Disclosure

CHCPRT001
Identify and Respond to Children and
Young People at Risk
Types of Abuse
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Physical
Sexual
Emotional
Family Violence
Neglect
Why Abuse Occurs
• Many & varied reasons
• ‘Triggers’ vary from case to case
Four interrelated factors
• Individual characteristics
• Individual’s relationships
• Individual history
• Sociocultural beliefs & values
Triggers for Abuse
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Poverty
Lack of education
Serious marital problems
Frequent changes of addresses
Violence between family members
Lack of support from the extended family
Loneliness and social isolation
Unemployment
Inadequate housing
Triggers for Abuse
In some cases the abuser may also display the following:
o Very high expectations of the child and what the
child should achieve
o The parent may have been abused as a child
o A lack of knowledge and skills in bringing up children
o Low self esteem and self confidence
o Depression
o Alcohol and/or drug abuse
o Mental or physical ill health
o Work pressures
Triggers for Abuse
Certain community attitudes may encourage child
abuse. These include:
o Acceptance of the use of violence and force
o Acceptance of physical punishment of children
o Acceptance of parents "ownership" of children
and their right to treat children as they see fit
o Racism
o Inequality between men and women
Perpetrators of Abuse
Perpetrators of Abuse
• There is no common profession, trade, class, relation
when it comes to perpetrators of abuse
• Males are more likely to be perpetrators than
females
• ‘…it is clear, with the exception of sexual abuse,
children are more likely to be abused or neglected
by a parent and/or caregiver’. (AIFS 2014)
Perpetrators of Sexual
Abuse
• Girls are more likely to be victims
• Far greater number of offences committed by those
other than parents/caregivers
• Perpetrators are mostly male
• Use deliberate strategies to commit sexual abuse
o Serial perpetrator
o Opportunistic
o Situational
Abuse in Indigenous
Communities
• Indigenous Australian and Torres Strait Islander
children are more than 8 times more likely to be the
victims of sexual abuse than mainstream children.,
Indicators of Physical
Abuse
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Bruises and welts.
Fractures
Burns and Scalds
Abdominal injuries -The signs are pain, vomiting,
restlessness and fever.
Head or brain injuries.
Lacerations and abrasions
Human bite marks.
Multiple injuries
Behaviour Indicators of
Physical Abuse
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wary of physical contact with adults.
unduly frightened of a parent or another adult.
show emotion when hurt.
unlikely, implausible explanations of injuries.
habitually absent from school without an
explanation.
Behaviour Indicators of
Physical Abuse
• wears inappropriate long sleeved clothing on hot
days (to hide bruising or other injuries).
• overly compliant, shy, withdrawn, passive and
uncommunicative.
• hyperactive, aggressive, disruptive and destructive
• displays regressed behaviour, such as bedwetting
or soiling.
• running away
• criminal behaviour
• drug abuse
• acting out behaviour.
Indicators of Sexual
Abuse
• Has nightmares or other sleep problems without an
explanation
• Seems distracted or distant at odd times
• Has a sudden change in eating habits
• Refuses to eat
• Loses or drastically increases appetite
• Has trouble swallowing.
• Sudden mood swings: rage, fear, insecurity or
withdrawal
Indicators of Sexual
Abuse
• Leaves “clues” that seem likely to provoke a discussion
about sexual issues
• Writes, draws, plays or dreams of sexual or frightening
images
• Develops new or unusual fear of certain people or
places
• Refuses to talk about a secret shared with an adult or
older child
• Talks about a new older friend
• Suddenly has money, toys or other gifts without reason
• Thinks of self or body as repulsive, dirty or bad
• Exhibits adult-like sexual behaviours, language and
knowledge
Indicators of Sexual Abuse in
Younger children
• An older child behaving like a younger child (such
as bed-wetting or thumb sucking)
• Has new words for private body parts
• Resists removing clothes when appropriate times
(bath, bed, toileting, diapering)
• Asks other children to behave sexually or play
sexual games
• Mimics adult-like sexual behaviours with toys or
stuffed animal
• Wetting and soiling accidents unrelated to toilet
training
Indicators of Sexual
Abuse in Adolescents
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Self-injury (cutting, burning)
Inadequate personal hygiene
Drug and alcohol abuse
Sexual promiscuity
Running away from home
Depression, anxiety
Suicide attempts
Fear of intimacy or closeness
Compulsive eating or dieting
Emotional Abuse
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Overly compliant, passive and undemanding
Anxious and depressed
Withdrawn
Avoids other children
Behaves younger than age
Finds it difficult to make friends
Aggressive, demanding
Lags behinds in physical, emotional or intellectual
development
Very demanding/overly obedient
Behaves in a adult like manner
Bed wetting or soils
Low self esteem
Indicators of Family
Violence
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Physical abuse
Behavioural Indicators of abuse
Poor school performance
Self blame
Aggressive language and behaviour
Protecting Children from
Harm
Child Safe Legislation
Criminal Law Reform
Three new criminal offences were introduced to improve
responses within organisations and the community to child sexual
abuse.
1. Grooming offence targets communication, including online communication,
with a child under the age of 16 or their parents with the intent of committing
child sexual abuse.
This offence targets predatory conduct undertaken to prepare a child
for sexual abuse at a later time with the groomer (aged 18 years old
or over) or another adult.
Maximum penalty 10 years imprisonment.
Criminal Law Reform:
Grooming
The offence applies when:
• An adult communicates, by words or conduct, with a child
under the age of 16 years or with a person who has care,
supervision or authority for the child, and
• the intention of the communication is to facilitate the
child’s involvement in sexual conduct, either with the
groomer or another adult.
• Grooming does not necessarily involve any sexual activity or even
discussion of sexual activity – for example, it may only involve
establishing a relationship with the child, parent or carer for the
purpose of facilitating sexual activity at a later time.
2.
Criminal Law Reform:
Failure to disclose
Failure to disclose child sexual abuse offence that requires adults to report
to police a reasonable belief that a sexual offence has been committed
against a child (unless they have a reasonable excuse for not doing so).
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It establishes that reporting child sexual abuse is a community-wide
responsibility.
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The law states that all adults must report to police:
• any reasonable belief that a sexual offence has been
committed
• by another adult (over 18)
• against a child under the age of 16.
unless there is a reasonable excuse or an exemption applies.
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Failure to disclose does not change mandatory reporting obligations.
Maximum penalty is 3 years imprisonment.
Criminal Law Reform:
Failure to disclose
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A reasonable excuse includes:
• A fear for safety, either to the victim or another person as a result of the
disclosure
• The information has already been disclosed to police (for example, because a
mandatory report has been made to child protection)
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It does not include a concern for ‘perceived interests’, such as
reputation, legal liability or financial status.
Other exemptions include:
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the victim requests confidentiality (exemption does not apply if the victim is under 16 at the
time of disclosing the abuse, or has an intellectual disability and is unable to make an
informed decision about the disclosure)
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the person is a child when they formed a reasonable belief
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the information would be privileged (for example, client legal privilege)
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the information is confidential communication
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the information is in the public domain
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where police officers are acting in the course of their duty.
Criminal Law Reform:
Failure to disclose
Minh is a social worker who provides outreach and
support services to young people.
Her 19 year old client, Tam, discloses to her that he is in
a sexual relationship with his 15 year old girlfriend.
• Is Minh required to report this?
Criminal Law Reform:
Failure to disclose
• Example: Is Minh required to report this?
Yes.
There is a sexual offence against a child. Tam’s girlfriend is not able to
lawfully consent to sexual activity with a 19 year old. Therefore there
is a sexual offence against a person aged under 16.
Minh should have formed a reasonable belief that a sexual offence
against a child had occurred by Tam’s disclosure.
No exemption seems to apply. The disclosure would not fall within the
confidential or privileged exemption, and Minh must report the offence
to police.
However, she would not be required to report the offence to police if
she has already made a report to DHHS Child Protection.
Criminal Law Reform:
Failure to protect
3. Failure to protect a child from sexual abuse offence applies
to people within organisations if:
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they hold a position of authority within a relevant organisation that works
with children
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they know of a substantial risk another adult associated with the
organisation may commit a sex offence against a child under 16 within the
organisation’s care
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they have the power or responsibility to remove or reduce that risk
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BUT they negligently fail to do so.
Maximum penalty is 5 years imprisonment.
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Criminal Law Reform:
Failure to protect
What is a 'relevant organisation'?
A relevant organisation is one that exercises care, supervision or authority over children,
whether as part of its primary function or otherwise. This includes:
churches and religious bodies
education and care services (i.e., childcare centres, family day care,
kindergartens, outside school hours care services)
licensed children's services such as occasional care services
schools and other educational institutions
boarding schools and student hostels
out-of-home care services
community service organisations providing services for children
• hospitals and other health services
• government agencies or departments providing services for children
• municipal councils (e.g., those that deliver Maternal and Child Health
services)
• sporting groups and youth organisations.
Criminal Law Reform:
Failure to protect
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Person in authority is dependent on the degree of supervision,
power or responsibility to remove or reduce substantial risk posed
by an adult associated with the organisation. For example, CEOs,
board, council and committee members, principals, residential
house supervisors, religious leaders.
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A person associated with the organisation includes an employee,
volunteer, or contractor. For example, it would include a parent
who volunteers at a school to assist in the classroom or on an
excursion.
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Substantial risk includes the likelihood a child will become a victim
– the legal test is whether a ‘reasonable person’ would have
judged the risk.
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Negligently failing to reduce or remove risk refers to inaction
knowing there is a substantial risk. Could also include action such
as moving an adult associated with the organisation to another
location where they will still have contact with children.
Criminal Law Reform:
Failure to protect
When is someone associated with an organisation?
CEO/Owner
/ Director/
Principal
Manager
Employee
Person
accessing
service
Team Leader
Contractor
Volunteer
Agent
Does NOT include a person solely because that
person receives services from the organisation.
Criminal Law Reform:
Failure to protect
• Who is a person in a position of authority?
Board and
Board
Members
CEO/Owner
/ Director /
Principal
Manager
Employee
Team Leader
Contractor
Volunteer
supervisor
Agent
Criminal Law Reform:
Failure to protect
Jennifer is a manager at a local health service in
metropolitan Melbourne. One of the workers
approaches her to advise that a volunteer was
observed behaving in an inappropriate sexual
manner with one of the children at the organisation.
Jennifer advises the volunteer that he is no longer
required at the organisation, and assists him to
relocate to another position in their partner
organisation in NSW.
• What offences may be considered against Jennifer?
Criminal Law Reform:
Failure to protect
• Example: What offences may be considered against Jennifer?
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Jennifer could be charged under the failure to disclose offence.
She does not report the inappropriate sexual contact with the child, this could
be considered to be grooming and must be reported to police unless Jennifer
has a reasonable excuse.
Jennifer could be charged under the failure to protect offence.
• A health service is a relevant organisation that exercises care, supervision or
authority over children.
• Jennifer is in a position of authority by being manager.
• The volunteer is a person associated with Jennifer’s organisation.
• Jennifer has the power to reduce or remove the risk and negligently fails to do
so, because she does not report the offence to police and does not suspend
the volunteer, but instead helps him to move interstate.
Child Safe Principles
Child Safe Principles in
Plain English
The Victorian Child Safe Standards comprise seven (7)
Standards and three (3) Principles.
The seven (7) Standards are as follows:
Standard 1: Strategies to embed an organisational
culture of child safety, including through effective
leadership arrangements.
Standard 2: A child safe policy or statement of
commitment to child safety.
Standard 3: A code of conduct that establishes clear
expectations for appropriate behaviour with children.
Child Safe Principles in
Plain English
Standard 4: Screening, supervision, training and other
human resources practices that reduce the risk of
child abuse by new and existing personnel
Standard 5: Processes for responding to and reporting
suspected child abuse.
Standard 6: Strategies to identify and reduce or
remove risks of child abuse.
Standard 7: Strategies to promote the participation
and empowerment of children.
Child Safe Principles in
Plain English
In addition to the seven (7) Standards, there are three
(3) Principles to each Standard:
Principle 1: Promoting the cultural safety of Aboriginal
and Torres Strait Islander children;
Principle 2: Promoting the cultural safety of children
from culturally and/or linguistically diverse
backgrounds; and
Principle 3: Promoting the safety of children with a
disability.
Online Training
• http://www.elearn.com.au/det/protectingchildren/
schools/
Enabling Children
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Documenting Concerns
Handling Disclosures
Disclosure
• Disclosure may come in many ways:
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Directly
Indirectly – hints, behaviour,
Indirectly – painting, fictional stories
With conditions
As disguised disclosures
Via a third party
Your Reaction
• You will experience a conflict of emotions when a
young person disclosures to you. You may feel:
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A sense of outrage
Disgust
Sadness
Disbelief
Guilt because you hadn’t noticed it before
• You must keep your emotions in check and
concentrate on them. They may be feeling:
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Scared of the repercussions
Afraid of blame
Afraid no one will believe them
Guilty because they think the abuse is their fault
Guilty because they care about the person they are accusing
Ashamed that they have been abused
Angry that they are powerless to stop the abuse
Confused by the contradicting feeling about the perpetrator
How to Show Care &
Concern
Listen carefully to what the child is saying
Letting the child tell the story
Reassuring them that you believe them
Explaining they are not to blame
Letting the child you will let someone know who
can help
• Telling the child you are pleased they told you
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Do NOTs
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Make promises you can’t keep
Push the child into giving you details of the abuse
Indiscriminately discuss the case not involved
Ask leading questions
It is not your responsibility to
conduct an investigation.
Questioning Techniques
• Leading Response
o ‘that’s terrible! Did your dad do that?’
o ‘Does your dad come into your room and touch you in certain places?’
o Is someone you know hurting you?’
• Non leading Response
o ‘Can I see you hand to see if it needs look after?’
o How does your dad disturb your sleep?’
o There are some secrets that shouldn’t be kept.’
Other Things to Consider
• Record all comments and statements
• Make notes about the child’s general emotional
and psychological state
• Children may not disclosure immediately after the
abuse has occurred
• Some cases there may be no disclosures just
Indicators of abuse
• Respond to all disclosures in an ethically manner.
Mandatory
Reporting/Duty of Care
• You have a duty of care to report any suspected
abuse to the supervising teacher or the Principal
• If you don’t then you may be in considered an act
of negligence.
Understanding Child
Focussed Work Practices
• Balanced view. What practice will do the ‘LEAST
HARM’
• Weigh up what is likely to happen if DHS acts
against if it doesn’t act
• Acknowledging your own views of child abuse can
affect the way you deal with families
• Actively listen – others may see things differently
• Work with the to resolve the matter
Participate in Decision
Making
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Consultation
Support
Deciding Together
Acting together
Relating Positively
Active listening
Listen without prejudgement
Use open ended questions
Allow time to answer questions
Observe verbal and non verbal language
Be open and honest
Be patient and empathetic
Show you care but do not overwhelm with
sympathy
• Respect their perceptions of events
• Do not undermine their self esteem
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Active Listening
• Truly listening to what is being said
• Listening without jumping in
• Some Techniques
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Minimal encouragement
Paraphrasing
Emotional labelling
Mirroring
Open ended question
‘I’ messages
Effective pauses
Information about your role
in Mandatory Reporting
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Job description
Induction
Ongoing in-house Professional Development
Staff and Team meetings
RTOs
TAFEs
Principals & Leadership Staff
Doing your job
• Children are relying on you
o Educationally
o Socially
o emotionally
• Legal repercussions
o Duty of care
Keeping Update
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Change in legislation
New research
Attitudes of society and local communities
Laws enforcing mandatory reporting may change
Refresh your knowledge
Privacy
• Collect only the information that is relevant to the
situation
• Collect information lawfully
• Use and disclose information for the purpose it was
collected
• Use and discuss information only with people
directly involved
Procedures for Submitting
Notification
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Report any disclosures to classroom teacher
Interview child with teacher in a private situation
Use the strategies discussed
Teacher will report to Principal/Welfare CoOrdinator
What should be in the
Report
• Details of the incident/s as disclosed
o What did they say?
o Who saw/heard what and when
o Personal details of the child
• Name
• Date of Birth
• Parent details
• Nature of injuries
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Abrasions
Cuts
Incisions
Lacerations
Organisations to Contact
• Department of Education and Training
o Is the regularity body entrusted with the education of the citizens of Victoria
• Department of Human Services
o Is responsible for the overseeing and upholding of child protection in Victoria.
Child Protection Society
Berry Street
Kids Help
Childwise
Sexual Offences and Child Abuse Investigation Team
(SOCIT)
• Commission for Children and Young People
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When Working with
Children
Nurturing
• Encourage them to express their feelings
• Respect their feelings
• Let them know that everyone
dislikes & fears
• listen to them
• Provide comfort and assurance
• Be honest
• Focus on the positives
has
Practices to use with
Children
Use age appropriate language
Acknowledge fears and dislikes
Be aware of children’s significant relationships
When meeting children make them feel
comfortable
• Allow them to express their views
• Respecting their likes, dislikes, strengths, weakness,
cultural differences.
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Ethics
…moral principles that govern a person's behaviour or
the conducting of an activity
Integrity
Responsibility
Competence
Confidentiality
Humanity
Social & Cultural Justice
Importance of Ethnics
• Promote the purpose, value and principles of
working with children.
• Ensure the notion of social justice, service to
humanity, human dignity and worth.
Ethnical Dilemma
Distinguish between an ethnical or a legal issue
Ask for advice
When in doubt put the child’s welfare first
Code of Conduct
Principles behind Code of
Conduct
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Respect for the law
Perform your duty with Professionalism
Show Respect
Be fair and equitable
Avoid perceived conflicts of interest
Ensure the proper use of information
Maintain standards of confidentiality
Scenario 1
Lorna is an administrative assistant in the Human
Resources Department. Her good friend, Bill, is
applying for a job with the company and she has
agreed to serve as a reference for him. Bill
approaches her for advice on preparing for the
interview. Lorna has the actual interview questions
asked of all applicants and considers making him a
copy of the list so he can adequately prepare.
Scenario 2
Emily works in Quality Control. Once a year, her
supervisor gives away the refurbished computers to
the local elementary school. No specific records are
kept of this type of transaction and Emily really needs
a computer for her son who is in college. Her
supervisor asks her to deliver 12 computer systems to
the school.
Scenario 3
Marvin is the secretary in the Facilities Management
Department. He has just received a new computer
and wants to try it out. Though his supervisor has a
strict policy about computer use for business purposes
only, he wants to learn the e-mail software more
thoroughly than his training can provide. One good
way to do this, he figures, is to write e-mail messages
to his friends and relatives until he gets the knack of it.
He is caught up on all his work and only has 30
minutes left to work today. His supervisor left early.
Scenario 4
Richard and Conway are talking in the hallway about
the employee benefits program. Conway, who has
had some recent financial trouble, explains to Richard
how the benefits program has a loophole that will
allow him to receive some financial assistance that he
really needs to help pay health care costs for his
mother. Cathy, a fellow worker, overhears the
conversation. Later, Cathy is approached by her
supervisor who says he heard a rumour that some
people were taking advantage of the company
benefits program.
Scenario 5
Jennie was recently hired to work as a receptionist for the
front lobby. As receptionist, she is responsible for making
copies for the associates. Her son, Bruce, comes in and
needs some copies for a school project. He brought his
own paper and needs 300 copies for his class. If he doesn’t
bring the copies with him, he will fail the project. The
company copier does not require a security key nor do
they keep track of copies made by departments
Ethnical Concerns
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Use of drugs & alcohol
Bullying and harassment
Failure to fulfil duty of care obligation
Behaving dishonestly
Relying on information you know is inaccurate
Falsifying, editing or destroying official records
Accepting bribes or gifts
Not acting impartially
Failure to respect the rights of others
Discriminating against others
Being offensive
Ethnical Concerns
Being abusive
Threatening others
Having a sexual relationship with clients
Racism and rZacist attitude
Impeding client from having fair and reasonable
access to services
• Misusing official information
• Failing to act in the client’s best interest
• Inappropriately disclosing confidential information
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