CARE AND PROTECTION POLICY:
CHILD AND YOUTH
PURPOSE
Suspected or Actual Abuse
SUPPORT
REPORTING
CONSENT & CONFIDENTIALITY
CULTURAL CONSIDERATION
DOCUMENTATION
STAFF TRAINING
MONITORING & VIEWING
LEGISLATION
CHILDREN, YOUNG PERSON & FAMILIES ACT 1989
Section 6 – Welfare and interests of child or young person paramount In all matters relating to the administration or application of this Act, the welfare and interests of the child or young person shall be the first and paramount consideration.
Section 15 – Reporting of ill-treatment or neglect of child or young person Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated abused neglected, or deprived may report the matter to a social worker or a member of the Police.
Section 16 – Protection of person reporting ill-treatment or neglect of child or young person No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person pursuant to section 15 of this Act of information concerning a child or young person (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith.
THE PRIVACY ACT 1993
HEALTH ACT 1956
The table below identities associated documents
Legislation / Regulations / Plans
Health and Information Privacy Code 1994
The Privacy Act 1993: http://www.legislation.govt.nz/act/public/1993/0028/latest/DLM296639.html
Child, Young Person and their Families Act 1989: http://www.legislation.govt.nz/act/public/1989/0024/latest/DLM147088.html
Health Act 1956
The Care of Children Act 2004: http://legislation.govt.nz/act/public/2004/0090/latest/DLM317233.html
United Nations Convention on the Rights of the Child: http://www.occ.org.nz/childrens-rights-and-advice/uncroc/
- The following policy provides policy oversight when working at Manurewa Marae with children, young people and whānau/families.
- It is founded on Manurewa Marae acknowledging that children and young people have a right to be treated with dignity and respect; be free from physical, emotional and sexual harm and have their needs met in a safe environment.
- This policy will promote a consistent and comprehensive approach to the care and protection of children and young people by all staff, board, volunteers and interns/students working within Manurewa Marae.
- A fundamental expectation is that all staff, board, volunteers and interns/students will under a police check to work with children and young people.
- Manurewa Marae will ensure that the child abuse reporting policy is adhered to by all staff, annually evaluated and modified as necessary.
- This Policy applies to all staff, board, volunteers and interns/students at Manurewa Marae
Suspected or Actual Abuse
- For the purpose of this policy, child abuse can be defined as: “meaning the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person” (CYP&F Amendment Act 1995 Section 2)
- Whenever child abuse is identified or suspected the matter must be referred to Child Youth and Family following the Manurewa Marae Care and Protection guidelines.
- Information volunteered by the child or young person should be fully and accurately recorded. However, no in-depth interview of a child or young person should be attempted.
- Child, Youth and Family Service and the police have statutory responsibility for the investigation of child abuse.
- This policy will be used in conjunction with Manurewa Marae care and protection guidelines.
- No decisions or actions in respect of child abuse/suspected/potential child abuse are to be made by any Manurewa Marae worker in isolation unless there is concern for the immediate safety of the child.
- In cases where immediate safety is a concern, any Manurewa Marae staff member is able to make referrals directly to CYFS or the police.
- Consultation procedures should take place as soon as possible after a referral has been made with Manurewa Marae and documented.
SUPPORT
- As soon as possible consideration should be given to making contact with a supportive parent or other supportive whānau/family member identified by the child or young person.
- If appropriate, cultural input or resources should also be obtained. If English is not a first language then interpreting services should be engaged.
REPORTING
- In principle, parents/caregivers should be informed at the earliest possible time about a referral to CYFS and/or the police.
- However, this should be done with consideration to the immediate safety of the child, the impact on the whānau / family and the identification of the suspected abuser.
- Safety of the staff member is to be considered.
CONSENT & CONFIDENTIALITY
- If a worker is required to share documented information regarding the child or young person then consent will be obtained. Refer to Manurewa Marae Consent and Confidentiality Policy.
- Exceptions will be made when it is deemed to be in the best interest of the child or young person in cases of care and protection.
- It is recommended that supervision is available by all staff, volunteers and interns/students working with children and young people. Cases referred to CYFS will be brought to a review process within Manurewa Marae
CULTURAL CONSIDERATION
- To be advised/completed by Chantelle Whaiapu, Lorraine Byers or Robyn Clarke
DOCUMENTATION
- Manurewa Marae staff, board, volunteers and interns/students will document all information received from the child or young person.
- The documentation should be written verbatim, timely, factual, concise, signed and dated.
- Documentation should reflect the seriousness of risk to the child or young person and what action you have taken to ensure their safety.
STAFF TRAINING
- All staff will undergo training in Care and Protection and legislation that supports safe practice.
- This will include prevention, recognition and responding to child and young person abuse and the issues pertaining to care and protection.
- All staff will undergo training as part of the staff orientation programme and attend annual updates.
MONITORING & VIEWING
- All staff, board, volunteers and interns/students of Manurewa Marae understand, implement and are guided by this policy
- Actions will be monitored through the normal review audit and quality processes
- all incidents and errors relating to any of the procedures in this document will be documented as per the incident, accident and serious harm policy
LEGISLATION
- The following legislation underpins this Care and Protection policy
CHILDREN, YOUNG PERSON & FAMILIES ACT 1989
Section 6 – Welfare and interests of child or young person paramount In all matters relating to the administration or application of this Act, the welfare and interests of the child or young person shall be the first and paramount consideration.
Section 15 – Reporting of ill-treatment or neglect of child or young person Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated abused neglected, or deprived may report the matter to a social worker or a member of the Police.
Section 16 – Protection of person reporting ill-treatment or neglect of child or young person No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person pursuant to section 15 of this Act of information concerning a child or young person (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith.
THE PRIVACY ACT 1993
- The Privacy Act sets out the law for protecting the information that is about an identifiable person.
- With respect to the release of information, the Act recognises that in specific circumstances it will be appropriate to release information to someone other than the person whom the information is about.
- Examples of circumstances where the Privacy Act allows information to be disclosed include if it is necessary to maintain the law or to protect someone’s health and/or safety or another law authorises the release of that information.
- The CYP&F Act 1989 is one of those laws that, in certain circumstances authorises the release of information to the Department of Social Development.
- All the privacy restrictions are overridden by sections 15 and 16 of the CYP&F Act (1989), which provide for the voluntary reporting of child abuse and protect from civil, criminal or disciplinary proceedings any person disclosing in good faith information pertaining to the child abuse.
- Manurewa Marae are able to release information to NZCYFS or the police in the following circumstances: if there is a concern for a child or young person’s immediate safety; and/or a client/parent is the (suspected) abuser; or the health agency holds information relevant to care and protection issues under investigation by NZCYFS.
HEALTH ACT 1956
- 22(C)(2)(c) and (f) permit any person holding health information to make it available to a social worker or care and protection coordinator or a police officer if they require it for performing their powers, duties or functions under the CYPF Act
- They do not impose an obligation
- Social workers when making a request should specify what duty or function they need the information for
- If providers do not wish to supply the information and it is needed for an investigation, Child, Youth and Family may need to obtain a Court order under section 59 of the CYP&F Act
The table below identities associated documents
Legislation / Regulations / Plans
Health and Information Privacy Code 1994
The Privacy Act 1993: http://www.legislation.govt.nz/act/public/1993/0028/latest/DLM296639.html
Child, Young Person and their Families Act 1989: http://www.legislation.govt.nz/act/public/1989/0024/latest/DLM147088.html
Health Act 1956
The Care of Children Act 2004: http://legislation.govt.nz/act/public/2004/0090/latest/DLM317233.html
United Nations Convention on the Rights of the Child: http://www.occ.org.nz/childrens-rights-and-advice/uncroc/