KTS Training for the Early Childhood Sector 1

Training Outline Welcome & Introductions Background to Keep Them Safe (KTS) KTS and the Early Childhood (EC) Sector New Reporting Threshold & Grounds for Reporting Overview of Mandatory Reporter Guide (MRG) Use of MRG with EC Case Studies Information Exchange & Interagency Collaboration Summary, Questions & Close 2

Background to Keep Them Safe Special Commission of Inquiry into Child Protection (Wood) 111 recommendations to NSW Government Keep Them Safe is the Government’s response and 5-year plan to implement 106 of the recommendations Statewide Information Session rollout completed Proclamation 24 January 2010 Phase 2 – includes contextualised training for sectors and Mandatory Reporter Guide Training 3

Goals of Keep Them Safe All children in NSW are healthy, happy and safe and grow up belonging in families and communities where they have opportunities to reach their full potential All agencies such as Health, Education, Police and Human Services (Housing, Juvenile Justice, Disability Services) should expand their role in supporting children Fewer children and young people reported to Community Services More families supported on a local level in a coordinated approach by other government agencies and NGOs 4

KTS and the Early Childhood Sector Early Childhood staff have a vital role in the child protection system Under KTS, All Early Childhood staff must report cases of suspected Risk of Significant Harm to children to the Community Services Child Protection Helpline. Mandatory Reporter Guide (MRG) should be used before deciding to ring the Child Protection Helpline If the report on a child does not meet the new threshold, there are still many ways that Early Childhood staff can make a difference and access resources for children and families Regardless of whether a report has been made, EC staff should continue to monitor and offer appropriate services to families 5

KTS Links to National Standards National Quality Framework for Early Childhood Education and Care – implemented from 1 July 2010 and will apply from 1 January Captures aspects critical to the provision of quality early childhood education The framework uses a National Quality Standard – the Early Years Learning Framework (EYLF) which will guide EC staff to develop quality early childhood programs. Guiding Principle – The rights of the child are paramount Obligation of all those who work with children to protect children from harm, respect their dignity and privacy and safeguard and promote every child’s wellbeing 6

KTS links to National Standards Children’s Health and Safety Standard – Each child is protected (2.3) and action is taken to respond to every child at risk of abuse and/or neglect Requirement that EC staff understand and meet their obligations under the relevant state legislation Standard 6.3 – The service collaborates with other organisations and service providers to enhance children’s learning and wellbeing – and that links with relevant community and support agencies are established and maintained. 7

Early Childhood reporting to CS Source: DoCS Annual Report In 2008/ ,676 child protection reports made to CS Child Protection Helpline took 221,256 contacts (average 600 per day) Apr-Jun 2009 – 71,879 reports made to CS Children 0-4 years made up 34% of these reports (24,004) – 1/3 of all reports

Reports made by Reporter type Source: DoCS Annual Report From Apr-Jun 2009, schools and child care staff made 14% (10,278) of reports made to Community Services. Child care staff made up 887 (1.2%) of these reports During this time, 87,470 children aged 0-5 attended funded, licensed children’s services in NSW. 9

What is being reported by schools and EC? Physical Abuse30% Neglect15% Emotional Abuse12.5% Sexual Abuse10% Domestic Violence6.3% Drug/Alcohol use by Carer5.8% Carer Mental Health5.6% Child Inappropriate Sexual Beh.5% Suicide Risk (child)3.8% Drug/Alcohol Use by child2.4% Carer Other Issues1.4% Runaway Child1.3% No Risk of Harm1.2% Other<1% 67.5% of all reports 32.5% of all reports Source: DoCS Annual Report

New Reporting Threshold & Grounds for Reporting 11 New reporting threshold to Community Services – RISK OF SIGNIFICANT HARM (ROSH) 2 new grounds for reporting to Community Services – Section 23 of Act

New Reporting Threshold 12 Previous reporting threshold was ‘Risk of Harm’ NOW – “Risk of Significant harm” (since 24 th Jan 2010) “Significant Harm” is not defined in legislation but in policy

What is Risk of Significant Harm? Sufficiently serious to warrant a response by a statutory authority irrespective of a family’s consent Not minor or trivial May be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety, welfare or wellbeing Can result from a single act or omission or an accumulation of these In the case of an unborn child, what is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse impact on the child after the child’s birth 13

Why the need to increase the threshold? NSW – lowest thresholds for reporting children at risk Contributed to an overwhelmed statutory system (Wood) Reduce demand on the system Ensure children at ROSH receive a timely and appropriate response from CS Help non-ROSH cases receive support and services 14

New Grounds for Reporting Section 23 of the Act outlines the grounds for reporting to Community Services. Includes Physical Abuse, Sexual Abuse, Psychological Harm, Neglect, Exposure to Domestic Violence, Parental Substance Abuse and Parental Mental Health Concerns. In addition, now the act contains an additional 2 grounds for reporting 15

New Grounds for Reporting Parent or Carer has not arranged (and are unable or unwilling to arrange) for their child to receive an education AND A series of acts or omissions when viewed together may establish a pattern of significant harm 16

17 Overview of Mandatory Reporter Guide (MRG) Developed to assist mandatory reporters to determine whether their concerns about a child or young person constitutes Risk of Significant Harm under the new legislative threshold. It is an online, interactive guide and is also available in hard copy format. Not a replacement for professional judgment but supports decision making

Where do I get the MRG? The MRG is available on line either on the Keep Them Safe website, or on the Community Services website, These links and others are contained in your participant guide. You do not need a username or log in to access the site. If going through the Keep Them Safe website, you will see the front page like this

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Mandatory Reporter Guide 20

Step 1 – Decide which Decision Tree meets your concern 21

MRG Decision Trees Listed on the left hand side of the online MRG tool and include: Physical Abuse Neglect (includes Neglect types such as Supervision, Shelter/ Environment, Food; Medical Care; Mental Health Care; Education Sexual Abuse (includes Sexual abuse of child, sexual abuse of young person, and Child/Young Person problematic sexual behaviour) Psychological Harm Relinquishing Care Other Concerns (includes Carer Substance Abuse, Carer Mental Health, Carer Domestic Violence) Unborn Child 22

Physical Abuse Decision Tree USE THIS WHEN: You know of an injury to a child/young person that you suspect is caused by abuse You know of treatment of a child/young person that may have caused or is likely to cause an injury Child/Young Person was injured, or nearly injured, during a domestic violence incident 23

Neglect Decision Tree USE THIS WHEN: You suspect that a parent or carer is not adequately meeting child/young person needs A child/young person appears to be neglected Then select the appropriate neglect sub-type (e.g. supervision, shelter/environment, food etc) 24

Sexual Abuse Decision Tree USE THIS WHEN: You learn about sexual contact or sexual abuse of a child/young person A child/young person has medical findings suspicious for sexual abuse A child/young person’s behaviour, including sexually abusive behaviour, is concerning 25

Psychological Harm Decision Tree USE THIS WHEN: A child/young person appears to be experiencing psychological/emotional distress that is a result of parent/carer behaviour such as domestic violence You are aware of parent/carer behaviour, including domestic violence, that are likely to result in significant psychological harm to the child/young person 26

Relinquishing Care USE THIS WHEN: Parent/carer states he/she will not continue or cannot continue to provide care for a child under the age of 16 OR a young person over the age of 16 when the young person is currently unable to make an informed decision (either temporarily or permanently). If the young person is able to make informed decisions, refer to the Physical Shelter tree. OR when child/young person is in voluntary care for longer than legislation allows 27

Carer Concern USE THIS WHEN: You have information that the child/young person is significantly affected by carer concerns (e.g. mental health, substance abuse or domestic violence) NOTE – If child/young person has already experienced abuse or neglect, use the relevant abuse/neglect tree first. If a report to Community Services is not indicated using those decision trees, you may consider a Carer Concern decision tree. 28

Unborn Child Decision Tree USE THIS WHEN: You are concerned for the welfare of an unborn child upon his/her birth NOTE – reports relating to an unborn child are not mandatory. HOWEVER - Those with mandatory reporting responsibility should consider the benefits for the mother and unborn child of making a report to enable support services to be put into place or to prepare for statutory intervention if required. 29

Step 2 – Answer the Questions using the Definitions carefully 30

Step 2 – Answer the Questions using the Definitions carefully 31

Tips to using the definitions Consider what you already know Read the Definition Remember to consider the “AND” and “OR” parts of the definition. “AND” definitions require you to agree with more than one part of the definition, “OR” definitions require you to agree with one or the other parts of the definition. Read right to the end of the definition (to the full stop) before deciding if it’s a “YES” or “NO” Focus only on one question at a time 32

Step 3 – Continue to answer questions until you reach a final decision 33

Final Decision Types IF your concern meets the ROSH threshold the Final Decision will either be: Immediate Report to Community Services OR Report to Community Services Depending on the urgency of the concerns. 34

Final Decision Types IF your concern does not meet the ROSH threshold the Final Decision will be: Consult with a Professional. What can you do if this is the Final Decision? Contact your supervisor for advice, Contact the KTS Support Line for Non-Government organisations If you cannot contact your supervisor or it is outside of the Keep Them Safe Support Line hours of operation, you can contact the Child Protection Helpline on 133DOCS (133627). 35

Using the MRG with Case Studies In developing this training material, TAFE have applied the MRG to each of these case studies we will now examine. As we work through these case studies you will have an opportunity to see how the MRG is applied and discuss each case in light of the Keep Them Safe changes (i.e. ROSH) and your professional judgment. 36

Case Study - Caleb Caleb is a 5 year old boy who attends your pre-school 4 days per week (Mon-Thu) Today (Monday) you notice a bruise on the child’s forehead, approximately the size of a 50 cent piece. Caleb did not have this bruise when he was at the centre last week. You mention the bruise to Caleb and he says, “Daddy was very angry today because I wasn’t getting ready for kindy”. You got a cold cloth to place on Caleb’s forehead and whilst doing this, he said, “Daddy pushed me on the wall, I hit my head”. “I cried and told Mummy and she said, ‘That’s what happens when you don’t get ready for kindy’”. Whilst telling you this, Caleb was upset and crying. You decide to consult with your Room Coordinator who suggests you all meet with the director to discuss the situation. 37

Let’s discuss this case study What action should you or your staff member take? 1.Staff should consult their workplace manager with their concerns – i.e. Director or manager 2.Document the key points 3.Apply the MRG to the facts of the case 4.Follow the final action as recommended by the MRG – we will discuss this further in the training session 5.Print a copy of the MRG final report and place on secure file 6.We will now work through the MRG using Caleb as our example… 38

Case Study 1 - Caleb Caleb is a 5 year old boy who attends your pre-school 4 days per week (Mon-Thu) Today (Monday) you notice a bruise on the child’s forehead, approximately the size of a 50 cent piece. Caleb did not have this bruise when he was at the centre last week. You mention the bruise to Caleb and he says, “Daddy was very angry today because I wasn’t getting ready for kindy”. You got a cold cloth to place on Caleb’s forehead and whilst doing this, he said, “Daddy pushed me on the wall, I hit my head”. “I cried and told Mummy and she said, ‘That’s what happens when you don’t get ready for kindy’”. Whilst telling you this, Caleb was upset and crying. You decide to consult with your Room Coordinator who suggests you all meet with the director to discuss the situation. Is this Risk of Significant Harm? 39

Physical Abuse Decision Tree 40

Are you aware or reasonably suspicious of a current injury? 41

Does child or another person (including reporter) say injury was caused by parent/carer AND it was not accidental? 42

Does child or another person (including reporter) say injury was caused by parent/carer AND it was not accidental? 43

44 Is the injury significant?

45 Is the injury significant?

46 Existence of other concerns

47 List your concerns

48 Final Decision – Immediate Report to Community Services

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Is this ROSH – or not? Having applied the MRG the outcome is yes... Why? It is sufficiently serious to warrant a response by a statutory authority irrespective of the family’s consent It is not minor or trivial It may be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety welfare or wellbeing. 50

Case Study 2 - Ava Ava is a 3 year old child who started pre-school this year and attends 2 days per week. A few times in the last week, you have found Ava playing with other children at the centre and pointing to their genitals and asking them to pull their pants down. On one of these occasions, you heard her telling another child, “It’s a secret”. When discovered, Ava often becomes aggressive and pushes you or the other child away. You speak with your director about your concerns and the director contacts Ava’s parents who are shocked at the information. The director implements a strict supervision plan for Ava whilst she is at the centre and has also spoken to the parents about the same plan at home as Ava has an 18 month old sibling. Is this Risk of Significant Harm? 51

Is this ROSH – or not? Based on the application of the MRG, YES... Why? It is sufficiently serious to warrant a response by a statutory authority irrespective of the family’s consent It is not minor or trivial It may be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety welfare or wellbeing. 52

Case Study 3 - Luca Luca is a 12 month old boy who attends your centre 3 days per week. One day this week, he presented with severe nappy rash, redness around his penis and anus and down his thighs, with some parts forming small blisters, and complained when he was being cleaned during a nappy change. You speak with your director and then speak with the mother when she picks Luca up that day. The mother became very upset and told you that Luca did not have any nappy rash that morning and that she is concerned about the level of care Luca is receiving at the centre. The mother indicates that she will be making a report about the centre to Community Services. When the Child Protection Helpline Caseworker speaks with the mother, she asks her whether the mother had noticed any redness or irritation around the child’s genitals the night before. The mother indicated that Luca was crying during the night and that he did have some redness on his legs and penis but that she was so tired she just changed his nappy and put him back to bed. During the conversation, the mother informs the Caseworker that this is her first child, and that she is struggling with his care as the father is not supportive and works long hours. Is this Risk of Significant Harm? 53

Is this ROSH – or not? Based on the application of the MRG, NO... Why? It is NOT sufficiently serious to warrant a response by a statutory authority irrespective of the family’s consent It CANNOT be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety welfare or wellbeing. 54

Case Study 4 - Ruby Ruby is a 3 ½ year old girl who attends your centre 3 days per week. The other 2 days she is with her maternal grandmother. Yesterday, Ruby attended the centre and told her teacher that he heard her parents fighting and yelling loudly and that it hurt her ears. She continued to say that, “Daddy doesn’t have any more dollars, and mummy is angry”. You speak with your director and note that Ruby is always well presented, clean and is a happy child who engages well with her peers and teachers alike. Her mother or father always pick her up on time, and if they are unable to, the maternal grandmother will pick her up. She has been attending your centre for 1 year and you have had no other concerns about her during this time whatsoever. Is this Risk of Significant Harm? 55

Is this ROSH – or not? Based on the application of the MRG, NO... Why? It is NOT sufficiently serious to warrant a response by a statutory authority irrespective of the family’s consent It CANNOT be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety welfare or wellbeing. 56

Case Study 5 - Jake Jake is an 18 month old boy who attends your centre 2 days per week. He has been attending for 2 months and in the last week you have noticed a significant change in his presentation. He has had head lice for the last 2 days and it doesn’t seem to have been treated as it is getting worse and he is constantly scratching his head. His clothes are smelly and you noticed that paint from yesterday has not been wiped off his hands or face and his sheets have mould on them and smell damp. You know that Jake attended a nearby centre 6 months ago and his mother told you that she moved him because she thought the staff were “too nosey and asked too many questions”. In the last week, during drop off time, you notice the mother is also unkempt and is unwilling to make eye contact with you, just dropping Jake off and leaving in a hurry. Is this Risk of Significant Harm? 57

Is this ROSH – or not? Based on the application of the MRG, NO... Why? It is NOT sufficiently serious to warrant a response by a statutory authority irrespective of the family’s consent It CANNOT be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety welfare or wellbeing. 58

Case Study 6 - Alice Alice is a 4 ½ year old girl who attends your centre 5 days a week. She has two older siblings, Rosalie who is 10, and Emmett who is 14 years old. You are aware that Alice is left with her older siblings every morning as the parents leave for work at 6:00am. Emmett drops Alice off to pre-school every day on his way to school. You are concerned that he is only 14 and has too much responsibility in the morning, getting both Rosalie and Alice ready for school and pre-school and dropping them off to their respective schools. You have spoken with your Director in the past about this, and the director has contacted the parents with her concerns on a number of occasions. On the last occasion (4 weeks ago) the mother advised that the situation will be coming to an end soon as she will be working night shifts and will be available to care for the children in the morning and drop them at school and pre-school. This is still going on 4 weeks later, and you are getting more concerned about Emmett’s ability to continue to care for his siblings every day. You speak with your director again. Is this Risk of Significant Harm? 59

60 Neglect Decision Tree

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71 Final Decision – Consult with a Professional

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Information Exchange & Interagency Collaboration New laws applying to the sharing/exchange of information about children and young people commenced on 30 October 2009 Chapter 16A of the Act clearly prioritises the safety, welfare and wellbeing of a child or young person over an individual’s right to privacy Wood – agencies should take on a greater role and responsibility in supporting children and families and that Non Government agencies are equal partners with Government in the deliver of services to children, young people, families and communities Exchange of information between agencies is crucial to ensuring responsibility for child protection is shared amongst both Govt. and Non-Govt. agencies 73

Chapter 16A of the Children and Young Persons (Care & Protection) Act 1998 Allows government and non government organisations who are “prescribed bodies” to exchange information that relates to a child or young person’s safety, welfare or wellbeing whether or not the child or young person is known to CS and whether or not the child or young person consents to the information exchange. Chapter 16A requires Prescribed Bodies to take reasonable steps to co-ordinate decision making and the delivery of services regarding children and young people. 74 What is the new legislation around Information Exchange?

Who are “Prescribed Bodies”? 75 Early Childhood staff are considered a “Prescribed Body” under this legislation. Other prescribed bodies are: NSW Police, NSW Government Departments, Schools, Health, Any other organisation that has direct supervision of the provision of health care, welfare, education, children’s services, residential services or law enforcement to children.

76 When can agencies or NGOs request information from others? Information must relate to the safety, welfare or wellbeing of a child or young person. The information may assist the agency to: –Make decisions or undertake an assessment or plan; –Initiate or conduct and investigation; –Provide a service; –Manage any risk to the child or young person.

77 What kind of information can be exchanged? Information on: A child or young person’s circumstances or history; A parent or family member; People having a significant or relevant relationship with a child or young person; or The other agencies’ dealings with the child or young person, including past support or service arrangements

78 What does all this mean for you as Early Childhood staff? You can exchange information about children with other Prescribed Bodies; Without Community Services involvement; Without the consent of child/young person or family; Remember best practice considerations.

79 Group Discussion Under what circumstances could you see yourself in your workplace needing to exchange information or request information about a child or young person? Keep in mind best practice considerations

80 Importance of Interagency Collaboration N ew legislation helps flow of information Identify cumulative harm Work together

Group Activity Collaborating with, and sharing information about the safety, welfare and wellbeing of children with other agencies What are the benefits? 2. What are the challenges? 3. What are some strategies that you may put into place in your centre to overcome some of these challenges? 10 minutes then back to the large group for discussion 81

82 Information Exchange Checklist for EC staff - Requesting Information Consider the information you have and what additional information you may need Consult with your supervisor Ensure that the request for information complies with best practice Document the process and consultation with your supervisor and your rationale Seek the information Consider all of the information and re-visit the MRG if needed Document your progress Take action as required

83 Information Exchange Checklist for EC staff - Responding to a Request for Information Consider the information requested and what additional information you may have Consult with your supervisor Ensure that the request for information complies with best practice Document the process and consultation with your supervisor and your rationale Provide the information if appropriate Document your progress Take action as required

Summary 84  Background to Keep Them Safe (Keep Them Safe  KTS and the Early Childhood (EC) Sector  New Reporting Threshold & Grounds for Reporting  Overview of Mandatory Reporter Guide (MRG)  Use of MRG with EC Case Studies  Information Exchange & Interagency Collaboration

Contacts & Resources Your Centre Director/Authorised Supervisor Your local Children’s Services Advisor (CSA) Keep Them Safe Support Line at the Child Protection Helpline Phone (8am-5pm Mon-Fri) Early Childhood Peak Bodies (Give Examples) Keep Them Safe website Community Services website HSNet website 85

86 QUESTIONS?