EXH.002.017.0065 Management Area: Pages: [1 OJ CHILDREN'S SERVICES Version No: [06] Date: [01 /07 /2013] Sub section (if applicable): Signed: YMCA Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM 1. Scope 1.1. Educators, management, families and children. 2. Policy Statement YMCA believes that it is every child's right to be safe and protected. The YMCA believes that all children have the right to grow and learn in an environment which is caring and nurturing. The YMCA states our commitment to the legal and moral obligations of all our educators, including volunteers to ensure the safety and well-being of all children in our care. YMCA employees must report any suspicion of abuse including; physical, emotional, sexual and neglect including educational neglect. 3. Related Policies and Procedures/Guidance Notes 3.1 . Duty of Care Policy 3.2. Administration Policy 3.3. Safeguarding Children and Young People Policy 3.4. Childsafe Code of Conduct 3.5. Educators Recruitment Policy 3.6. Critical Incident Policy 4. Responsibilities and Delegations 4.1. The Children's Services Operations Manager is responsible for the review of this policy. 4.2 Educators and Management are responsible for the implementation of this policy. 4.2. The families and children are responsible for the support of this policy. 5. Child Protection Legislation 5.1 Children and Young Persons (Care and Protection) Act 1998 5.2 The Ombudsman's act 1974 (with the relevant child protection amendment in the reprinted version) 5.3 The Commission for Children and Young People Act 1998 5.4 Child Protection (Prohibited Employment) Act 1998 5.5 Children Legislation Amendment 0fVood Inquiry Recommendations) Act 2009 No 13 5.6 Education and Care Services National Regulations 2011 Child Protection Review Date: July 2014 Created by: Anne-Mary Nolan Page 1 of 10
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Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
1. Scope
1.1. Educators, management, families and children.
2. Policy Statement
YMCA believes that it is every child's right to be safe and protected. The YMCA believes that all children have the right to grow and learn in an environment which is caring and nurturing.
The YMCA states our commitment to the legal and moral obligations of all our educators, including volunteers to ensure the safety and well-being of all children in our care.
YMCA employees must report any suspicion of abuse including; physical, emotional, sexual and neglect including educational neglect.
3. Related Policies and Procedures/Guidance Notes
3.1 . Duty of Care Policy 3.2. Administration Policy 3.3. Safeguarding Children and Young People Policy 3.4. Childsafe Code of Conduct 3.5. Educators Recruitment Policy 3.6. Critical Incident Policy
4. Responsibilities and Delegations
4.1. The Children's Services Operations Manager is responsible for the review of this policy.
4.2 Educators and Management are responsible for the implementation of this policy. 4.2. The families and children are responsible for the support of this policy.
5. Child Protection Legislation
5.1 Children and Young Persons (Care and Protection) Act 1998 5.2 The Ombudsman's act 1974 (with the relevant child protection amendment in the
reprinted version) 5.3 The Commission for Children and Young People Act 1998 5.4 Child Protection (Prohibited Employment) Act 1998 5.5 Children Legislation Amendment 0fVood Inquiry Recommendations) Act 2009 No 13 5.6 Education and Care Services National Regulations 2011
Child Protection Review Date: July 2014 Created by: Anne-Mary Nolan
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
6. Considerations
6.1. National Regulation 84 'Awareness of child protection law' 6.2. National Regulation 273 'Course in child protection' 6.3. National Quality Standard 2: Element 2.3.4 'Educators, co-ordinators and staff
members are aware of their roles and responsibilities to respond to every child at risk of abuse or neglect'
6.4. Children's and Young Persons (Child Protection) Act 1998 6.5. United Nations Convention on the Rights of the Child 6.6. Mandatory Reporting Guide, www.community.nsw.gov.au 6.7. Working with Children Check, www.kids.nsw.gov.au 6.8. Keep them Safe (NSW Government Policy direction) 2009 - 2014,
www.keepthemsafe.nsw.qov.au
7. Records Maintenance
This policy is to be reviewed annually or as required based on operational or legislative change.
PROCEDURES
YMCA Children's Services recruitment procedures must include the use of a Working with Children Check. An educator will not commence a shift in child related work or within a position where there is exposure to children and young people prior to clearance being given.
YMCA Children's Services Induction processes for educators are to include information regarding mandatory reporting, significant risk of harm, cumulative risk of harm and indicators of abuse.
YMCA Children's Services employees I volunteers must report any suspicion of abuse including; physical , emotional , sexual and neglect including educational neglect, using the mandatory reporting guidelines.
All YMCA Children's Services employees are mandatory reporters as they work in child related activities. A mandatory reporter is someone who is required by law to make a report to Family and Community Services if they have concerns about a significant risk of harm to a child (up to 16yrs) or young person (16-18yrs). A child is a person under 16 years. In OSHC services mandatory reporters are:
• Educators, either paid or voluntary who deliver direct services to children.
• Management, whose duties include direct responsibility or direct supervision for the provision of these services.
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EXH.002.017.0067
\~ Management Area: Pages: [10]
CHILDREN'S SERVICES Version No: [06]
Date: (01 /07 /2013] Sub section (if applicable): Signed: ~~\
YMCA OA__j
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
Other YMCA employees or volunteers who come in contact with children (however this policy is to direct CS staff and volunteers).
(For information please see the Keep them Safe website www.keepthemsafe.nsw.gov.au ).
Educators will undergo regular training in relation to child protection and notification requirements in relation to Child Protection legislation. The YMCA allocates part of the training budget to ensure ongoing compliance.
Indicators of significant harm and neglect or to children
There are many indicators of child abuse and neglect. The following is a guide only. In most situations, child abuse is not an isolated incident but a pattern of behaviour occurring over a period of time, the effects of which may be cumulative.
"A child is at risk of significant harm when the circumstances that are causing concern are present to a significant state. This means the concern is sufficient to warrant a response by a statutory authority, such as the NSW Police Force or Community Services, regardless of a family's consent. What is 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". (Definition of Significant Risk of Harm, http://www.narromine.nsw.gov.au/, Accessed 26/09/2012)
"Cumulative harm refers to a series of acts or omissions that, when viewed separately may not indicate significant risk, but when viewed together suggest a pattern of significant harm. Mandatory reporters should keep good records of concerns they have about a child as these concerns may continue and the pattern may constitute a report to the Child Protection Helpline. The Mandatory Reporter Guide includes questions which assist in determining cumulative harm. The Child Protection Helpline provides feedback to mandatory reporters so they know what action should be taken" (www.keepthemsafe.nsw.gov.au 2010)
Indicators of abuse Physical Abuse
Physical abuse refers to non-accidental injury to a child.
It includes any injury caused by excessive discipline, severe beatings or shakings. Physical abuse may result in a range of injuries ranging from soft tissue injuries to dislocations and fractures. It may also include poisoning, attempted suffocation and strangulation or death.
There are three types of indicators of physical abuse to children:
1. Verbal disclosures by the child.
2. Physical injuries found in the locations where it is unlikely a child has injured him or herself, or where the very nature of the injury itself is of concern.
Child Protection Review Date: July 2014 Created by: Anne-Mary Nolan
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
3. Behavioural indicators which reflect: I. Emotional problems, e.g. the child is depressed, reflections in the child's drawings. II. The need the child has to "deal with" violent behaviour by mimicking it or expressing it in ways that are outside the normal boundaries of childhood aggression.
Other Points for Concern in relation to Physical abuse (http://www.narrmine.nsw.qov.au/)
• A marked delay between injury and seeking medical assistance • A history of injury • The child gives some indication that the injury did not occur as stated • The child tells you about someone he/she knows has been hurt • Someone (relative, friend, acquaintance, and sibling) tells you that the child may have
been abused. • Facial, head or neck bruising • Lacerations and welts • Explanations that are not consistent with the 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
Indicators of Abuse in a Parent and Caregiver (http://www.narrmine.nsw.qov.au/)
• Direct admissions from parents about fear of hurting their children • Family history of violence • History of their own maltreatment as a child • Repeated visits for medical assistance
Sexual Abuse
Child sexual abuse refers to any sexual behaviour between a child and an adult or an older, bigger, or more powerful person, for that person's sexual gratification.
There are three types of indicators of child sexual abuse:
1. Verbal disclosures by the child.
2. Physical injuries or signs (medical confirmation is necessary)
3. Behavioural indicators which reflect: I. Emotional problems, e.g. the child is depressed, reflections in the child's drawings. II. The need the child has to "deal with" violent behaviour by mimicking it or expressing it in ways that are outside the normal boundaries of childhood aggression.
Child Protection Review Date: July 2014 Created by: Anne-Mary Nolan
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
Other Points of Concern in Relation to Sexual Abuse (http://www.narrmine.nsw.qov.au/)
• Children describe sexual acts • 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
lndicafors of Sexual Abuse in Parents, Caregivers or anyone else associated with the child (http://www.narrmine.nsw.gov.au/)
• Exposing the child to sexual behaviours of others • Suspected of or charged with child sexual assault • Inappropriate jealousy regarding age appropriate development of independence from
the family • Coercing the child to engage in sexual behaviour with other children • Verbal threats of sexual abuse • Exposing the child to pornography
Neglect
Neglect refers to any serious omission in the provision of care for a child which has the potential to impair the child's psychological, intellectual, or physical development. Neglect may be said to occur when a child is not provided with the basic physical and emotional necessities of life, for an ongoing period of time.
Indicators of Neglect in Children (http://www.narrmine.nsw.qov.au/)
• 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. sucking thumb, rocking • Delay in developmental milestones • Untreated physical problems
Indicators of Neglect in Parents and Caregivers (http://www.narrmine.nsw.qov.au/)
• Failure to provide adequate food, shelter, clothing, medical attention, hygiene or leaving the child inappropriately supervised
• Inability to respond emotionally to the child • Child abandonment • Depriving or withholding physical contact
Child Protection Review Date: July 2014 Created by: Anne-Mary Nolan
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
• Failure to provide psychological nurturing • Treating one child differently to others.
Emotional Abuse (http://www.narrmine.nsw.gov.auL)
Emotional abuse refers to a chronic attitude or behaviour directed at a child or young person, or the creation of an emotional environment, which is seriously detrimental to, or impairs the chi ld or young person's well-being or development.
Indicators of Emotional Abuse in Children (http://www.narrmine.nsw.gov.auL)
• Feeling worthlessness about themselves • Inability to value others • Lack of trust in people and expectations • Extreme attention seeking behaviour • Other behavioural disorders (disruptiveness, aggressiveness, bullying)
Indicators of Emotional Abuse in Parents or Caregivers (http://www.narrmine.nsw.gov.auL)
• Constant criticism, belittling, teasing of a chi ld or ignoring or withholding praise and affection
• Excessive or unreasonable demands • Persistent hostility, severe verbal abuse, rejection and scape-goating • Belief that a particular child is "evil" or 'bad" • Using inappropriate physical or social isolation as punishment • Exposure to Domestic violence
Domestic Violence
Domestic violence is a form of violence that can occur within any relationship. Children experience serious emotional, psychological, social, behavioural and developmental consequences as a result of experiencing violence. Infants and young children are especially at risk.
Indicators of Domestic Violence in Children (http://www.narrmine.nsw.gov.auL)
• Show aggressive behaviour • Develop phobias and insomnia • Experience anxiety • Show symptoms of depression • Experience anxiety • 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
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EXH.002.017.0071
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CHILDREN'S SERVICES Version No: [06] \~ Date: [01 /07 /2013]
ctu(~) Sub section (if applicable): Signed:
YMCA
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
• Have physical complaints
Schooling I Education
As a result of the new legislation a new grounds of indicating that a child may be at risk of significant harm was introduced which refers to parents or guardians who have not made proper arrangements and are unable or unwilling for their children to receive an education .
Responding to concern for abuse
Step 1: Responding to the Child appropriately:
If a child discloses abuse, the child may feel scared, guilty, ashamed, angry or powerless. You in turn, may feel a sense of outrage, disgust, sadness, anger and sometimes disbelief.
It is important that you appear calm and in control of your feelings in order to reassure and support the child.
}- You can show your concern and oare by: • Listening carefully to what the child is saying .
Controlling expressions of panic or shock. • Telling the child you believe him or her. • Reassuring the child that to disclose was the right thing to do. • Tel ling the child that this is not their fault. • Acknowledging that it is hard to talk about such things. • Indicating what you will do.
}- You will not be helping the child if you: Express anger or disgust about what happened. Make promises that you cannot keep.
• Seek further details beyond those that the child freely wants to discuss.
Step 2: Reporting:
If the disclosure is of a serious nature, management must be informed. The mandatory reporting guidelines will be followed. Note: If there is an immediate
danger to the child, the police and/or the Child Protection Hotline should be contacted directly on 133 627
How to contact Family and Community Services (previously DoCS)
After completing the Mandatory Reporters Guide educators are to follow the directives given. Possible directives include contacting Family and Community Services within a stipulated time, referring the child on to a local community service or support the family and monitor progress.
Child Protection Review Date: July 2014 Created by: Anne-Mary Nolan
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
Where an educator feels unsure of the outcome, contact can be made with Family and Community Services to discuss the matter further.
Important aspects for Educators
• Educators will speak to their direct Supervisors I Managers to outline any concerns and seek support.
• Educators will not question the child or parents prior to any discussions with the Departmental Helpline Officers.
• Should the situation arise where the child is considered in immediate danger and the child is taken into Departmental care, educators are to follow the advice of the Departmental Officers.
• Educators should remember that it is not their responsibility to prove the abuse, just to have reasonable suspicion that abuse or neglect has occurred.
• Reports should be treated with strict confidentiality. • The educators will not question the child or parents prior to any discussions with the
Departmental Helpline Officers. • Educators should be aware that they are protected as a notifier under the Children
and Young Persons (Care and Protection) Act 1998
After an Incident
The incident must be documented using the YMCA Incident Report form and the Notification of Serious Incident form should be completed if applicable
If the incident was handled as an emergency and Family and Community Services or the police was contacted directly before notifying any Superior, notify the Coordinator, Children's Services/Manager/Operations Manager and/or Human Resources Manager, as soon as possible.
Where a complaint is made about an educator, or someone in the service
• The same procedures as outlined above should be followed. • The person making the report should follow the advice of the Departmental
Officers. • Management will also follow this advice. • The matter will be treated with strict confidentiality. • Where the allegation is made to an educator or a member of management, the
facts as stated will be recorded in writing including dates, times, name of person involved, name of person making the allegation and the person making the report. This report should be kept on record and treated as strictly confidential.
• If the incident involves a current employee and a child an additional report must be made to the Ombudsman's office.
Child Protection Review Date: July 2014 Created by: Anne-Mary Nolan
Policy Title: CHILD PROTECTION Author: CHILDREN'S SERVICES TEAM
• If the Coordinator is suspected then the Human Resources Manager and Children's SeNices Manager and Children's SeNices Operations Manager should be informed.
• The Coordinator and Management are to follow the advice of the Departmental officers.
• For the protection of both the children and the educator involved, the educator should be encouraged to take special leave or removed from duties involving direct care and contact with children , until the situation is followed up or resolved.
• Support should be given to people making an allegation or persons who have been suspected. This support can be given in the form of counseling or referral to an appropriate counseling seNice.
• Where an allegation is unfounded, the educator will be given support in their return to work.
What to do if a parent comes to pick up their child while under the influence of drugs or alcohol. (See Critical Incident Policy)
• If a parent/guardian appears to be under the influence of drugs or alcohol educators should encourage them to walk home or offer to call someone to help them home. If the educator feels that the child will be put at risk the police should be notified. Try and get the registration number and make of the vehicle to give to the police.
• The incident must be documented using the YMCA Incident Report form
8. Version History
Version
2
3
4
5
6
Child Protection
Description of changes Author
Review and update. A. Nolan New format Review and update. A. Nolan
New structure AM. Nolan
Reviewed for NQF compliance AM. Nolan
Review NQF compliance AM. Nolan
Review Date: July 2014 Created by: Anne-Mary Nolan