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Protecting Children and Supporting Families

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101 views20 pages

Protecting Children and Supporting Families

Uploaded by

Maggie Yung
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Protecting children

and supporting families


A guide to reporting child protection concerns and referring families to support services
About this guide
This guide has been developed for professionals working with children
and families. It aims to assist professionals to:
ll understand their role and responsibilities in ensuring vulnerable
children are protected and families supported

Contents ll make confident and informed decisions about referring or reporting


concerns about a child’s safety or wellbeing
Supporting families earlier 1
ll understand the legislative provisions for sharing information about
Making decisions 2 a child and their family
ll make confident decisions about whether to refer families to
Sharing information 6
Family and Child Connect or support services, or report to
Glossary 14 Child Safety.
Supporting families earlier
In most circumstances, children are best cared for by their own families, ll allows certain professionals from particular prescribed entities to
but sometimes families need support to do this. directly refer families to Family and Child Connect or support services,
where appropriate.
The Queensland child protection system is changing to better support
families to keep their children safe by strengthening prevention and early
intervention services. Vulnerable families and children now have access to
Family and Child Connect
a greater range of high-quality services at the right time to help them to As part of the Supporting Families Changing Futures reform program,
stay safe and stay together. community-based intake and referral services, known as Family and Child
Connect, provide an additional pathway for referring concerns about
The Queensland Government is strengthening intensive family support
children and their families.
services and domestic and family violence prevention and support services.
These services will work with families to get them back on track before their While serious child protection concerns should be reported to Child Safety,
problems escalate and require intervention by Child Safety. families who are at risk of entering or re-entering the child protection
system can be referred to Family and Child Connect.
Queensland child protection legislation
Family and Child Connect provides information and advice to people
Amendments to the Child Protection Act 1999 provide the legal framework
seeking assistance for children and families where there are concerns
for sharing information about child protection concerns. The amended
about their wellbeing. Families who find themselves in need of support can
legislation, commencing from January 2015:
also contact Family and Child Connect for help.
ll clarifies the definition of a ‘child in need of protection’ to include
‘significant harm’ The service is designed to support vulnerable families by assessing their
ll states that any person may report to Child Safety a reasonable needs and referring them to the most appropriate support service. Where a
suspicion that a child may be in need of protection, or an unborn child family has multiple or complex needs and is willing to access support, Family
may be in need of protection after they are born and Child Connect refers them to an intensive family support service.

ll consolidates mandatory reporting requirements A child protection practitioner employed by Child Safety is based at each
ll requires that certain professionals, referred to as ‘mandatory reporters’, Family and Child Connect to assist with identifying and responding to more
report to Child Safety a reasonable suspicion that a child may be in serious concerns that may require statutory intervention.
need of protection caused by physical or sexual abuse
Family and Child Connect also leads local-level alliances of government
ll provides guidance on what to consider in identifying significant harm
and non-government services within the community to ensure vulnerable
when developing a reasonable suspicion that a child may be a ‘child in
children and their families receive the right mix of services at the right time.
need of protection’

1
Making decisions
When you are concerned about a child’s safety or wellbeing, there are
often many factors to consider. You may feel you do not have all of the
information you need or you may be concerned about potential
consequences.

In making a decision, you should:


ll obtain what information you can within a reasonable timeframe,
remembering that it is often better to make a timely decision based
on what you do know
ll where possible, speak to the family about your concerns:
• ­ Ask them about what services they may already be accessing and
whether they would be willing to receive additional support.
• ­ Do not speak with the family about your concerns, if you believe this
will place the child or another person at risk, or affect a possible
criminal investigation.
ll contact the domestic and family violence worker at Family and Child
Connect or DVConnect on 1800 811 811 for advice on how to talk about
your concerns without increasing the risk of violence, if you are
concerned about this risk
ll ensure you are familiar with your agency’s policies and procedures
for dealing with child protection concerns and making referrals to
support services

Protecting
ll use the Child Protection Guide (see page 5) to help you determine the
most appropriate response

children
ll apply your own professional judgment and expertise
and ll seek advice and assistance from colleagues or supervisors, or contact
supporting Family and Child Connect, if you are unsure.

families 2
Where should I refer or report my concerns? The Child Protection Act 1999 defines harm to a child as any detrimental
effect of a significant nature on the child’s physical, psychological or
There are now a number of different pathways for referring or reporting
emotional wellbeing. It is immaterial how the harm is caused. Harm can be
concerns, depending on the seriousness of your concerns and the
complexity of the situation. The diagram on page 4 summarises the caused by physical, psychological or emotional abuse or neglect, or sexual
circumstances for deciding which pathway to follow. abuse or exploitation. Harm can be caused by a single act, omission or
circumstance, or a series of acts, omissions or circumstances. In identifying

What is the threshold for a report to Child Safety? significant harm, you may consider detrimental effects on a child’s physical
or psychological state, the nature and severity, the likelihood that it will
Your concerns meet the threshold for a report to Child Safety if you have
continue and the child’s age. These considerations will also be informed by
formed a reasonable suspicion that a child may be in need of protection, or
your professional knowledge, training and expertise.
that an unborn child may be in need of protection after they are born.
The meaning of ‘may not be able and willing’ is important. A parent may be
Child Safety must be aware of alleged harm or risk of harm to a child, and
willing to protect their child, but not have capacity to do so (that is, they are
reasonably suspect that the child is in need of protection, in order to take
action. Although Child Safety is responsible for making the final ‘not able’). This includes situations where the parent’s inability is due to ill
determination about whether a child is in need of protection, it is important health or because they are a victim of domestic violence. Alternatively, a
that you consider the definition of a child in need of protection when parent may have the capacity and be able to protect their child, but may
reporting to Child Safety. choose not to do so (that is, they are ‘not willing’). This includes situations
where a parent chooses an ongoing relationship with a person who is
You can form a reasonable suspicion that a child may be in need of
harming their child. In many serious cases where a child has suffered, is
protection, if you have information to suggest that the child:
suffering, or is at an unacceptable risk of suffering significant harm, the
ll has suffered, is suffering, or is at an unacceptable risk of suffering severity of the harm or risk of harm itself could be an indication that there
significant harm and may not be a parent able and willing to protect the child.
ll may not have a parent able and willing to protect them from harm.

3
Pathways for reporting and referring concerns

Is there information to suggest Your concern does not meet the threshold for a report to Child Safety.
that the child has suffered, is However, you believe the child is likely to become in need of protection
No
suffering or is at an unacceptable if no preventative support is provided to the family.
risk of suffering significant harm?

Does the family have Is the family consenting


Yes No
multiple or complex needs? to a referral?

Is there information to suggest Yes No Yes


that the child may not have a
No
parent willing and able to Is further assessment of the
protect them from harm? family’s needs required to Are you from
Yes Is the family consenting a particular No
determine the most
appropriate support service? to a referral? prescribed entity?
No

No

Yes No Is the family consenting Are you from


to a referral? a particular Yes Yes
prescribed entity?
Are you from a particular
prescribed entity? Yes
No

No

Refer to an intensive Refer to Family and Refer directly to an


Report to Child Safety
family support service Child Connect appropriate support service

If you are not from a particular prescribed entity, you cannot make a referral to a support service without consent. Continue to support
and monitor the child and family, where possible. Encourage the family to consent to a referral and provide them with relevant
information to seek help. Contact Family and Child Connect for information and advice on how to support the family, if required.

4
The Child Protection Guide It is designed to complement your professional judgment, expertise and
critical thinking. It should be applied within your respective agency’s
The Child Protection Guide is an online tool to support you in deciding
policies and procedures for managing child protection concerns and
which pathway to take to refer or report your concerns about a child’s
making referrals to support services.
safety or wellbeing.
The Child Protection Guide is available at www.communities.qld.gov.au
It was developed by government and non-government agencies to ensure
that Queensland professionals meet reporting obligations to report to Child
Safety, while also enabling families in need of support to access services
without unnecessary statutory intervention.

The Child Protection Guide asks a series of ‘yes or no’ questions about
your concerns and provides a recommended ‘decision point’ based on your
answers. The guide supports your decision making by:
ll focusing on the critical factors
ll clearly identifying the threshold for concerns that require a report to
Child Safety
ll identifying alternative and additional ways to support a family where the
concerns do not meet the threshold
ll operationalising the legislation to ensure reporting obligations are met
ll providing details of local support services
ll providing a consistent and objective framework for analysing concerns
ll promoting shared principles, language and thresholds across the system.

The Child Protection Guide also contains contact details for support
services and links to forms for reporting and referring concerns.

5
Sharing information
Sharing information is a key part of ensuring that vulnerable children are
protected and supported. The Child Protection Act 1999 sets out the legal
framework for reporting concerns about children to Child Safety and
referring families to Family and Child Connect and support services,
including intensive family support services. It outlines information sharing
rights and responsibilities between professionals, Child Safety and services
that support children and families.

When referring or reporting, you are required to act reasonably and


honestly and in the child’s best interests. Child Safety, Family and Child
Connect and other support services that take action to support the child
and family must also consider the child’s best interests.

Sharing concerns and information about a family with the right service
enables a comprehensive assessment, informs decision making and leads
to better outcomes that ensure the child’s safety. Sharing information can
also facilitate a coordinated multi-agency response to families with multiple
or complex needs.

Am I legally obliged to report to Child Safety?


The Act requires certain professionals, referred to as ‘mandatory reporters’,
to make a report to Child Safety, if they form a reasonable suspicion that a
child has suffered, is suffering or is at an unacceptable risk of suffering
significant harm caused by physical or sexual abuse, and may not have a

Protecting parent able and willing to protect them.

children
Although not specified in the legislation, mandatory reporters should also

and report to Child Safety, if they form a reasonable suspicion that a child is in

supporting need of protection caused by any other form of abuse or neglect.

families 6
Am I a mandatory reporter? Sharing information without consent
Under the Child Protection Act 1999, mandatory reporters are:
If you form a reasonable suspicion that a child is in need of protection,
ll teachers you should report your concerns to Child Safety.
ll doctors
In cases where your concerns do not meet the threshold for a report to
ll registered nurses Child Safety but you consider the child is likely to become in need of
ll police officers with child protection responsibilities protection if no support is provided, the Child Protection Act 1999 allows
ll a person performing a child advocate function under the certain professionals (see page 8) to make a direct referral to Family and
Public Guardian Act 2014 Child Connect or a support service to enable support to be offered to the
ll early childhood education and care professionals. family. Service providers are skilled at engaging families and encouraging
them to access support.
Doctors and registered nurses are mandatory reporters whether they are
employed in the private or public health sector. The legislative provision that enables direct referrals without consent allows
early support to be offered to the family before problems escalate and
Child Safety employees and employees of licensed care services are require statutory intervention. Sharing information takes precedence over
mandated to report a reasonable suspicion that a child in care has suffered, a parent’s right to confidentiality or privacy because the safety, welfare and
is suffering, or is at an unacceptable risk of suffering significant harm wellbeing of the child is paramount.
caused by physical or sexual abuse.
Following a direct referral, the family must give consent for any further
Sharing information with consent information sharing with another Family and Child Connect or support service.

Where possible, you should obtain a family’s consent to share information.


You do not need written consent to share information. A verbal agreement
or acknowledgment is sufficient. It is advisable to document the conversation
for your own records.

The table on page 8 summarises the circumstances in which consent is


required to share information.

7
Who can directly refer families for support? A family may initially refuse support but then change their mind once they
have had time to consider the offer or if their circumstances change.
Certain professionals from particular entities prescribed under section
159M of the Child Protection Act 1999 can directly refer families to Family For this reason, you should ensure the family has the information to contact
and Child Connect or support services to prevent a child from becoming in appropriate services themselves and, if possible, continue to support and
need of protection. This enables the professional to provide information monitor the child and family. If the situation changes and your concerns
about the child or their family to a support service to assess their needs become more significant, you should reconsider your options for referring
and offer help in a timely manner. or reporting.
Professionals from particular prescribed entities include: Do I need consent to refer or report?*
ll the chief executive or authorised officers of the department responsible
I am from I want to refer or report to Is consent required?
for administering the Act
Child Safety Family and Child Connect No
ll delegated officers of government:
A support service No
• community services
A particular Family and Child Connect No
• corrective services
prescribed entity A support service No
• disability services
Child Safety No
• education services
• housing services Family and Child Safety No
• health services Child Connect Another Family and Yes
Child Connect
ll the police commissioner
A support service Yes
ll the chief executive of the Mater Misericordiae Health Services Brisbane
An organisation Child Safety No
ll principals of non-state schools. or agency that is Family and Child Connect Yes
not a particular A support service Yes
What should I do if I am not authorised to directly prescribed entity
refer families for support?
* A reasonable suspicion that an unborn child may be in need of
If you are not a professional from a particular prescribed entity and not
protection after they are born may be reported to Child Safety without
authorised to share information without family consent, you should continue
consent. However, a referral to Family and Child Connect or a support
to discuss your concerns with the family and encourage them to either
service can only be made with the consent of the pregnant woman,
give their consent for you to make a referral or seek support themselves.
regardless of your profession or the organisation you work with.
8
Matt is a professional from a particular prescribed entity —
the government housing department. He has ongoing contact
with a family with two children regarding the upkeep of their
house. The father lost his job several months ago and the family
has been struggling to manage their budget. Matt has noticed there
are often a lot of beer cans in the garbage and is concerned that one
or both of the parents are drinking heavily, although they have denied it.
On a few occasions, the children have asked Matt for food as they
were hungry and there was limited food in the house.

The children appear to be maintaining a healthy weight so Matt does


not feel his concerns reach the threshold for a report to Child Safety.
He has spoken to the parents about his concerns and has suggested
that they seek help from a support service. The parents advised that
they do not need help to get back on track, they just need to find work.

Matt is concerned that the situation has been ongoing for some time
now and may worsen if the family does not access support, which may
place the children at risk of harm. He feels that the family has multiple
issues and more could be done to engage them and identify their
needs so that appropriate support can be accessed, so he makes
a referral to the local Family and Child Connect.

Matt is aware that as a delegated officer from a particular


prescribed entity he is authorised to make a referral without
the family’s consent. However, he lets the family know
that he has contacted Family and Child Connect and
that they will be in contact to offer help.

9
What if I refer or report to the wrong service?
Referring or reporting your concerns to the most appropriate service
leads to a faster response and often better outcomes. The service you
refer or report to will gather further information and use their specialist
expertise to decide how best to respond, including sharing the
information with another service if they determine it is better placed to
respond to the concerns.

For example, if you act honestly and reasonably in referring a family to


Family and Child Connect or an intensive family support service, and
the service assesses that the matter reaches the threshold for a report
to Child Safety, they will ask you to report this directly to Child Safety.
This ensures that all relevant information can be provided to Child
Safety, and protects you as the notifier under the Child Protection Act
1999. If the service is unable to gauge whether the report has been
made, they will report the matter to Child Safety and provide your
contact details in the event that Child Safety requires more information
from you.

Will my identity be disclosed?


Many professionals wish to keep their identity confidential when they
share information with Child Safety, and confidentiality provisions are
in place to allow for this.

However, better outcomes are often achieved when you are open
about your concerns and advise the family that you intend to share or
have shared their information, particularly when you are referring them
to support services. The family will then be more open to addressing
their problems, rather than questioning who made the referral or report.

10
Identifying yourself also makes it easier for you to be part of any plans
developed to help the child and family.
How am I protected when I share
When making your referral, advise Family and Child Connect or the
information with Child Safety?
support service if you have any concerns about your identity being
disclosed to the family. The Child Protection Act 1999 offers the
following protections when you provide
When sharing information with Child Safety, your identity will information about a child who may be in need
remain confidential. of protection, or an unborn child who may be in
need of protection once they are born:
Can I be asked to share information?

1
Your identity will not be disclosed
Child Safety or Family and Child Connect can ask you to share
unless the disclosure of your
information that is relevant to the work they are doing with a child.
identity is permitted under
Chapter 5A of the Act allows relevant information to be shared between limited exceptions.

2
Child Safety, other government agencies and non-government
You cannot be held legally liable
organisations that provide services to children and families. It outlines
(for example, for criminal prosecution
information-sharing provisions and the circumstances under which
or a civil suit for defamation or
relevant information can be shared without the consent of the family in
breach of privacy) if you are acting
order to meet the protection and care needs of the child.
honestly and reasonably.
Although the Act allows relevant information to be shared without the

3
consent of the family in certain circumstances, it is best practice in You cannot be held professionally
most cases to seek consent. There may be some instances when it is liable (for example, for disciplinary
more appropriate to share the information immediately without seeking action) if you are acting honestly
consent — for example, Child Safety may seek information from you to and reasonably.
inform their decision making during an investigation and assessment.

11
What is relevant information? Can I confer with colleagues?
Section 159C of the Act defines ‘relevant information’ and the
Section 13H of the Act authorises mandatory reporters to confer with a
circumstances under which it can be shared.
colleague employed within their own agency to:
The types of information that may be shared with Child Safety, Family and ll form a reasonable suspicion that a child may be in need of protection
Child Connect or a support service may include, but is not limited to:
ll take action to respond to suspected harm or risk of harm
ll the progress of a child or family towards achieving the goals of the
ll report to Child Safety and maintain records about a child who may be
support or case plan and of the service you provide
in need of protection.
ll the views and wishes of the child
For example, a teacher might discuss their concerns with the school
ll the views and wishes of family members
principal so that the principal can make a report to Child Safety and ensure
ll any known history of the child suffering harm the child is protected at school.
ll any periods that the child has been cared for by other people
ll any significant issues relating to the child’s siblings What happens after I make a referral or report?
ll the child’s physical health, including any medical treatment and needs If you would like further information about the process following your referral
or report, you can discuss this with Family and Child Connect or the
ll any psychological and emotional difficulties the child may have
support service.
ll the child’s education, including any special educational needs
For more information about the Child Safety process following a report,
ll any disabilities the child may have, including any special care they
may need please contact the local child safety service centre or visit
www.communities.qld.gov.au/childsafety
ll any significant health problems of the child’s parents
ll whether a parent has a mental illness, substance-abuse problem,
disability or a history of domestic and family violence
ll whether a parent is receiving treatment or accessing support for any
of the above issues
ll information about a person who may pose a risk to the child.

12
For more information
For more information about information sharing, reporting to Child Safety,
referring to Family and Child Connect or other support services, or the
Child Protection Act 1999, go to www.qld.gov.au/strongerfamilies

You may also discuss any queries with your line manager, a child
protection specialist in your agency or with Family and Child Connect
on 13FAMILY.

13
Glossary
Child
An individual under 18 years. Once a person turns 18, they are regarded
as an adult.

Child in care
A child placed in the care of an entity conducting a departmental care
service, or a licensee.

Child in need of protection


A child who has suffered significant harm, is suffering significant harm,
or is at an unacceptable risk of suffering significant harm, and does not
have a parent able and willing to protect them from harm.

Child Protection Guide


An online tool to support professionals in making decisions about where
to refer or report their concerns.

Child Safety
The Queensland Government agency responsible for child protection and
adoption services. It is dedicated to protecting Queensland children and
young people who have been subject to harm or are at risk of significant
harm, and whose parents cannot adequately care or protect them. It is part
of the department that administers the Child Protection Act 1999.

Protecting
children
and
supporting

families 14
Domestic and family violence Mandatory reporters
Violent or abusive behaviour by a person towards their partner, ex-partner, Teachers, doctors, registered nurses, police officers with child protection
co-parent, family member, carer or person for whom they are providing responsibilities, and persons performing a child advocate function under
care. Domestic and family violence includes physical and sexual abuse, the Public Guardian Act 2014. Doctors and registered nurses are
emotional and psychological abuse, economic abuse, threats, coercive mandatory reporters whether they are employed in the private or public
behaviour, or any other behaviour that controls, dominates or causes fear health sector.
for the safety and wellbeing of the direct victim or any other person,
Child Safety employees and employees of licensed care services are
including a child.
mandated to report a reasonable suspicion that a child in care has suffered,
Family and Child Connect is suffering, or is at an unacceptable risk of suffering significant harm
A non-government community-based intake and referral service to refer caused by physical or sexual abuse.
child protection concerns, so that vulnerable children and their families can
Multiple and/or complex needs
access relevant support services based on their assessed needs.
‘Multiple needs’ refers to situations where the family may be facing several
Intensive family support services different issues, for example, domestic and family violence, substance
Family support delivered under a lead case management model to address misuse, and mental health.
multiple and/or complex needs and assist families to build their capacity to
‘Complex needs’ refers to the impact on many aspects of the family’s
care for and protect their children. General and specialist interventions,
functioning caused by a single chronic or significant issue.
including practical in-home support, are delivered by the service as part of
a single family case plan. Families are linked to appropriate external specialist Parent
responses in order to address identified needs. Intensive family support is A child’s mother, father, or someone else having or exercising parental
delivered over an extended period until case plan goals are met, resulting responsibility for the child. A person temporarily standing in the place of a
in measurable improvements in the wellbeing of children and their families. parent is not a parent of the child. A parent of an Aboriginal child includes a
person who, under Aboriginal tradition, is regarded as a parent of the child.
Local-level alliance
A parent of a Torres Strait Islander child includes a person who, under
An alliance of government and non-government services within the
Islander custom, is regarded as a parent of the child.
catchment area to ensure collaborative planning and integrated and timely
responses to vulnerable children and their families. Family and Child
Connect leads local alliances.

15
Prescribed entity Significant harm
Certain professionals from particular entities prescribed under section Any detrimental effect of a significant nature on the child’s physical,
159M of the Child Protection Act 1999, including the chief executive of the psychological or emotional wellbeing. Harm can be caused by physical,
department responsible for administering the Act; delegated officers of psychological or emotional abuse or neglect, or sexual abuse or
government community, corrective, disability, education, housing, and health exploitation, and it is immaterial how the harm is caused.
services; the police commissioner; the chief executive of the Mater
The Child Protection Act 1999 provides guidance on what can be
Misericordiae Health Services Brisbane; and principals of non-state schools.
considered in identifying ‘significant harm’, including detrimental effects on
Reasonable timeframe a child’s body or psychological state that are evident or may become
A period of time that, in your professional opinion, is appropriate to the evident, their nature and severity, and the child’s age. A professional may
severity and urgency of the situation. use their knowledge, training and expertise in identifying significant harm,
which recognises that professionals may detect an impact of harm that
Reportable suspicion
non-professional people may not.
Where a child has suffered, is suffering, or is at an unacceptable risk of
suffering significant harm caused by physical or sexual abuse, and may Support services
not have a parent able and willing to protect the child from harm. A broad range of services provided by government or non-government
organisations to assist and support members of the community. These
Reporter
services may include case management, Intensive Family Support
A person who informs Child Safety about alleged significant harm or
services, or specific services such as counselling, parenting courses,
alleged risk of significant harm to a child and reasonably suspects the
health, domestic and family violence support, or emergency housing.
child may be in need of protection, irrespective of how the information
is recorded or responded to by Child Safety. Teacher
An approved teacher under the Education (Queensland College of
Service provider
Teachers) Act 2005, employed at a school.
Any person providing a service to children or families, including
Recognised Entities and prescribed entities.

16
Disclaimer
The information in this guide about responding to child protection concerns
and providing early intervention for families is specific to Queensland.

This guide is intended to support a holistic approach for responding to child


protection concerns that may also include:
ll consulting legislation
ll applying the Child Protection Guide
ll participating in training
ll referring to agency-specific policy and procedures
ll applying your own professional judgment and expertise.

It should not be considered in isolation when making decisions about


information sharing, reporting and referring.

Further information and resources can be found at


www.qld.gov.au/supportingfamilies

© The State of Queensland (Department of Communities, Child Safety and Disability


Services) 2014

Copyright protects this publication. Excerpts may be reproduced with acknowledgment of


the State of Queensland (Department of Communities, Child Safety and Disability Services).

Department of Communities, Child Safety and Disability Services


GPO Box 806
Brisbane QLD 4001
www.communities.qld.gov.au
Photo credits: VolNa69/iStock/Thinkstock (Front cover); Feverpitched/iStock/Thinkstock (Inside front cover); monkeybusinessimages
iStock/Thinkstock (Page 2, 13, 14); Fuse/Thinkstock (Page 5); fotoedu/iStock/Thinkstock (Page 6); Hemera Technologies/ AbleStock.com/
Thinkstock (page 10).
0144_DEC-2016_v22

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