Goolwa Childrens Centre Child Protection Policy 2017

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GOOLWA CHILDREN’S CENTRE

Child Protection Policy


Our service is committed to the safety, wellbeing and support of all children and young people within our
Service. Management, Staff and volunteers will treat all children with the utmost respect and
understanding. Our Service believes that:

• Children are capable of the same range of emotions as adults.


• Children’s emotions are real and need to be accepted by adults.
• A reaction given to a child from an adult in a child’s early stages of emotional development can be
positive or detrimental depending on the adult’s behaviour.
• Children, who preserve, enhance and better understand their body’s responses to an emotion
are more able to predict the outcome from a situation and evade them or ask for help.

National Quality Standards (NQS)

Quality Area 2: Children’s Health and Safety


2.3 Each child is protected
2.3.2 Every reasonable precaution is taken to protect Children from harm and any hazard likely to
cause injury
2.3.4 Educators, coordinators and educators are aware of their roles and responsibilities to respond
to every child at risk of abuse or neglect.

Education and Care Services National Regulations

Children (Education and Care Services) National Law SA


84 Awareness of child protection law
273 Course in child protection

PURPOSE

To identify potential risks of harm to children and young people at the Service and to implement
strategies to prevent and minimise those risks. In order to ensure children’s safety, our Service will
perform proficiently and act in the best interest of the child.
We aim to ensure that all educators at the Service are aware of the current child protection law in the
provider’s jurisdiction and understand their obligations under that law. We believe it is our responsibility
as educators to ensure the safety welfare and wellbeing of all children.
We aim to provide the children at our service with the opportunity to develop to their full potential free
from harm and abuse.
SCOPE

This policy applies to children, families, staff, management and visitors of the service.

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WHAT IS ABUSE?

According to the Children and Young Persons (Care and Protection) Act 1998 mandated reporters
(including people employed in children’s services and unpaid managers of these services) must make
reports if they suspect on reasonable grounds a child is at risk of significant harm because:

• The child’s basic physical or psychological needs are not being met or are at risk of not being met
• The parents or other caregivers have not arranged and are unable or unwilling to arrange for the
child to receive necessary medical care
• The parents or other caregivers have not arranged and are unable or unwilling to arrange for a school
age child to receive an education
• The child has been, or is at risk of being physically or sexually abused or ill-treated
• The child is living in a household where there have been incidents of domestic violence and they are
at risk of serious physical or psychological harm
• The parent’s or other caregiver’s behaviour means the child has suffered or is at risk of suffering
serious psychological harm

INDICATORS OF ABUSE

There are common physical and behavioural signs that may indicate abuse or neglect. The presence of
one of these signs does not necessarily mean abuse or neglect. Behavioural or physical signs which assist
in recognising harm to children are known as indicators. The following is a guide only. One indicator on its
own may not imply abuse or neglect. However a single indicator can be as important as the presence of
several indicators. Each indicator needs to be deliberated in the perspective of other indicators and the
child’s circumstances. A child's behaviour is likely to be affected if he/she is under stress. There can be
many causes of stress and it is important to find out specifically what is causing the stress. Abuse and
neglect can be single incidents or ongoing, and may be intentional or unintentional.

General indicators of abuse and neglect may include:

• Marked delay between injury and seeking medical assistance


• History of injury
• The child gives some indication that the injury did not occur as stated
• The child tells you someone has hurt him/her
• The child tells you about someone he/she knows who has been hurt
• Someone (relative, friend, acquaintance, and sibling) tells you that the child may have been
abused.

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NEGLECT
Child neglect is the continuous failure by a parent or caregiver to provide a child with the basic things
needed for their growth and development, such as food, clothing, shelter, medical and dental care and
adequate supervision. Some examples are:

• Inability to respond emotionally to the child


• Child abandonment
• Depriving or withholding physical contact
• Failure to provide psychological nurturing
• Treating one child differently to the others

Indicators of Neglect in children


• Poor standard of hygiene leading to social isolation
• Scavenging or stealing food
• Extreme longing for adult affection
• Lacking a sense of genuine interaction with others
• Acute separation anxiety
• Self-comforting behaviours, e.g. rocking, sucking
• Delay in development milestones
• Untreated physical problems

PHYSICAL ABUSE
Physical abuse is when a child has suffered, or is at risk of suffering, non-accidental trauma or injury,
caused by a parent, caregiver or other person. Educators will be particularly aware of looking for possible
physical abuse if parents or caregivers:
• Make direct admissions from parents about fear of hurting their children
• Have a family history of violence
• Have a history of their own maltreatment as a child
• Make repeated visits for medical assistance

Indicators of Physical Abuse


• Facial, head and neck bruising
• Lacerations and welts
• Explanations are not consistent with injury
• Bruising or marks that may show the shape of an object
• Bite marks or scratches
• Multiple injuries or bruises
• Ingestion of poisonous substances, alcohol or drugs
• Sprains, twists, dislocations
• Bone fractures
• Burns and scalds

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EMOTIONAL ABUSE
Emotional abuse occurs when an adult harms a child’s development by repetitively treating and speaking
to a child in ways that damage the child’s ability to feel and express their feelings. This may include:
• Constant criticism, condescending, teasing of a child or ignoring or withholding admiration
and affection
• Excessive or unreasonable demands
• Persistent hostility, severe verbal abuse, and rejection
• Belief that a specific child is bad or “evil”
• Using inappropriate physical or social isolation as punishment
• Exposure to domestic violence

Indicators of emotional abuse


• Feeling of worthlessness about them
• Inability to value others
• Lack of trust in people and expectations
• Extreme attention seeking behaviours
• Other behavioural disorders (disruptiveness, aggressiveness, bullying)

SEXUAL ABUSE
Sexual abuse is when someone involves a child in a sexual activity by using their authority over them or taking
advantage of their trust. Children are often bribed or threatened physically and psychologically to make them
partake in the activity. Educators will be predominantly conscious of looking for potential sexual abuse if
parents or caregivers are suspected of or charged with child sexual abuse or display inappropriate jealousy
regarding age appropriate development of independence from the family. Sexual abuse may include:
• Exposing the child to sexual behaviours of others
• Coercing the child to engage in sexual behaviour with other children
• Verbal threats of sexual abuse
• Exposing the child to pornography

Indicators of Sexual Abuse


• They describe sexual acts
• Direct or indirect disclosures
• Age inappropriate behaviour and/or persistent sexual behaviour
• Self-destructive behaviour
• Regression in development achievements
• Child being in contact with a suspected or know perpetrator of sexual assault
• Bleeding from the vagina or anus
• Injuries such as tears to the genitalia

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PSYCHOLOGICAL ABUSE
Psychological harm occurs where the behaviour of the parent or caregiver damages the confidence and
self-esteem of the child, resulting in serious emotional deficiency or trauma. In general it is the frequency
and duration of this behaviour that causes harm. Some examples are:
• Excessive criticism
• Withholding affection
• Exposure to domestic violence
• Intimidation or threatening behaviour.

Indicators of psychological abuse


• Constant feelings of worthlessness
• Unable to value others
• Lack of trust in people
• Lack of people skills necessary for daily functioning
• Extreme attention seeking behaviour
• Extremely eager to please or obey adults
• Takes extreme risks, is markedly disruptive, bullying or aggressive
• Suicide threats
• Running away from home

DOMESTIC VIOLENCE
Domestic violence, or intimate partner violence, is a violation of human rights. It involves violent, abusive
or intimidating behaviour carried out by an adult against a partner or former partner to control and
dominate that person.

Domestic violence causes fear, physical and/or psychological harm. It is most often violent, abusive or
intimidating behaviour by a man against a woman. Living with domestic violence has a profound effect
upon children and young people and may constitute a form of child abuse. (The NSW Domestic and
Family Violence Action Plan, June 2010)
Indicators of Domestic Violence
• Show aggressive behaviour
• Develop phobias & insomnia
• Experience anxiety
• Show systems of depression
• Have diminished self esteem
• Demonstrate poor academic performance and problem solving skills
• Have reduced social competence skills including low levels of empathy
• Show emotional distress
• Have physical complaints

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SIGNIFICANT RISK OF HARM


Significant risk of harm is where the circumstances that are causing concern are present to a significant
state and warrant a response by a statutory authority, such as the NSW Police Force or Community
Services, regardless of a family’s consent.

According to Keep them Safe, Significant is not minor or trivial and may reasonably be expected to
produce substantial and adverse impacts on the child’s safety, welfare or wellbeing. The significance can
be a result of a single act or omission or an accumulation of acts and omissions.

REASONABLE GROUNDS
Reasonable grounds refers to the need to have an objective basis for suspecting that a child may be at
risk of abuse and neglect based on:

• First hand observation of the child or family


• What the child, parent or other person has disclosed
• What can reasonably be indirect based on observation, professional training and/ or experience

IMPLEMENTATION

Our service strongly opposes any type of abuse against a child and endorses high quality practices in
relation to protecting children. To ensure best practice, all educators will renew Child Protection training
every 24 months to ensure they are kept updated and informed of their current responsibilities as
Mandatory Reporters.

NOTE: The reporter is not required to prove that abuse has occurred.
Management/Nominated Supervisor will ensure:

• The nominated supervisor of the service and any certified supervisor in day to day charge of the
service has successfully completed a course in child protection approved by the South Australian
Regulatory Authority.
• All employees and volunteers are:
• Clear about their roles and responsibilities regarding child protection.
• Aware of their requirements to immediately report cases where they believe a child is at
risk of significant harm to the Child Protection Helpline.
• Aware of the indicators showing a child may be at risk of harm or significant risk of harm.
• To provide training and development for all educators, staff and volunteers in child protection
• To provide educators with a reporting procedure and professional standards to safeguard
children and protect the integrity of educators, staff and volunteers.
• To validate a Working with Children Check for all educators, staff and volunteers
• To provide access to relevant acts, regulations, standards and other resources to help educators,
staff and volunteers meet their obligations.
• Records of abuse or suspected abuse are kept in line with our Privacy and Confidentiality Policy.

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• To notify the Commission for Children and Young People of details of employees against whom
relevant disciplinary proceedings have been completed or people whose employment has been
rejected because of a risk identified in employment screening processes.

Accusations against Educators


Accusations of abuse or suspected abuse against educators, staff members, and volunteers, the
Nominated Supervisor or Approved Provider are treated in the same way as allegations against other
people. Reports will be made to the Child Protection Helpline where a child is at risk of significant abuse
by a person at the Service. If the Supervisor is involved in the abuse then the Approved Provider or most
senior educator will assist in notifying the Child Protection Helpline.

Educators will:

• Be able to recognise indicators of abuse


• Respect what a child discloses, taking it seriously and follow up their concerns.
• Allow children to be part of decision-making processes where appropriate.
• Comprehend they are mandatory reporters under the legislation and report any situation where they
believe on reasonable grounds a child is at risk of significant harm to the Child Protection Helpline on
133 627 (available 24 hours/7 days a week).
• Be able to contact Child Wellbeing Units (CWUs) which also help mandatory reporters identify the
level of risk to a child and whether to report the risk to the Child Protection Helpline
• Contact the police on 000 if there is an immediate danger to a child and intervene instantly if it is safe
to do so.
• Associate families with referral agencies where concerns of harm do not meet the threshold of
significant harm. These services may be located through CWU (Child Wellbeing Units) or/and FRS
(Family Referral Services. Family consent will be sought before making referrals.
• Promote the welfare, safety and wellbeing of children at the service.
• Prepare precise records recording exactly what happened, conversations that took place and what
you observed to contribute to the investigations of abuse or suspected abuse by the Child Protection
Helpline or dealings with referral agencies.
• Understand that allegations of abuse or suspected abuse against them are treated in the same way as
allegations of abuse against other people

DOCUMENTING A SUSPICION OF HARM


If educators have concerns about the safety of a child they will:
• Record their concerns in a non-judgmental and accurate manner as soon as possible.
• Record their own observations as well as precise details of any discussion with a parent (who may for
example explain a noticeable mark on a child).
• Not endeavor to conduct their own investigation.
• Document as soon as possible so the details are accurately apprehended including:
 Time, date and place of the suspicion
 Full details of the suspected abuse

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 Date of report and signature.

DOCUMENTING A DISCLOSURE
A disclosure of harm emerges when someone, including a child, tells you about harm that has happened
or is likely to happen. When a child discloses that he or she has been abused, it is an opportunity for an
adult to provide immediate support and comfort and to assist in protecting the child from the abuse. It is
also a chance to help the child connect to professional services that can keep them safe, provide support
and facilitate their recovery from trauma. Disclosure is about seeking support and your response can have
a great impact on the child or young person's ability to seek further help and recover from the trauma.

When receiving a disclosure of harm the service will:


• Remain calm and find a private place to talk
• Not promise to keep a secret
• Tell the child/person they have done the right thing in revealing the information but that
they’ll need to tell someone who can help keep the child safe
• Only ask enough questions to confirm the need to report the matter because probing
questions could cause distress, confusion and interfere with any later enquiries
• Not attempt to conduct their own investigation or mediate an outcome between the parties
involved.
• Document as soon as possible so the details are accurately captured including:
 time, date and place of the disclosure
 ‘word for word‘ what happened and what was said, including anything they said and
any actions that have been taken
 Date of report and signature.
Notifications of abuse
The person making a notification of abuse or suspected abuse will make a record of the answers to the
following:
 Give the child or young person your full attention.
 Maintain a calm appearance.
 Don't be afraid of saying the "wrong" thing.
 Reassure the child or young person it is right to tell.
 Accept the child or young person will disclose only what is comfortable and recognise the
bravery/strength of the child for talking about something that is difficult.
 Let the child or young person take his or her time.
 Let the child or young person use his or her own words.
 Don't make promises you can't keep.
 Tell the child or young person what you plan to do next.
 Do not confront the perpetrator.

Confidentiality
It is important that any notification remains confidential, as it is vitally important to remember that no

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confirmation of any allegation can be made until the matter is investigated. The individual who makes the
complaint should not inform the person they have made the complaint about. This ensures the matter
can be investigated without prior knowledge and contamination of evidence.
Protection for reporters
Reports made to Community Services are kept confidential. However, a law enforcement agency may
access the identity of the reporter if this is needed in connection with the investigation of an alleged
serious offence against a child. Under the Children and Young Persons (Care and Protection) Act 1998 if
the report is made in good faith:
• the report will not breach standards of professional conduct
• the report can’t lead to defamation proceedings
• the report is not admissible in any proceedings as evidence against the person who made the
report
• a person cannot be compelled by a court to provide the report or disclose its contents
• The identity of the person making the report is protected.

A report is also an exempt document under the Freedom of Information Act 1989.

BREACH OF CHILD PROTECTION POLICY


All educators and staff working with children have a duty of care to support and protect children. A duty
of care is breached if a person:
• does something that a reasonable person in that person’s position would not do in a particular
situation
• fails to do something that a reasonable person in that person’s position would do in the
circumstances
• Acts or fails to act in a way that causes harm to someone the person owes a duty of care.

MANAGING A BREACH IN CHILD PROECTION POLICY


Management will investigate the breaches in a fair, unbiased and supportive manner by:
• Discussing the breach with all people concerned will be advised of the process
• Giving the educator the opportunity to provide their version of events
• Documenting the details of the breach, including the versions of all parties and the outcome will
be recorded
• Ensuring the matters in relation to the breach are kept confidential
• Approaching an appropriate outcome which will be decided based on evidence and discussion

OUTCOME OF A BREACH IN CHILD PROTECTION POLICY


Depending on the nature of the breach outcomes may include:
• Emphasising the relevant element of the child protection policy and procedure
• Providing closer supervision
• Further education and training
• Facilitating between those involved in the incident (where appropriate)

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• Disciplinary procedures if required


• Reviewing current policies and procedures and developing new policies and procedures if
necessary.

EDUCATING CHILDREN ABOUT PROTECTIVE BEHAVIOUR


Our program will educate children:
• About acceptable and unacceptable behaviour, and what is appropriate and inappropriate
contact at an age appropriate level and understanding
• About there right to feel safe at all times.
• To say ‘no‘ to anything that makes them feel unsafe or uncomfortable
• About how to use their own knowledge and understanding to feel safe.
• To identify signs that they do not feel safe and need to be attentive and think clearly.
• That there is no secret or story that is too horrific, that they can‘t share with someone they trust .
• That educators are available for them if they have any concerns.
• To tell educators of any suspicious activities or people.
• To recognise and express their feelings verbally and non-verbally.
• That they can choose to change the way they are feeling.
Source

• Australian Children’s Education & Care Quality Authority. (2014).


• Guide to the Education and Care Services National Law
• Education and Care Services National Regulations 2015,
• ECA Code of Ethics.
• Guide to the National Quality Standard.
• Child Protection (Working with Children) Act 2012
• Children and Young Persons (Care and Protection) Act 1998
• The Ombudsman’s Act 1974
• Community and Disability Services Ministers' Conference (2005). Creating safe environments
for children: Organisations, employees and volunteers: National framework.
• Community and Disability Services Ministers' Conference (2005). Schedule: Guidelines for
building the capacity of child-safe organisations. Creating safe environments for children:
Organisations, employees and volunteers: National framework.
• The Commission for Children and Young People Act 1998
• Early Years Learning Framework
• National Quality Standard.

Review
Policy Review Date

June 2017

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Child Protection Procedure


1. A notification is an expression of concern for the child. Educators do not have to prove that
reportable conduct is happening or have evidence of who may be abusing the child to
contemplate making a notification.
2. A notification will only be made after communicating with the Approved Provider or Nominated
Supervisor. Any notification must be made in concurrence with the Nominated Supervisor, unless
they are suspected of reportable conduct. In this situation you must make the notification.
3. It is important for educators to remain sensitive to the practices of families of culturally diverse or
indigenous backgrounds, however, this child protection policy must be adhered to. The processes
and procedures within this policy attempt to allow for the individual differences of families.
4. Up-to-date developmental records on all children are to be kept. Relevant conversations with
parents that may relate to a child’s behaviour change (e.g. parents separating, new baby in the
family, moving house etc) are to be noted in the developmental record.
5. Staff should work with parents to develop and record appropriate procedures for managing toilet
practices and behaviour management. Parents should be made aware that it may be necessary
to physically restrain an out of control child who may be compromising the safety of him/herself,
other children or staff, or to isolate the child from others for short periods of time
6. Subsequently to a notification being made, records of the child remain the responsibility of the
Service staff and should not be passed onto any other person. If officers wish to see the records
they should be viewed at the Service in the presence of the Directors/Authorised Supervisor and
only removed if signed for by the State and Territory Authorities officer with a stated date for
return of the records to the Service.
It is important when making a notification that you ask the following questions in relation to notification:
• Name of person you spoke with
• What was the next step in the process
• What confirmation will be sent to confirm the report has been made
• Is there any further action you need to take?

If an interview is to be directed at the Service the following should be adhered to:

• If it is clearly deceptive that the alleged abuser is not a member of the child’s immediate
family, the parents should be notified of the interview and be given the opportunity to be
present. State and Territory Authorities must be consulted prior to this.
• An educator to whom the child relates to will be present during the interview. The staff
member must not interfere in the progression but should be present as an observer and a
support for the child.
• All staff will co-operate with any investigation undertaken by State and Territory Authorities
and/or police.
• Following the interview, the staff member must immediately write a report in the first person,
which states as well as they can remember what each person has said, and forward a copy to
the Nominated Supervisor marked confidential.

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Child Protection Training


Educator Name Training Company in Child Date Review Training
Protection

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Working With Children Check


Educator Name Working With Children Expiry Date Verification Date
Check Number

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Child Protection Agencies


The following agencies have responsibilities regarding child protection. Our service will network with
these services and agencies should child protection convert an issue at our service.

Child Protection Helpline: Department of Family and Community Services (FACS)

• Obtain, assess and where appropriate Investigate reports of children who are at risk of
significant harm.
• Could plan, conduct and manage reports collaborating with other agencies including NSW
with Police, the NSW Health.
• Exchange relevant information with a range of agencies including NSW Police, NSW Health
and the Department of Education and Communities.
• Provide, arrange and request care and/or support for children and families.
• Inform reporting agencies of the progress and outcomes of assessments and investigations
as permitted by law.

Child Wellbeing Unit

Child Wellbeing Units (CWUs) were established in the four government agencies responsible for the
largest number of child protection reports: NSW Health, NSW Police Force, and Department of
Education and Communities. Trained staff in CWUs assist mandatory reporters within their agencies
to use the Mandatory Reporter Guide and ensure that all concerns that reach the threshold of risk of
significant harm are reported to the Child Protection Helpline.

Where concerns do not meet the new threshold, information about the child or young person will be
entered into WellNet, the CWU database. This information is only visible to staff in other CWUs,
which assists in assessing cumulative risk of harm. CWU assessment officers help mandatory
reporters to identify services available within their own agency, or in other organisations, which
could support the family.

NSW Ombudsman’s Office

• Monitors the investigation of and in some cases investigates reportable allegations made
against employees in government and non-government agencies, such as children’s services.
• The Ombudsman must be notified of all allegations of abuse or neglect of a child by a
children’s services employee.
• A volunteer is also counted as an employee in this situation.

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• Children’s’ Services Employers must report to the NSW Ombudsman any reportable
allegations and convictions made against an employee and ensure they are investigated by
the Approved Provider/owner of the Child Care Service with appropriate actions being taken
when the investigation is complete.
• The Approved Provider/owner of the Child Care Service must notify the Ombudsman within
30 days of becoming aware of any reportable allegations or conviction made against an
employee in children’s services.

Reportable allegations include any sexual offence, or sexual misconduct, committed against, with or in
the presence of a child (including a child pornography offence), any assault, ill treatment or neglect of a
child, any behaviour that causes psychological harm to a child.

Employees include:
• Any employee of the agency, whether or not employed in connection with any work or activities
of the agency that relates to children, and
• Any individual engaged by the agency to provide services to children (including in the capacity as
a volunteer) and
• Work experience participants, students on placements, e.g. TAFE, secondary or tertiary students

The Ombudsman needs to be informed of any allegation regardless of the outcome. These matters are
only reported to the Child Protection Helpline if they meet the threshold of significant harm.

Visit www.ombo.nsw.gov.au for fact sheets and any forms required.

The Commission for Children and Young People

• Monitors trends and makes commendations to government and non-government agencies


on legislation, policies, practices and services affecting young children.
• Has numerous child protection resources available on-line.
• Receives notifications of the outcomes of completed disciplinary proceedings.

Children’s’ Services Employers must notify the Commission for Children and Young People of details
of employees against whom pertinent disciplinary actions have been completed and or persons
whose employment has been rejected because of a risk identified in employment screening
processes.

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