accurately, following the procedures in your workplace. It is important to record what has actually happened without including interpretations. The observations that you collect should involve a variety of methods as this can give a holistic picture and give you clues as to whether the child is at risk of harm. Children sometimes behave in uncharacteristic ways. If you know the child and have been completing regular observations, you are in a position to identify uncharacteristic behaviours. If the child is at risk of harm or being abused, the child will react in some way. This can be a dramatic change or it could be slowly over a period of time. Reflect on the situation below. Bella, aged six, becomes aggressive towards other children, especially those who are younger or smaller. She is exhibiting some bullying characteristics and from previous observations, appears to be behaving in an uncharacteristic manner. It is also important to accurately record the visible signs, behaviour or behavioural changes. It is equally important to make notes of explanations by the child or parent. Children will often try to protect the perpetrators because they are either scared or frightened or because they love them. Children may try to hide any injuries or they may try to make up stories about what has happened. Similarly adults may try and do the same thing. By recording any explanations that you are given you are monitoring information that may in fact be true or that may form part of a cluster of indicators. If you have accurate records of these explanations, you can use them to provide evidence should you subsequently need to make a report of suspected abuse to the relevant authority or child protection agency. Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 5 Activity 3 Activity 4 Recording information Remember, as a worker in NSW, you are legally obliged to report if you have reasonable grounds to suspect that a child is at risk of harm, and if you have current concerns about the safety, welfare and well-being of a child or young person. Your service will also have in place policies and procedures which guide you in making a report. This may include discussing your concerns with a supervisor or co-ordinator before making a report, and only using service or agency agreed forms for making the report. In some services, it may be policy that only the co-ordinator actually makes the report to the DoCS Helpline. 6 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 Promptly report risk of harm indicators accordance with statutory and organisation procedures A child’s and young person’s right to safety is one that every member of the community should support. One way workers in community services can support this right is to develop awareness of the indicators that a child is at risk within their home or family. Under the NSW Children and Young Persons (Care and Protection) Act 1998, it is a legislative as well as an ethical responsibility for workers to be aware of indicators of risk. Identify indicators of risk of harm When is a child at risk of harm? There are a number of circumstances that might lead you to believe that a child or young person is ‘at risk of harm’. According to the Children and Young Persons (Care and Protection) Act 1998: A child or young person is at risk of harm if current concerns exist for the safety, welfare or wellbeing of the child or young person because of the presence of any one or more of the following circumstances: (a) the child or young person’s basic physical or psychological needs are not being met (b) the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care (c) the child or young person has been, or is at risk of being, physically or sexually abused or ill-treated (d) the child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 7 (e) a parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm. (f) the child was the subject of a pre-natal report as being at risk of harm at birth, but the birth mother of the child did not engage successfully with support services to eliminate, or minimise to the lowest level reasonably practical, the risk factors that gave rise to the report. . As a worker, you have a responsibility to: • • • be aware of children who are at risk of harm recognise and identify situations in which it is occurring report suspicions in order to help protect children. Situations in which you may find yourself could include: • • • a parent might tell you that she has lost her temper and hit her child on the side of the head you may observe a cigarette burn on the buttocks of a toddler when you are changing their nappy a child might tell you that a family member is touching them in a private place on their body. These situations are clearly reportable cases of children at risk of harm. For you to consider reporting, you need to be sure there are reasonable grounds and that there are current concerns that the children are at risk of harm. You are being trained to develop skills which can help you to recognise indicators so you can make appropriate decisions that support the rights and safety of children within your care. The following activities in this topic will help you develop these skills further. Indicators An indicator is a sign which points to the fact that abuse might be occurring. It is something that you observe (such as injuries or changes in a child’s behaviour) or hear or are told that indicates the child might be at risk of harm. In order to monitor vulnerable children you need to be able to recognise signs of risk of harm. There are basically three categories of indicators: • • • 8 physical indicators of the child behavioural indicators of the child behavioural indicators of the caregiver. Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 Possible signs of neglect Signs in children low weight for age and/or failure to thrive and develop untreated physical problems e.g. sores, serious nappy rash and urine scalds extreme anxiety about being abandoned, which is not age-appropriate child not adequately supervised for their age scavenging or stealing food and focus on basic survival poor standards of hygiene i.e. child consistently unwashed extended stays at school, public places, other homes extreme longing for adult affection rocking, sucking, head-banging poor or pale complexion and poor hair texture Signs in parents or caregivers unable or unwilling to provide adequate food, shelter, clothing, medical attention, safe home conditions leaving the child without appropriate supervision abandonment of child withholding physical contact or stimulation for prolonged periods unable or unwilling to provide psychological nurturing Possible signs of sexual abuse Signs in children child or child’s friend telling you about it, directly or indirectly describing sexual acts going to bed fully clothed sexual knowledge or behaviour inappropriate for the child’s age regressive behaviour e.g. sudden return to bed-wetting or soiling bruising or bleeding in the genital area sexually transmitted diseases bruising to breasts, buttocks, lower abdomen or thighs self-destructive behaviour e.g. drug dependency, suicide attempts, selfmutilation child being in contact with a known or suspected perpetrator of a sexual assault anorexia or over-eating adolescent pregnancy unexplained accumulation of money and gifts persistent running away from home Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 9 Signs in parents or caregivers exposing a child to prostitution or pornography or using a child for pornographic purposes intentional exposure of a child to sexual behaviour of others previous conviction or suspicion of child sexual abuse coercing a child to engage in sexual behaviour with other children verbal threats of sexual abuse denial of adolescent’s pregnancy by family Possible signs of physical abuse Signs in children bruising to face, head or neck, other bruising and marks which may show the shape of the object that caused it e.g. belt buckle, hand print lacerations and welts explanation of injury offered by the child is not consistent with the injury adult bite marks and scratches abdominal pain caused by ruptured internal organs, without a history of major trauma fractures of bones, especially in children under three years old burns and scalds (including cigarette burns) drowsiness, vomiting, fits or retinal haemorrhages, which may suggest head injury multiple injuries or bruises swallowing of poisonous substances, alcohol or other harmful drugs dislocations, sprains, twisting general indicators of female genital mutilation which could include: having a special operation, difficulties in toileting and reluctance to be involved in sport or other physical activities where the child was previously interested. Signs in parents and caregivers explanation of injury offered by the parent is not consistent with the injury a parent or caregiver says that they fear injuring their child family history of violence history of their own maltreatment as a child frequent visits with their child to health or other services with unexplained or suspicious injuries, swallowing of non-food substances or with inner complaints 10 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 Possible signs of emotional abuse All types of abuse and neglect harm children psychologically, but the term ‘emotional abuse’ applies to behaviour which destroys a child’s confidence. Signs in children constant feelings of worthlessness about life and themselves inability to value others lack of trust in people lack of people skills necessary for daily functioning extreme attention-seeking behaviour other behavioural disorders e.g. bullying, disruptiveness, aggressiveness exposure to domestic violence suicide threats or attempts persistent running away from home Signs in parents or caregivers constant criticism, belittling, teasing of a child, or ignoring or withholding praise and attention excessive or unreasonable demands persistent hostility and severe verbal abuse, rejection and scapegoating belief that a particular child is bad or ‘evil’ using inappropriate physical or social isolation as punishment domestic violence Remember, the above are only possible signs of abuse and neglect. The presence of these signs does not necessarily mean abuse and neglect has been or is, occurring. These indicators are adapted from the NSW Department of Community Services website publication Possible signs of abuse: following publication: how do I know if a child or young person is being abused? at http://www.community.nsw.gov.au/preventing_child_abuse_and_neglect/what_i s_child_abuse/signs_of_abuse.html Indicators in children’s behaviour Other indicators will be evident in the behaviour of the child. These are called 'behavioural indicators'. Observations could include a dramatic change in behaviour or unusual behaviour that is not consistent with someone in that age group and/ or stage of Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 11 development. Think about what behavioural indicators you may observe that would lead you to suspect that a child is at risk of harm. Activity 5 Activity 6a Activity 6b Activity 7 Other behavioural indicators of a caregiver There may be some other behavioural indicators of a caregiver that could indicate that a child may be at risk of harm. These might include: • • • • • observed yelling and shouting at the child showing an unattached and disinterested relationship with the child constant criticism and humiliation of the child negative reactions towards the child unrealistic expectations of the child's behaviour. Activity 8 When is there reason to be suspicious? It is important to remember that these are indicators. When a particular incident or piece of evidence occurs in isolation, this may not be an indication that the child is at risk of harm or of being abused. Evidence from a cluster of indicators Usually you would observe a cluster of indicators—ie, observe more than one indicator. The indicators in a cluster might come from one of the categories—for example, there might be a cluster of physical injuries on the child and these might occur over a period of time. Alternatively, the indicators may come from more than one category—for example, you might observe some unusual behaviours and another caregiver might inform you about an incident that has occurred. 12 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 Evidence from one indicator As mentioned previously, you might make an observation when confronted with evidence that is gained from one indicator—cigarette burns is an obvious example. Suspicions based on reasonable grounds You may also have suspicions based on reasonable grounds. This is when: • • • a child tells you that she or he is being abused (a child will tell you only when they reach a certain stage in language development) another person might advise you of observations they have made. This person might be a parent, neighbour, relative, friend or teacher who tells you they know or believe the child is at risk of harm. Another person may be looking for your professional advice as to what to do in this situation. a child might tell you that someone they know is being or has been abused. Sometimes you might find that the child will be able to disclose information in this way even if it is about their own personal circumstances. Activity 9: Jayden case study Guidelines on what to tell a child When a child discloses abuse, it is important that you: • • • • • • • • • listen to the child without interrupting use a calm, reassuring voice and talk at the child’s developmental level give support to the child by demonstrating that you believe their story provide comfort to the child both verbally and through agreed appropriate physical contact ensure you do not express negative suggestions such as judgment, doubt or shock be honest with the child to help the child develop trust; encourage honesty avoid negativity in all ways, including emotional reactions; be as professional as possible let the child or young person talk at their own pace; avoid interruptions and be patient with silences make notes of all relevant conversations where appropriate (either during or after the disclosure). What you need to let the child know: • it is not their fault Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 13 • • • • they did the right thing by telling you it is not OK for adults to harm children in any way at their level of understanding, advise them what will happen next that it is part of your job to inform people who can assist when a child or young person has been harmed, or is at risk of harm. Do not make any promises—particularly do not say that you will not tell anyone. You have to—it is your responsibility. It is OK for them to be concerned about what will happen next—however, don’t tell the child that everything will be fine or the situation will be fixed, as you have no control over the outcome. Making 'risk of harm' judgments Jayden’s case study Paula is a member of a team in a childcare centre. She explains what happened with Jayden, a child at the centre. Jayden is a four-year-old boy who attended my centre. Up until six months ago he seemed to be a settled, happy child with a good relationship with his mother, sister and younger brother. Then I started to notice changes in Jayden’s behaviour. He had become more aggressive with his peers and defiant with staff. He became more frustrated more quickly, cried more often and occasionally soiled himself. I was concerned enough to discuss my observations with Jayden’s mother, Marion. She acknowledged that she has noticed a change and this could be due to a change in their family’s situation. Marion commented: ‘We’ve been spending more time with my mother who has recently moved to the area. She has remarried and her husband Stan can’t see enough of the kids.’ Marion said that Jayden sometimes isn’t so keen to go, ‘but you can’t let a four year old be the boss’. I made a note of the conversation as it seemed reasonable that Jayden was experiencing some changes in his home life and as well perhaps he was feeling bored at the centre as he was commencing school the next year. A few weeks later I was sitting with Jayden and saw that he was concentrating on a drawing. It was a drawing of a child lying down and what looked like a big monster next to the child. 14 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 I was concerned by the drawing and I asked Jayden to tell me about his drawing. At first he said little then he told me a story about how Stan comes into his room at night and touches him. He points to his private parts. At first I tried not to react in a shocked or disgusted manner, which was really hard. As I always do with children, I tried to think of things to say that were positive and supportive. I said: ‘Thanks for telling me’ and ‘I am glad you told me.’ After that, Jayden ran off outside to play. I was very shocked at what had happened and knew that I had to tell the director. I knew I hadn't done everything I could have. What happened next? Jayden’s situation was discussed at a staff meeting. It was important to approach Jayden's situation as a team working together to help and support Jayden. From the meeting, all staff were aware of the situation and could gather information and place it on file if needed. It also meant that by working on an agreed set of principles for responding to a disclosure we were acting professionally and in a consistent manner. All staff were aware of their responsibilities and were expected to adhere to their duty of care. Now what should happen with Jayden? Should a report be made to a reporting agency? The key questions are: • • • Do you have reasonable grounds? Do you have current concerns? Is there harm or risk of harm? Other issues which might influence your judgement can include: • • • • the level of vulnerability of the child which includes the child's age and development the observed behaviour of the child the behaviour from another person that is having, a demonstrated negative impact on the child contextual risk factors, for example what is happening in the home? Legislation and the reporting of risk of harm State child protection legislation also sets out how Human / Community Services Departments are to respond to reports of abuse or risk of harm. Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 15 There are procedures for assessment and investigation, and the management of cases once the report is substantiated. Management could include proceedings in the Children’s Court, with removal of a child from his/her parent’s home as the outcome. However, under the NSW Children and Young Persons (Care and Protection) Act 1998, a caseworker must demonstrate to the Children’s Court that less disruptive avenues of protecting a child have been explored and found to be inadequate before the Court will consent to the removal of the child from their usual caregiver. This approach reflects: • • a belief that children and young people should remain within their families wherever possible research which indicates that children in out-of-home care have a greater risk of abuse or harm from institutions which are supposed to care for and protect them. Systems abuse, as this type of harm is called can range from harm or abuse by workers in an institution (such as in the large children’s homes common up until the 1970’s), to a failure of government policies and services to meet the needs of children and young people. Who reports? Section 27(1)(a) of the Children and Young Persons (Care and Protection) Act 1998 states that you are a mandatory reporter if in the course of your professional work you deliver any of the following to children: • • • • • • health care education welfare children’s services residential services law enforcement (including prisons). Section 27(1)(b) of this Act states that if you hold a managerial position with direct responsibility for the supervision of staff or provision of services in any of these areas, then you are a mandatory reporter. Under the Ombudsman Amendment (Child Protection and Community Services) Act 1998, the head of the agency or service is responsible for reporting an allegation of abuse against an employee to the Ombudsman. Activity 10 16 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 Work collaboratively with relevant agencies to ensure maximum effectiveness of report Making a mandatory report In NSW, reports of risk of harm to children and young people are made to the DoCS Helpline. Your service will have in place policies and procedures which guide you in making a report. This may include discussing your concerns with a supervisor or coordinator before making a report, and only using service or agency agreed forms for making the report. In some services, it may be policy that only the coordinator actually makes the report to the DoCS Helpline. Approved agency forms will vary from one agency or service to another, but should have at least the following headings: • • • • • • • • Name of the service Name/phone number of reporter Child to be reported Child’s contact details Other children in the family Language spoken at home Reasons for concerns about risk of harm Further information about the child’s and family’s current circumstances. Helpful information for DoCS includes: • • • • full name, date of birth (or approximate age), address and phone number of the child/ren you are concerned about full name (including any known aliases), approximate age, address and phone number of the parents or carers a description of the child and their current whereabouts why it is suspected that the child is at risk of harm (what has been seen, heard or told) Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 17 • • whether a language or sign interpreter may be required, whether support is required for a person with a disability or an Aboriginal agency is involved the name and contact details of the reporter. Sometimes the reporter may not have all of this information. As a minimum, DoCS needs to be able to identify and locate the child. Information that assists this, such as the child’s school or child care centre, is also helpful. Reports made by mandatory reporters The report to DoCS will remain confidential. This means that the reporter’s name and contact details will not be disclosed to anyone without their consent. No agency may disclose to a parent, alleged perpetrator, employer or other person the identity of a person who makes a report to DoCS. When DoCS receives the report, they are required by law to make an assessment and determination as to whether the child is actually at risk of harm. The information provided within a report will inform what further action is needed. Other considerations include the child or family history held by DoCS. DoCS assesses all reports to determine the most appropriate action to ensure the safety, welfare and wellbeing of the child. This might involve talking to the child, their family or other important people in the child’s life (such as relatives, teachers or child carers), or talking to people who work with the child or their family (such as counsellors, health professionals or family support workers). Not all reports will lead to further assessment or investigation. This may be because there is insufficient information or reason to believe that the child or young person is at risk of harm. Report feedback In most cases, feedback is provided to reporters about actions taken as a consequence of their report. When a report is made, DoCS Helpline will inform the reporter about the initial action that will be taken. Mandatory reporters will also be advised in writing about this initial action plan, and if relevant, provided with details of the identified DoCS Community Services Centre looking after the case. Staff from DoCS may wish to contact the reporter again, to help in the assessment of the safety, welfare and wellbeing of the child or young person. The level of detail and information provided to reporters Activity 11 18 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010 In some states, caregivers who work with children of any age in any type of service are mandated by state law to report any suspicions of abuse directly to the relevant government department. In some states where it is not mandatory to make a report, your duty of care to children and your legal responsibility means you should act professionally and appropriately in a way which would protect children from abuse. Once you have a suspicion on reasonable grounds that the child is at risk of harm, you need to contact the government department responsible for child protection and provide the requested information about the child and family. Support agencies The NSW Children and Young Persons (Care and Protection) Act 1998 establishes a legislative framework for a ‘whole of government’ approach to child protection intervention and co-operative and co-ordinated work between government and non-government agencies that deliver services to children and young people in NSW. This approach aims to ensure that services are not working in opposition to each other with the child and the family in the middle, and that support services that the family needs to care for and protect their children can be readily accessed. Under the NSW Interagency Guidelines for Child Protection Intervention, all agencies that provide any form of care for children and their families have the responsibility to: • • • exchange relevant information regarding a child and their family as permitted by law work with each other within agreed, coordinated procedures to provide services for the care and protection of children as far as possible, respond to requests from DoCS to provide a service to a specific child or family. This means we work in partnership with other organisations and agencies involved with a child at risk of harm and their families to achieve the same outcome—the safety, welfare and wellbeing of the child. The role of government agencies The NSW government has established specific roles and responsibilities for government agencies which have the most direct involvement in the protection of children. The Department of Community Services has the ‘lead responsibility’ Certificate III in Children’s Services: CHCCHILD401A: Reader LO 9339 © NSW DET 2010 19 because of its statutory powers to intervene in child protection matters and because it has the power to request other services to provide the appropriate care and support needed by children at risk of harm and their families. However, other government agencies have important roles as service providers, employers, funding and regulatory bodies and as interagency partners. The role of non-government agencies Generally, the role of non-government agencies is to recognise and report suspected risk of harm, exchange information about a child at risk of harm with DoCS and to use their ‘best endeavours’ (best efforts) to provide services and support to a child and their family at the request of DoCS. Activity 12 You can contact these agencies for more information. Department of Community Services, NSW is the NSW government department responsible for the protection of children. Reporting of child abuse is made to this department. http://www.community.nsw.gov.au NSW Commission for Children and Young People—this site provides useful resources for working with children: http://kids.nsw.gov.au NAPCAN—National Association for Prevention of Child Abuse and Neglect is a non-profit organisation and approved charity that works to create a safe Australian society for all children and is a support service for families in crisis: http://www.napcan.org.au Kids Helpline: telephone 1800 55 1800. Their website offers access to a 24-hour counselling service for children and families. Useful resources are available: http://kidshelp.com.au 20 Certificate III in Children’s Services: CHCCDHILD401A: Reader LO 9339 © NSW DET 2010