CHILD PROTECTION POLICY

Commitment

RISE is committed to the prevention and early detection of abuse and/or neglect of children and young people. In all interaction with children and their family/whanau we will be guided by the principle that the welfare and interests of the child is the first and paramount consideration.

RISE is committed to dealing with abuse/suspected abuse or disclosure of abuse in a timely manner and is guided by the principle that the family/whanau have the primary role in caring for and protecting children. Unless this poses a risk to the child or to the safety of staff, family/whanau will be involved and informed in all decision-making.

RISE is committed to complying with all relevant legislation.

Aims and Responsibilities

Purpose

The purpose of this policy is to provide guidelines for staff with which to identify and respond appropriately to concerns of abuse and neglect and to understand their role in keeping children safe. This policy aims to guide staff in safe working practices and ensures that the safety and rights of a child are protected.

This policy also sets out procedures for managing allegations against staff and ensures that complaints are taken seriously and managed effectively.

In all matters relating to a child, the safety of a child is RISE's prime consideration.

This policy uses “child protection” in its title to describe RISE's reactive response to suspected or actual abuse and neglect. RISE's wider commitment also includes safeguarding — the proactive, preventative culture, training and safe practice that reduces the likelihood of harm occurring in the first place. Both are intended to operate together throughout this policy.

Scope

This policy and associated guidelines and procedures apply to

all staff who have direct or indirect contact with children
all children who are clients of this organisation
all children whom staff come into contact with in the course of their work with RISE
staff and volunteers of other organisations working on site at RISE premises with children, young people and families
associated community members

Principles

In addition to the commitments set out above, RISE is guided by the following principles in all child protection and safeguarding decisions:

– RISE gives effect to Te Tiriti o Waitangi in child protection practice: tamariki Māori and their whānau are engaged as partners, not simply service users, and decisions affecting tamariki Māori draw on tikanga and mātauranga Māori wherever possible, including consideration of wairuatanga (spiritual wellbeing).

– Children and young people have the right to participate, in age-appropriate ways, in decisions that affect them. Staff will seek and give weight to the views of the child or young person wherever this is safe and practicable to do so.

Review

This Policy and all its sub-policies and related policies, will be reviewed at least every three years, and updated regularly in light of clinical experience and in line with any changes in legislation.

Legislation

Human Rights Act (1993)
Privacy Act (2020)
Children's Act 2014, and the Vulnerable Children (Requirements for Safety Checks of Children's Workers) Regulations 2015
Oranga Tamariki Act 1989
Crimes Act 1961
Family Violence Act 2018
Family Violence (Amendment) Act 2018
Care of Children Act 2004

Definitions

“Children” for the purposes of this policy is defined as someone under the age of 18.

“Staff” is defined as anyone working for this organisation, whether paid, voluntary, contracted or on placement.

“DPCP” refers to the Designated Person for Child Protection.

Responsibilities for Child Protection Policy and procedures

Overall responsibility for this Policy rests with the General Manager. This includes ensuring that all staff are aware of the policy and its contents.

RISE will ensure that:

– All staff receive appropriate training on identifying child abuse, fully understand their obligation to act in the interests of the child and know what steps to take to ensure the immediate safety of any child whom they are concerned about.

– Staff will receive training with annual reviews in identifying and responding to child abuse and neglect, including vulnerability and risk as well as any changes in legislation.

– Concerns relating to a child, entries in the Register of Concerns regarding increased risk advised by the Clinician, and subsequent Reports of Concern are regularly reviewed and re-assessed by the Designated Person for Child Protection.

– Staff receive adequate support and supervision in situations of suspected child abuse and neglect.

– Staff have regular professional external supervision with appropriately qualified supervisors.

– Staff are carefully selected in line with Safer Recruitment legislation and guidelines and with the principles of this policy in mind.

Definitions of Child Abuse

The Oranga Tamariki Act 1989 defines child abuse as “...the harming (whether physically, emotionally, sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person.”

The following definitions are provided for guidance but should not be seen as an exhaustive list.

Physical abuse

is a non-accidental act on a child that results in physical harm. This includes, but is not limited to, beating, hitting, shaking, burning, drowning, suffocating, biting, poisoning or otherwise causing physical harm to a child. Physical abuse also involves the fabrication or inducing of illness.

Emotional abuse

is the persistent emotional ill treatment of a child such as to cause severe and persistent adverse effect on the child's emotional development. This can include a pattern of rejecting, degrading, ignoring, isolating, corrupting, exploiting or terrorising a child. It may also include age or developmentally inappropriate or unrealistic expectations being imposed on children. It also includes the seeing or hearing the ill treatment of others.

Sexual abuse

involves forcing or enticing a child or young person to take part in sexual activities (penetrative and non-penetrative, for example, rape, kissing, touching, masturbation) as well as non-contact acts such as involving children in the looking at or production of sexual images, sexual activities and sexual behaviours.

Neglect

is the persistent failure to meet a child's basic physical and/or psychological needs, causing long term serious harm to the child's health or development. It may also include neglect of a child's basic or emotional needs. Neglect is a lack of action, emotion or basic needs.

Spiritual abuse

is any attempt to hurt, frighten, control or exert power over a child by misusing religion, spirituality, belief systems, or cultural or spiritual authority. This can include using spiritual language or practice to justify other forms of abuse, or to prevent a child or family from seeking help.

Intimate Partner Violence or Family Violence

is physical, emotional, sexual and other abuse by someone of a person with whom they have or have had some form of intimate relationship, such as marriage or cohabitation, in order to maintain power and control over a person. Such abuse places a child at risk of abuse and likely has subjected the child to emotional abuse.

Cumulative Harm

refers to the effects of patterns of circumstances and events in a child's life, which diminish a child's sense of safety, stability and wellbeing. Cumulative harm is the existence of compounded experiences of multiple episodes of abuse or ‘layers’ of neglect. The unremitting daily impact on the child can be profound and exponential, covering multiple dimensions of the child's life.

For further information, staff can refer to the “How can I Tell?” booklet published by Child Matters, a copy of which is held at each RISE office.

Child Protection Procedures

This section describes the procedure to be followed by all staff who have concerns about a child suffering or at risk of suffering from abuse or neglect. This section also outlines the procedure for managing a disclosure of abuse or neglect in relation to a child.

Staff roles and responsibilities

– Staff will not work alone where there are concerns for a child. When concerns are held about a child, abuse is suspected or disclosed, staff will consult immediately with the Designated Person for Child Protection (DPCP) and/or the General Manager who will ensure action is taken in accordance with these procedures.

– In case of staff being unable to contact the General Manager or DPCP, advice should be sought from a duty social worker at Oranga Tamariki or the Police.

– Staff will not question extensively a child who has disclosed abuse or who is displaying signs or symptoms of possible abuse. However, it is important that a child is listened to and responded to appropriately.

– In all instances of concern for a child, the child's welfare and best interests must be at the centre of any action or decision made.

– The safety of the child is the first consideration. The DPCP together with the relevant staff member and the General Manager will assess the information to ascertain whether the child is currently at risk and in immediate danger.

– If immediate safety, care and/or protection concerns are held, the DPCP in consultation with the General Manager, will ensure urgent action is taken either by way of Report of Concern to Oranga Tamariki or the Police. Reports of Concern to Oranga Tamariki or notifications to Police will be completed by the relevant staff member and the DPCP working in partnership. All Reports of Concern to Oranga Tamariki will be prepared and submitted through the EXESS Client Management system and a copy added to the Register of Concerns.

– Where a report of concern has been submitted, acknowledgment of receipt received from Oranga Tamariki must be filed on the client file and Register of Concerns.

– It is the responsibility of the DPCP to ensure best practice is followed. Reports of Concern to Oranga Tamariki will be stored in the Register of Concerns along with the related records of concerns.

– All suspicions and information will be recorded factually, accurately recording what is observed or heard. If information is received from another party, this should be clearly noted.

– It is acknowledged that all children are at risk of abuse and neglect where family violence is a feature of family life. When the child is our client, we are working with them as a result of such risk and abuse. Specific concerns or identified risk that is above and beyond the emotional abuse that impacts every child where family violence is evident need to be recorded in the Register of Concerns.

– Concerns of abuse and neglect of a child must be recorded by the relevant staff member on a Record of Concern and entered in the Register of Concerns Cover Sheet. The Record of Concern will indicate a summary of the concern with the full details being recorded on the client's file.

– Concerns relating to current risk of abuse or neglect of a child will be assessed as high risk.

– At any time, any member of staff who has concerns regarding the care and protection of a child may report to Oranga Tamariki via their online Report of Concern form (forms.orangatamariki.govt.nz), or by phoning 0508 326 459 (available 24 hours).

– If the child is assessed as currently safe, the staff member will continue to review on a weekly basis, to reassess the risks for the child. Other review updates completed by the Clinician will be noted in the Record of Concern. A review with the DPCP is required where risk increases, so that a notification decision can be reviewed. It is the responsibility of the Clinician to bring this to the DPCP's attention and cc in the General Manager. The DPCP and staff member will assess if further action is required and ensure additional supports and protective measures, as appropriate, are in place. All reviews and additional information will be recorded on the Record of Concern and held confidentially in the Register of Concerns.

– Unless it poses a risk to the child, to the safety of staff, or there is a strong likelihood that evidence will be destroyed, family/whanau will be informed of concerns and involved in decision-making. This will not override a decision to report a concern to Oranga Tamariki if the risk is identified.

Refer to Appendix B Flow Chart for Child Abuse and Neglect Procedures.

Designated Person for Child Protection (DPCP)

The Designated Person for Child Protection, as appointed by the General Manager, will:

– Be available to staff in a timely manner by way of face to face meeting or telephone contact, for consultation, advice and supervision where concerns in relation to a child have been raised.

– Advise on best practice in relation to child abuse disclosure, suspicions or concerns, recording and reporting.

– Ensure relationships and contact details for Oranga Tamariki and Police are maintained and made available to staff.

– Ensure the safety and wellbeing of children come first and is paramount in any decision making.

– Meet with all staff and services to review and monitor entries made in the Register of Concerns where there are concerns about a child.

– Review risk assessment and coding together with safety plans for all clients of RISE where children are involved.

– Receive any information from staff relating to the vulnerability, risk of harm or abuse/neglect of a child.

– Make decisions in consultation with the General Manager as to whether or not the matter warrants a Report of Concern to Oranga Tamariki or notification to Police and work in partnership with the relevant staff member to ensure this is done in accordance with best practice.

– Follow up, or delegate to the Clinician to follow up, any Oranga Tamariki Report of Concern within 3 days of it being made if no response is received, and seek email confirmation that the notification has been received.

– Forward email notification to the Clinician to record on the client's file.

– Ensure, together with the General Manager, that any Report of Concern to Oranga Tamariki or Police which has not been dealt with satisfactorily, or where there are still concerns held by RISE in relation to a child, is advocated at senior levels both within Oranga Tamariki and Police.

– Ensure procedures within this policy are followed in situations where a further Report of Concern is required to Oranga Tamariki in relation to a child.

Confidentiality and Information Sharing

RISE encourages the sharing of information provided all appropriate steps have been taken.

Information received about a child will be treated in a discreet and confidential manner.

RISE recognises that all staff must act within the legal requirements of the Privacy Act 2020, the Oranga Tamariki Act and other statutes.

All staff will follow the process as outlined in Responding to Information Requests, contained in Appendix F. Information concerning a child and requested by others not listed in Appendix F will only be given out after consultation with the General Manager. Staff will not share any information that will endanger a child.

In situations where consent needs to be obtained, staff must ensure the person who has given consent understands:

– Why people are being told information

– What will happen to the information

– Who will be told what

– Who they will then pass the information on to

All information requests, together with information shared, must be recorded on the relevant client file.

Relationships with External Agencies

RISE places importance on good working relationships with other agencies that support RISE in child protection matters.

RISE will ensure that staff undertake an active programme for maintaining relationships between agencies — both NGOs and government agencies — including a good working relationship with Oranga Tamariki and Police.

Contact details for all agencies, Oranga Tamariki and Police will be kept and updated by the Designated Person for Child Protection.

Responding to Low-Level Concerns

Not every concern about a staff member's behaviour meets the threshold of an allegation of abuse or neglect. A low-level concern is any behaviour, action or attitude by a staff member towards a child that may not itself indicate abuse, but which is inconsistent with RISE's Code of Conduct or safe working practices — for example, being alone with a child unnecessarily, favouritism, or overly familiar communication.

– Staff and volunteers are expected, and supported, to raise low-level concerns about a colleague's behaviour, even where they are unsure whether the behaviour is serious.

– Low-level concerns will be recorded and reported to the General Manager or DPCP, separately from the Register of Concerns used for allegations of abuse or neglect, so that patterns of behaviour can be identified over time.

– A low-level concern does not automatically trigger a disciplinary or Oranga Tamariki/Police process, but will be discussed with the staff member concerned and monitored. If a pattern emerges, or the behaviour escalates, it will be managed under Managing Allegations Against Staff below.

Managing Allegations Against Staff

This section outlines the procedure to be followed if an allegation of child abuse or neglect is made against a member of staff.

– RISE will respond to suspicions and allegations of child abuse against a staff member with the same seriousness as suspicions or allegations made against any other person.

– The safety of the child will be paramount and no staff member of RISE will collude to protect an adult of an organisation.

– RISE will ensure that provision is made for ongoing support and safety plans for the child as well as appropriate services for the child's caregivers/parents.

– Staff who have concerns about abuse by another staff member against a child will immediately inform the General Manager. If the allegations are made against the General Manager, staff will declare the concerns to the Chair of the Board.

– All suspicions, disclosures and information will be recorded factually, accurately recording what is observed or heard. If information is received from another party, this should be clearly noted.

– Allegations of abuse and neglect of a child by a staff member must be recorded by the relevant staff member on a Record of Concern and passed to the appointed person managing the concern. Information relating to staff allegations of abuse will be stored by the General Manager.

– When there are suspicions of abuse by a staff member, both staff and children's rights will be attended to. This means that the safety of the child is of first concern, and that the staff member must have access to legal and professional advice and support.

– The suspected staff member will be prevented from having further unsupervised contact with the child during any part of the investigation. A risk assessment will be undertaken to determine what level of access, if any, the suspected individual should have to other children.

– RISE will not act alone and will refer all situations of suspected child abuse by staff to Oranga Tamariki or Police, as well as adhering to all Employment Relations Act obligations.

– RISE will continue to liaise with Oranga Tamariki and the Police regarding the progress of any investigation.

– If Police decide to undertake a criminal investigation, the member of staff may be suspended, without prejudice, as a precautionary measure. No internal investigation will be undertaken and no evidence gathered that might prejudice the criminal investigation.

– Where allegations are made against staff, any ongoing internal investigation will continue if that staff member resigns, unless doing so might prejudice any criminal investigation.

– If there is insufficient evidence to pursue a criminal conviction, a disciplinary investigation may still be undertaken by RISE.

– RISE will not enter into a settlement agreement, resignation agreement, or reference arrangement that allows a staff member to leave RISE without disciplinary action, or with an agreed neutral or positive reference, where the matter at issue concerned the safety or wellbeing of a child. Any exception requires Board approval and will be documented.

– Staff who raise a concern about a colleague's conduct towards a child in good faith are protected from retaliation, consistent with the Protected Disclosures (Protection of Whistleblowers) Act 2020. No staff member will be disadvantaged for raising a concern in good faith, even where the concern is not subsequently substantiated.

Safer Recruitment

RISE is committed to safer recruitment as the first line of defence in child protection. In addition to safety checking in accordance with current legislation, safer recruitment at RISE includes: confirming identity; obtaining and following up references that specifically address the applicant's suitability to work with children; structured interview questions that explore attitudes towards children, boundaries and safe practice; and checking for unexplained gaps in employment history. Safer recruitment requirements apply to employees, contractors and volunteers alike.

Safe Working Practices

All staff who work with children or who come into contact with children during the course of their work have a duty to keep children safe and protect them from harm. Children have a right to be safe, and to be treated with respect and dignity.

This section gives guidance as to the expectations placed on staff in relation to staff behaviour and conduct with children. RISE expects staff to have a high standard of behaviour based on strong professional boundaries and ethics, in order to protect children from abuse and risk, and to protect staff from unwarranted suspicion.

The following practices are not an exhaustive list and staff are expected to make good judgements about their interaction with children based on integrity and professionalism, ensuring that the welfare of children will always be the paramount consideration.

All staff will have a clear understanding of RISE's Code of Conduct and Code of Ethics and ensure that these Codes are followed at all times.

Personal Relationships

– In all interactions with children, staff will ensure they respect their position of trust and authority and ensure their position is not used for personal advantage or gratification.

– Interactions with children will be respectful, caring and professional.

– Communication and contact between staff and children will take place within clear professional boundaries.

– Contact by whatever means, with children and families, will take place during working hours and will be accurately recorded and transparent.

– Unless otherwise approved by the General Manager, no child should be invited into the home of a member of staff.

RISE recognises there may be times when social interaction outside of working hours may occur between a child or family and a member of staff working with them. If this does occur, details of this must be given to the General Manager who will assess whether a conflict of interest exists. A record of this decision will be held by the General Manager.

Physical Interaction

There are occasions when it is appropriate to have physical contact with a child. If this is seen as necessary, staff must ensure this is done in ways appropriate to their professional roles.

When physical contact is made with a child, this should be in response to their needs at the time, of limited duration and appropriate to their age, stage of development, gender, ethnicity and background.

Technology including social media

– Staff will ensure they use only equipment provided by RISE to communicate with children, making sure that parents have given their permission for this form of communication to be used.

– Staff will not contact children using personal devices or personal social media accounts.

– Written parental consent must be sought for all photographs or videos taken of children, whether they are intended for internal or external use. All photographs and recordings must be carried out using RISE equipment and gain prior approval from the General Manager.

– Care must be taken by staff to ensure that children are not exposed to any unsuitable material by way of internet, films or any other material.

Supervision of children

Staff, as part of their roles, regularly work with youth and follow the Code of Conduct, Code of Ethics and RISE policies at all times. Staff will ensure parental consent is gained for contact with a child which may take place outside of the workplace or outside of usual working hours.

Positive Role Modelling

Refer to RISE’s Code of Conduct and Code of Ethics.

Giving and Receiving of gifts

RISE acknowledges that in the course of engaging with a child, children may give gifts to staff members as a token of appreciation or for supporting positive behaviour. Staff may also give gifts to children to recognise particular achievements.

In order that children and staff are kept safe and that gifts are not misinterpreted, staff must give gifts openly to the child and ensure they are not based on favouritism. Any gift received from a child to a staff member may be accepted having regard to professional boundaries.

Transporting of children

Staff who are required to transport children as part of their role and engagement with children should ensure they follow the Vehicle and Transport Policy.

Reporting concerns

Staff will report to the General Manager and/or Designated Person for Child Protection and record any situation which may place a child at risk or which may compromise RISE or their own professional standing.

Prevention

RISE is committed to the prevention of child abuse and neglect. Prevention is achieved through:

– Employment of new staff following guidelines as set out in the Children's Act 2014

– The Child Protection Policy being available in hard copy and on the RISE website

– Providing a child-safe environment

– Modelling of positive discipline of children by all RISE staff

– Posters and information relating to safe parenting practices being displayed