DGD13-037
Child Protection Policy
Policy StatementACT Health takes its responsibility for protecting children and young people extremely seriously and therefore requires ALL its staff to report suspicions of ALL forms of abuse and neglect.
ACT Health staff must comply with:
1. The requirements of the Children and Young People Act 2008 (the Act).
This is the law in the ACT relating to the care and protection of children and young people. Section 356 of the Act makes it mandatory for certain groups of people (including certain ACT Health staff) to make a report to Care and Protection Services when they believe on reasonable grounds, during the course of their work, that a child or young person has experienced or is experiencing sexual abuse or non- accidental physical injury.
The Children and Young People Act 2008 also has other sections that refer to prenatal reporting (Section 362) and voluntary reporting (Section 354).
2. The ACT Health requirement to report suspicions of all other forms of abuse, including neglect and emotional abuse. These obligations arise as a condition of employment and must be complied with regardless of whether or not the employee is mandated under the Act to report such suspicions.
This policy should be read in conjunction with the:
· Child Protection Standard Operating Procedure (SOP); and
· Child Protection Practice Paper.
PurposeReporting begins the process of protection… the victims of child abuse and neglect are usually too young or too frightened to obtain protection for themselves. They can be protected only if a concerned individual recognises the danger and reports it to the proper authorities. Besharov, 1990:34
This policy establishes the guiding principles, responsibilities and legislative basis for
ACT Health staff to protect unborn children, children and young people aged 0 and up to
18 years.
This policy aims to improve the protection of children by assisting both clinical and non-clinical ACT Health staff to understand and fulfil their responsibilities in relation to child protection.
Guiding principles for protecting children include:
· The best interest of the child is paramount;
· Child abuse and neglect is a crime;
· Child abuse and neglect will not go away without intervention;
· Children are vulnerable and need members of the community to support, advocate and protect them, even if their parents or carers cannot or do not do so;
· Listening to children and advocating on their behalf is an important role for ACT Health staff;
· Protecting children is a shared community responsibility;
· Supporting children and families and intervening early improves long-term outcomes for children;
· ACT Health staff are mandatory reporters and are legally bound to report suspicions of child physical and sexual abuse.
· ACT Health staff are also required to report suspicions of all other forms of abuse, including neglect and emotional abuse.
· It is mandatory for all ACT Health staff to attend child protection training.
ScopeThis Child Protection Policy and related SOP applies to all ACT Health staff.
EvaluationOutcome Measures
· ACT Health supports the protection of children and young people from harm.
· Staff fulfil mandatory reporting requirements.
Method
· Establish a program to conduct clinical audits to ascertain compliance with the policy and legislative requirements for reporting child abuse and neglect.
· Annual audit of compliance with staff mandatory training requirements.
· Ongoing qualitative evaluation of staff training course delivery and resources.
· Annual review of the Child Protection Advisory Committee work plan.
· Data provided by the child protection training officers and the Capabiliti system will be reported to the ACT Health Executive Council through the annual Board Assurance on Compliance e-System (BaCES) child protection policy compliance report in October each year.
· Child protection training officers report through the Child Protection Advisory Committee (CPAC).
· Incidents related to this policy are reported via the Clinical Incident Reporting System Riskman. Incidents are reviewed and corrected actions are reported via relevant departments in line with continuous quality improvement processes.
Related Policies and Standards/ In addition to finding the documents below on the online
Policy Register, staff can also access them by clicking the
child protection button (at left) on the top right hand side of the ACT Health intranet homepage.
Child Protection Standard Operating Procedure (SOP) (ACT Health) / The SOP establishes the guiding principles, responsibilities and legislative basis for ACT Health employees to protect unborn children, and children and young people aged 0 to 18 years. / Hyperlink
Child Protection Practice Paper
(ACT Health) / The Practice Paper provides detailed information on child protection to assist ACT Health staff to fulfil their role in protecting children and young people, be child-centred in their practice, and promote the best interests of the child. / Hyperlink
Neglect of medical needs of children and young people Standard Operating Procedure (SOP)
(ACT Health) / The SOP establishes the responsibilities and legislative basis for ACT Health staff to protect children and young people whose medical needs are being neglected. / Under development
Child Protection Factsheets
(ACT Health)
· Factsheet 1: Information Sharing / This Factsheet provides information on what information sharing is permitted between ACT Health staff and Care and Protection Services / Information Sharing
· Factsheet 2: Prenatal Reporting and Pre-birth Alerts / This Factsheet provides information on prenatal reporting, prenatal information sharing and pre birth alerts. / Prenatal Reporting and Pre-birth Alerts
· Factsheet 3 Making a Child Protection Report to CPS / This Factsheet provides information on how to make a child protection report to Care and Protection Services. / Making a Child Protection Report to Care and Protection Services (CPS)
Related Policies and Standards – continued -
Child Protection Reporting Form
(ACT Health) / The Reporting Form is completed by ACT Health staff and faxed or sent to the Care & Protection Services. Completed forms are filed on client files. / http://inhealth/SearchCenter/Pages/PPRsearchresults.aspx?k=Child%20Protection%20Reporting%20Form
Guide to Public Health Officers responding to notifications of sexually transmittable infections in children and young people
(ACT Health) / To provide guidance to Public Health Officers (PHOs) in understanding their responsibilities, as mandatory reporters and as ACT Health staff, when they receive a laboratory notification of a child or young person with a sexually transmissible infection (STI). / Hyperlink tba
Family Violence Policy
(ACT Health) / Under development for release in 2013/14 / Under development
National Framework for Protecting Australia’s Children 2009-2020 / The National Framework aims to build parenting and community capacity to care for children and reduce child abuse over time. / www.fahcsia.gov.au/our-responsibilities/families-and-children/publications-articles/protecting-children-is-everyones-business
Related Legislation
Children and Young People Act 2008 / This ACT legislation provides for and promotes the wellbeing, care and protection of children and young people / www.legislation.act.gov.au/a/2008-19/default.asp
Domestic Violence and Protection Orders Act 2008 / This ACT legislation aims to prevent violence between family members and others who are in a domestic relationship and to facilitate the safety and protection of people who fear or experience violence. / www.legislation.act.gov.au/a/2008-46/default.asp
Education Act 2004 / This ACT legislation promotes compulsory education and states the responsibilities of parents and the government in relation to education and the principles and values for government and non-government school education and home education / www.legislation.act.gov.au/a/2004-17/default.asp
Related Legislation – continued -
Freedom of Information Act 1989 / This ACT legislation aims to extend as far as possible the right of the Australian community, to access information in the possession of the Territory. / www.legislation.act.gov.au/a/alt_a1989-46co/default.asp
Health Records (Privacy and Access) Act 1997 / This ACT legislation aims to provide for privacy rights in relation to personal health information; and to provide for the integrity of records containing personal health information; and to provide for access to personal health information contained in health records. / www.legislation.act.gov.au/a/1997-125/default.asp
Human Rights Act 2004 / This ACT legislation aims to respect, protect and promote human rights. / www.legislation.act.gov.au/a/2004-5/default.asp
Legislation Act 2001 / This ACT legislation aims to make legislation more accessible by encouraging access to legislation through the internet and assisting users of legislation to find, read, understand and use legislation. / www.legislation.act.gov.au/a/2001-14/default.asp
Privacy Act 1988 / This Commonwealth legislation covers the ACT and makes provision to protect the privacy of individuals, and for related purposes. / www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/97BD1BC01033A306CA2571A000008DBD?OpenDocument
Public Advocate Act 2005 / This ACT legislation provides for the appointment of a public advocate, and for related matters. / www.legislation.act.gov.au/a/2005-47/default.asp
References, resources and further reading
Keeping Children and Young People Safe – A shared community responsibility (November 2012) / This is a guide to reporting child abuse and neglect in the ACT. / www.dhcs.act.gov.au/__data/assets/pdf_file/0020/201935/Keeping_Children_Young_People_Safe_Nov2013_DesignerVersion.pdfHelp Break Down the Wall: Community Attitudes Survey - Summary of Results National Association for the Prevention of Child Abuse and Neglect (NAPCAN) / This national survey gauges community attitudes to child abuse and neglect across Australia and identifies inhibitors to action. / www.preventingchildabuse.com.au/public/pdfs/NAPCAN_Survey_Report_FINAL_4_June_2010.pdf
ACT Children’s Plan / The plan has a vision that Canberra is a child and youth friendly city that supports all children and young people to reach their potential, make a contribution, and share the benefits of our community. / www.children.act.gov.au/publications.htm
ACT Young People’s Plan / The plan is a statement of commitment by the ACT Government to work in partnership with young people and key stakeholders to improve outcomes for young people in the ACT aged 12 to 25 years. / www.youth.act.gov.au/cms/index.php?page=publications
Canberra Social Plan / The plan articulates the
ACT Government’s commitment to collaboration and strengthening partnerships as the cornerstone of an inclusive community, and provides direction for planning and service delivery. / www.cmd.act.gov.au/policystrategic/socialplan
Definition of Terms
Aboriginal / Aboriginal means a person who—
(a) is a descendant of the indigenous inhabitants of Australia; and
(b) either—
(i) for any person—regards himself or herself as an Aboriginal; or
(ii) if the person is a child—is regarded as an Aboriginal by a
parent or family member; and
(c) is accepted as an Aboriginal by an Aboriginal community.
Abuse / Abuse of a child or young person, means—
(a) physical abuse; or
(b) sexual abuse; or
(c) emotional abuse (including psychological abuse) if the child or young person has experienced the abuse or is experiencing the abuse in a way that has caused or is causing significant harm to his or her wellbeing or development; or
(d) emotional abuse (including psychological abuse) if—
(i) the child or young person has seen or heard the physical, sexual or psychological abuse of a person with whom the child or young person has a domestic relationship, the exposure to which has caused or is causing significant harm to the wellbeing or development of the child or young person; or
(ii) if the child or young person has been put at risk of seeing or hearing abuse mentioned in subparagraph(i), the exposure to which would cause significant harm to the wellbeing or development of the child or young person.
Adult / Adult means someone who is 18 years old or older.
Age of consent / Age of consent means:
(a) to sexual intercourse – sixteen years of age for both heterosexual and homosexual relationships;
(b) to medical care – is variable.
NOTE: The High Court has determined that the ability to consent to medical treatment accrues as the child ages and matures.
Initially, the power to consent rests with the parents as a result of parental responsibility and as the child becomes a teen they gradually assume that responsibility and power from their parents, in accordance with their maturity.
Whether a particular child can consent to medical treatment will thus depend upon the age and apparent maturity of the child, and also upon the nature of the procedure. For example, irreversible operations such as sterilisation may never be within the power of a child to consent. The High Court has held that such an irreversible operation would require the consent of the Family Court.
Assessment order / Assessment order means a care and protection assessment.
NOTE: The term "assessment" has a much wider, but still clearly defined, role in health. There are many different forms of health assessment such as physical and mental health assessments, developmental assessments and progress assessments.
Definition of Terms – continued -
Care and protection assessment / Care and protection assessment of a person—
(a) means any of the following carried out by an authorised assessor for section438 (Care and protection assessment—authorisation of assessors):
(i) a medical examination or test of the person;
(ii) a dental examination or test of the person;
(iii) a social assessment of the person;
(iv) a paediatric or developmental assessment of the person;
(v) a psychological examination or test of the person;
(vi) a psychiatric examination or test of the person;
(vii) if the person is a parent or other person with parental
responsibility—an assessment of the person’s parenting
capacity; but
(b) does not include an assessment, examination or test that—
(i) involves surgery; or
(ii) is prescribed by regulation.
Care and protection application / Care and protection application means an application for a care and protection order.
Care and protection order / Care and protection order means an order under Children and Young People Act 2008 for or in relation to the care and protection of a child or young person.
Care plan / Case plan for a child or young person who is, or is proposed to be, subject to a care and protection order or interim care and protection order—
(a) means a written plan for meeting the child’s or young person’s
protection or care needs; and
(b) may include proposals for the purposes of case planning about the following:
(i) who the Director-General of Community Services Directorate (CSD) considers would be the best person to have a stated aspect of parental responsibility for the child or young person;
(ii) for an Aboriginal or Torres Strait Islander child or young person—the preservation and enhancement of the identity of the child or young person as an Aboriginal or Torres Strait Islander person;
(iii) if the Director-General of CSD proposes to place the child or young person in kinship care or foster care—the kind of placement that will be sought or provided for the child or young person including any interim placement arrangements;