Child Protection

Legislative Basis Child Care Act 1991 Domestic Violence Act 1996 Non-Fatal Offences Against the Person Act 1997 Freedom of Information Act 1997 Data Protection Act 1988 U.N. Convention ratified 1992 Childrens Act 2001 Protection for Persons reporting Child Abuse –Act 1998

Child Care Act 1991 Places Statutory duty on Health Authority to promote the welfare of children Strengthens the power of the Health Authority to provise child care and familty support services Facilitates the immediate intervention of the Health Authority and Gardai where children are in danger Enables court to place children under supervision or in care Supervision and inspection of pre-school services Registration and inspection of residential services

Domestic Violence Act 1996 Safety Order-Barring Order Section 6- Empowers Health Authority to seek orders Consultation required but not consent Section 7- Court may direct HA to carry out investigation with a view to protection the welfare of a dependent person

Freedom of Information Act 1997 Right of access to records and personal info Right to make personal corrections Right to know criteria used to make decisions Right of Appeal Records include- all paper and computer records ie diaries, post-it notes; discs, savers, databases, sudio visual, tapes, photographs etc.

Protection for Persons Reporting Child Abuse Act 1998 Provides protection for anyone making a report of abuse’reasonably and in good faith’ to a designated officer From civil liability and penalization by employers From prosecution for false reporting

Childrens Act 2001 Raises criminal age from 7 to 12 years Special Care Order –residential Community based sanctions –curfews, mentors, restrictions Implications for parents -to attend court -fines -parenting programmes Family conferences

Confidentiality and Exchange of Information Giving information to others for the protection of children is not a breach of confidentiality Information regarding concerns or assessments are only hsred on ‘a need to know’ basis No undertakings of secrecy can be given

Dealing with Disclosure Do! Stay calm Listen Believe Reassure Record Discuss Report

Dealing with Disclosure Don’t! Panic Promise to keep secrets Ask leading questions Make child repeat story unnecessarily Delay Start to investigate

Assessment/investigation process Phase one Referral to Health Authority Social Worker Phase Two Notification to Child Care Manager Phase Three Further evaluation of risk Negotiation of child protection plan Allocation of tasks/treatment and other interventions

How to protect yourself (1) Document Keep records accurate Stick to the facts Be clear on procedures Be clear of role Seek supervision and advice

How to protect yourself (2) Make time for regular team meetings Be trained-keep up to date Maintain good working relationships with colleagues Recognise stress-in yourself and others Take time off Seek support

Principles for Best Practice(1) Welfare of children comes first Parents/carers have right to respect and consultation Children have right to be heard and taken seriously Children should be involved and consulted-in line with age and understanding

Principles for Best Practice(2) Children should only be separated from families as a last resort Re-union should always be seen as a possibility There must be a multi-disciplinary approach All agencies must co-operate in the best interests of the child