CHCCN511A: Establish, manage and monitor the implementation of a safe and healthy environment

Provide guidance to workers when abuse is identified or investigated

Contents

Explain policies and procedures clearly and calmly 3

Support workers to provide information to appropriate bodies 6

Amendments to child protection legislationThere is a new piece of legislation which is due to commence in New South Wales. This is the:

Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No 13

Current version for 25 January 2010 to is available at: http://www.legislation.nsw.gov.au/maintop/view/inforce/act+13+2009+cd+0+N

‘This Act commences on a day or days to be appointed by proclamation’. (accessed 17 February 2010 at 05:49)

One of the changes which will affect child care workers is the change in the threshold of reporting young persons suspected to be at ‘risk of harm’ to ‘risk of significant harm’.

‘What is meant by ‘significant’ in the phrase ‘to a significant extent’ is that which is sufficiently serious to warrant a response by a statutory authority irrespective of a family’s consent.

What is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety, welfare or well being’. (Department of Community Services, Risk of significant harm, a policy definition at: http://www.community.nsw.gov.au/docswr/_assets/main/lib100040/rosh_definition.pdf

http://www.keepthemsafe.nsw.gov.au/reporting_children_at_risk

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ReferencesSpecial Commission of Inquiry into Child Protection Services in NSW: http://www.lawlink.nsw.gov.au/cpsinquiry

Keep them safe: a shared approach to child wellbeing: http://www.keepthemsafe.nsw.gov.au/

Preventing child abuse and neglect NSW Community Services: http://www.community.nsw.gov.au/preventing_child_abuse_and_neglect.html

Guidelines on workplace child protection issues: NSW Ombudsman: http://www.ombo.nsw.gov.au/guideorganisations/guidewrkchildprotiss.html

Risk of significant harm, a policy definition: NSW Department of Community Services: http://www.community.nsw.gov.au/docswr/_assets/main/lib100040/rosh_definition.pdf

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Explain policies and procedures clearly and calmly

It is important to be familiar with centre policies and procedures for child protection. This will also differ and is dependent on the organising body which could be community based, private or council sponsored. It is important to be familiar with these policies to ensure you are following correct protocols.

Have a look at some of the policies in the Summerville Children’s Centre.

Activity 1

Jayden’s case study—continuedWhat 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 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

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• contextual risk factors, for example what is happening in the home?• risk indicators as per the legislation are identified.

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.

Let’s meet the staff of the centre where Jayden attends.

Sandra

Sandra: As the authorised supervisor and director of a centre I am continually concerned with ensuring that the workers are supported in their daily duties. This is achieved by the support I can provide and also as the way the workers can give each other support. Let’s meet everyone.

Susan

Susan: Hi, I’m Susan, the teacher and room leader in the preschool room. It is important to understand our legal responsibilities for children who are at risk of harm or are being harmed. After discussing with Sandra my observations of Jayden and reviewing the notes I had taken of our conversation regarding his drawing, I felt that a report needed to be made. My key responsibility is to act in the best interest of the child. I needed to maintain a child focus. I considered the effects of abuse on Jayden and knew that I had to act to help prevent it from continuing.

Kerrie

Kerrie: Hi I’m Kerrie and I’m the assistant in the preschool room. I am currently studying for my Diploma in Community Services (Children's Services) part-time. I have been concerned about the impact of reporting on the relationship with the parents of the centre especially as they may become angry and distressed when they realise a report is being made. However, it is important to recognise the real dangers present where children are at risk of serious harm or abuse. What if I don't do anything and something

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happens to the child? The child will remain in that situation and then this might have long-lasting effects or might even mean the child could die. I have to act in the best interests of the child. Sandra helps me: if I need to discuss any areas of concern she helps me document what I have seen and then I can decide if a report needs to be made. Sandra usually makes the report but I know I can as I am a mandatory reporter.

Mark

Mark: Hi there! I'm Mark. I run the outside-school-care program and vacation care for the centre. Part of the support that Sandra has provided is to reassure me that I don't have to prove that the abuse has taken place. That is, it is not my role to investigate or prove that the abuse is happening. The reporting agency looks after that once I make the report. I have rung the reporting agency to consult with them about what I have seen or heard at times, particularly with this age group of 5–12 years. This age group tends to disclose more than the younger age group. I am aware of my moral responsibilities as well and I would ring the reporting agency even if I was concerned outside of my work responsibilities to make a report.

Robbie

Robbie: Hello. I’m Robbie, the relief assistant childcare worker. Sandra explained to me that I don’t have a choice about reporting children that I believe are at risk of harm. I need to focus on the evidence that I have seen that relates to the indicators of risk of harm, rather than thinking about whether I should report or not. I don't have to make decisions any more I just let Sandra know of my concerns as this is in the policy at the centre. My mandatory responsibilities have been explained clearly and I now have a clear understanding of what to do to fulfil my duty of care.

It would seem that the workers of this centre have clear direction on their responsibilities as childcare workers and are being well supported by the director of the centre who is encouraging them to fulfil their duty-of-care responsibilities to the children in their care.

If a report is made, make sure you consider the following points:

• Be aware of the legal and ethical responsibilities to ensure the protection of the children.

• Continue to observe and record information. • If appropriate, make a further report or gain assistance.• File your information in an appropriate file for the family.• Support the child and the family.

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Support workers to provide information to appropriate bodies

It is important to acknowledge the feelings an employee may have in relation to making a report. They will worry about:

• being wrong• destroying relationships with families they have worked hard to build• the impact on the child• their records being sufficient and accurate• the possible impact this might have on their career and how other people

might react to them.

We can best support our team by reassuring them they are not on their own. We can:

• Talk to Department of Community Services about the employees concerns on their behalf.

• Organise staff development activities and in-service sessions where our responsibilities to report our concerns are discussed with a member of DOCS, and where case studies are used to discuss an appropriate response as a team.

• Reassure staff in relation to their legal and ethical obligations.• Take time to listen to and talk through a staff member’s concerns.• Offer support, encouragement and advice.• Focus on what may happen if their suspicions are correct and they don’t

take action i.e. maintain a child focus. • Reminding them of their role i.e. to report suspicions not to investigate

the existence of harm.

When a report is made we need to remind staff of their responsibilities to:

• continue to observe and record relevant information and• support the child and family.

Our roles and responsibilities will involve making further reports if appropriate to do so or gain assistance for staff and families and to file information appropriately in the service and maintain confidentiality for the family.

Reporting risk of harm to Department of Community Services is a daunting prospect. Our support and encouragement of our staff will make this task less

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onerous and will create a safer environment for the children and young people in our care.

Remember, seek assistance in dealing with any of the sensitive issues covered in this topic, if necessary.

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