RATIONALE

Just Four Kids Ltd is committed to the identification and prevention of physical, emotional and sexual abuse of children. This commitment means that the interests and welfare of children are the prime consideration when any decision is being made about suspected abuse.

PURPOSE

To provide a safe physical and emotional environment for the children in care.

To ensure that staff can identify the signs of possible abuse or neglect and are able to take appropriate action.

To ensure all complaints are dealt with effectively. This will include the full, accurate and prompt sharing of information.

To ensure all staff are aware of the steps to take when dealing with suspected child abuse.

To ensure all records and conversations remain confidential.

To ensure that complaints against staff and/or educators follow a process that protects the rights of the staff and/or educators.

To ensure all involved at Just Four Kids Ltd. are aware that anybody can report a suspected abuse situation.

To meet the requirements of legislation associated with the safety of staff and children.

PRINCIPLES

The interest and protection of the child is always paramount.

We recognize the rights of families to participate in decisions about their child.

We have a commitment to all staff being able to recognize signs and symptoms of potential abuse and neglect and can take appropriate action in response.

We will comply with all relevant legislative responsibilities.

We are committed to share information in a timely way and to discuss any concerns about an individual child with colleagues or management.

We are committed to promote a culture where staff feel confident that they can constructively challenge poor practice or raise issues of concern without fear of reprisal.

We are committed to working with other organisations to ensure child protection is consistent and of high quality.

We are committed to supporting all staff to work in accordance with this policy.

DEFINITIONS

The following definitions apply to this policy:

Abuse – the harming (whether physically, emotionally or sexually), ill-treatment, neglect or depravation of a child.

Neglect – the persistent failure to meet a child’s basic physical or psychological needs, leading to adverse or impaired physical or emotional functioning or development.

Child – any child or young person under the age of 17 years, and who is not married or in a civil union.

Child protection – activities carried out to ensure that children are safe in cases where there is suspected abuse or neglect or the risk of abuse or neglect.

Designated person for child protection – the director or designated person responsible for providing advice and support to staff, where they have a concern about an individual child or who want advice about the child protection policy.

Disclosure – information given to a staff member by the child, parent, caregiver or third party in relation to abuse or neglect.

Oranga Tamariki/Ministry for Children – responsible for investigating and responding to suspected abuse and neglect and for providing a statutory response to children found to need care and protection.

New Zealand Police – the agency responsible for responding to situations where a child is in immediate danger and for working with Oranga Tamariki in child protection work, including investigating cases of abuse or neglect where an offence may have occurred.

Children’s services – any organisation that provides services to children or to adults where contact with children may be part of the services. These organisations should have child protection policies in place.

Safer recruitment – following good practice processes for pre-employment checking which help manage the risk of unsuitable persons entering the children’s workforce.

Standard safety checking – the process of safer recruitment that is mandatory for organisations covered by the Children’s Act 2014 and its amendments.

Workforce restriction – a restriction on the employment or engagement of people with certain specified convictions under the Children’s Act 2014 and its amendments.

Children’s workforce/children’s workers – people who work with children, or who have regular contact with children, as part of their roles.

Closed space – any area where another adult has restricted visual access from the outside.

Physical abuse – any acts that may result in the physical harm of a child or young person. It can be, but is not limited to bruising, cutting, hitting, biting, burning, causing abrasions, strangulation, suffocation, drowning, poisoning and fabricated or induced illness.

Sexual abuse – any acts that involve forcing or enticing a child to take part in sexual activities, whether they are aware of what is happening or not. Sexual abuse can be, but is not limited to:

• Contact abuse – touching breasts, genital/anal fondling, masturbation, oral sex, penetrative or non – penetrative contact with the anus or genitals, encouraging the child to perform such act on the perpetrator or another, involvement of the child in activities for the purposes of pornography or prostitution.
• Non- contact abuse – exhibitionism, voyeurism, exposure to pornographic or sexual imagery, inappropriate photography or depictions of sexual or suggestive behaviours or comments.

Emotional abuse – any actor omission that results in adverse or impaired psychological, social, intellectual and emotional functioning or development. This can include:

• Patterns of isolation, degradation, constant criticism or negative comparison to others. Isolating, corrupting, exploiting or terrorising a child.
• Exposure to family/whanau or intimate partner violence.

Neglect – this is the most common form of abuse, and although the effects may nor be as obvious as physical abuse, it is just as serious. Neglect can be:

• Physical – not providing the necessities of life, like a warm place, food and clothing.
• Emotional – not providing comfort, attention and love.
• Neglectful supervision – leaving children without someone safe to look after them.
• Medical neglect – not taking care of health needs.
• Educational neglect – allowing chronic truancy, failure to enrol in education or inattention to education needs.

IDENTIFYING CHILD ABUSE AND NEGLECT

Potential indicators

Indicators are signs or symptoms that, when found either on their own or in various combinations, point to possible abuse, family violence or neglect. In many cases indicators are found in combinations.

Indicators do not necessarily prove or mean that a child has been harmed. They are clues that alert us that abuse may have occurred and that a child may require help or protection. Sometimes indicators can result from life events which do not involve abuse, such as accidental injury.

Some of the signs include but are not restricted to:

Unexplained bruises, welts, cuts and abrasions

Unexplained fractures or dislocations

Burn marks

No clear explanation for any of the above

Behavioural concerns such as emotional withdrawal, aggression or anxiety

Crying or being irritable too much and too often

Acting out of character

Developmental delays, changes or signs

Regression in toileting and hygiene

Being clingy to a safe person

Showing fear of a person

Being unable to concentrate

Not being hungry or changes in eating habits

Being afraid to go home or running away

Complaining of pain or irritation in the genital or anal area

The child talking about or mentioning things that may indicate abuse

Children routinely not coming to their educator

PROCEDURES

Prevention of child abuse

Responsibility of the director

• The director will undertake to implement the requirements of the licencing criteria for homebased education and care services 2008 HS28 – HS32 to ensure children are protected from ill-treatment and their health and safety is maintained.
• The director will undertake to implement the requirements of the Children’s Act 2014 and its amendments to ensure all employees, contractors and people undertaking children facing, paid work for Just Four Kids Ltd. undergo a safety check process.
• The director will undertake to implement the requirements of the Children’s Act 2014 and its amendments and the Privacy Act 2020 to keep children safe when abuse or suspected abuse is reported or investigated.
• The director will keep a record of all safety checks completed.

Staff selection

• Just Four Kids Ltd will employ staff only after an interview and thorough checking on the applicant’s work history. This will include completing a Children’s Worker Safety Check.
• All staff and educators involved in the care of children and persons over 17 years usually present (i.e., are in the home at some time most days of the week over a month or more) in a home where care and education take place consent to police vetting.
• All employees, including contractors, will have been passed through the police vet check process.
• All staff not holding a current Education Council of New Zealand Registered Teacher Practising Certificate will have a CWS Check at least every three years.
• The director will need to ensure if an applicant has spent time overseas that these records are included in the safety process.
• The director will ensure when selecting staff that they have the skills and attributes to ensure children’s safety.
• When employing temporary or casual staff, the applicant’s referees will be contacted prior to employment. All staff, including volunteers, will be required to read and abide by the child protection policy.

Safety checks for overseas staff

• An applicant that has lived overseas will need to be checked by obtaining a Police Vet from a person’s country of citizenship or from any country in which they have lived for one or more years within the last ten years.

Safety checks for students

• Just Four Kids Ltd will complete the CWS, identity check and risk assessment for all children’s workers, including students even if these have already been completed by another person or organisation.

Safety checks for relievers

• Just Four Kids Ltd will ensure CWS checks have been completed for all relief staff prior to their beginning work.
• In the event of an unexpected event, emergency or being able to access relief staff with a current CWS check completed by Just Four Kids Ltd, Just Four Kids will employ the person for up to five days without a full CWS check if the person has had a full CWS check completed elsewhere. Just Four Kids Ltd will complete a Proof of Identity Check prior to the person beginning work. The CWS check process will begin on the person’s first day or earlier if possible. During this event or emergency, the person without a service CWS check will not be left alone with children.

Professional Procedure

• The director will encourage all staff and contractors to keep their personal and professional lives separate. Confidentiality is to be always maintained.
• At least once a year, this child protection policy will be discussed at a staff meeting to ensure staff are familiar with the policy and are continually reminded of their responsibilities.
• Educators and visiting teachers are experienced in recognising and assessing a child’s behaviour. Any changes to the child’s behaviour would be observed and included in the monthly visit note guide and noted in staff meeting minutes.
• The director is committed to ensuring staff and educators are familiar with this policy and is aware of how to prevent, recognise and respond to abuse. Al new staff will familiarise themselves with this policy during their induction process.
• If parents have concerns about the treatment of a child by our staff or contactors, they are encouraged to make this known to the director, who will ensure that the matter is investigated and acted on immediately.
• Educators will be provided with up-to-date information from Child Matters leaflet: “How can I tell, recognising child abuse” as well as appropriate leaflets from Oranga Tamariki.
• Educators are given information from the visiting teachers on what is based “normal behaviour” for the stage and development of any child.

Preventative education

• All staff members follow the behaviour management policy/ promoting social competence policy, which promotes positive guidance of children’s behaviour.
• Staff members and educators work as a team to ensure they can support each other in managing children’s challenging behaviours. If an educator is feeling stressed by the behaviour of a child (or children) they should immediately communicate this to a member of the team.
• Information on the prevention and recognition of child abuse will be available at Just Four Kids Ltd.’s office.
• Education of children and parents/whanau is important in the prevention of child abuse. We encourage parents to make use of education programmes organised by agencies in the community.
• Educators and staff will endeavour to provide support to prevent child abuse. This may include referrals to community agencies able to provide support. Support can be arranged for the director, staff, educators and whanau if needed through group or face to face counselling with an appropriate councillor.

Collection of children

• No child will be given permission to leave unless the person collecting the child has been noted on the enrolment form.
• If the person is not on the form, a written letter signed by a parent must be presented.
• If there are any people who are forbidden to have contact with the child, or have restricted contact with the child, parents will be required to provide that information. In such cases, a court order will need to be sighted and a copy held on file at the centre to regulate and prohibit such a person from interacting with the child.

Using professional agencies

• The management team and staff will be aware of the professional agencies to contact in the case of suspected child abuse. The staff could contact the Community Public Health Nurse, Plunket, Victim Support, the Salvation Army or Parentline for support. In a serious case, staff will have contact with Police or the care and protection division of Oranga Tamariki.
• Visiting teacher or the director will endeavour to arrange support to the families and the educator involved through Southland Help or other outside agencies.
• Staff should not assume responsibility beyond their level of expertise. The director should contact a professional agency for support where necessary.

Protection from exposure to inappropriate material:

• Inappropriate material is anything of an explicit sexual or violent nature
• All staff will be made aware of cyber safety practices when using ICT with children
• Any magazines and other materials provided for children to use will be checked for inappropriate images.

RESPONDING TO SUSPECTED CHILD ABUSE

• Any person can report suspected child abuse
• Always believe what children tell you and what you see
• Always act in the short term to ensure the immediate safety of the child, this will mean contacting Oranga Tamariki or the Police if you think there is an immediate risk of the child being abused again.
• Record your concern or communications with the child which caused concern. Record observations and keep any relevant artwork from the child if this could help. All records will have to be stored confidentially and made available only to people directly dealing with the suspected abuse.
• Do not make decisions alone. Consult with someone experienced. If there is no short-term risk, take time to consult thoroughly in order to make a well-informed decision. If you are certain that the suspected child abuse has occurred outside the family or by a person not closely known to the family, speak to the parents before you report the suspected abuse. Be sure you have the skills, help and support to present this information to the parents.
• If you suspect that the abuse may have been perpetrated by a family member or someone close to the family, do not contact them, obtain support from an appropriate person who will inform them at an appropriate time.
• If you suspect that child abuse has been perpetrated by a person associated with Just Four Kids Ltd you should report this promptly to the director, who will the report the issue to statutory authorities. This procedure does not preclude the right of any staff member to report instances of child abuse directly to Oranga Tamariki or the Police.
• Act on your concerns. Don’t leave it to someone else or hope it will go away. If you have told the person, you believe is responsible for taking action, and they don’t act, take further action yourself.
• The situation will be stressful. Seek support for yourself by informing the director. The director will obtain support from agencies and organisations that specialise in abuse situations.
• If deemed necessary under H33 notification of serious injury or harm will be reported to Ministry of Education. The service can request that the Ministry of Education trauma team work alongside Just Four Kids Ltd at management level.
• Outside organisations which offer support are Oranga Tamariki, Police, Community Public Health Nurse, Southern District Health, child and family counselling services, child helplines, R.A.A.S.C., Community Mental Health

Guidelines for staff to follow when a child discloses abuse

• Listen to the child
• Believe what they say
• Say that you are glad they told you
• Say “Sorry it happened”
• Let them know it was not their fault
• Let them know you will help
• Record and date the disclosure

MOST IMPORTANTLY WE ARE HERE TO SUPPORT THE CHILD

Allegations or concerns about staff

If an allegation of abuse is made about a staff member, Just Four Kids Ltd will ensure the staff member has the following information.

• Ensure the staff member as a contact number of a lawyer specialising in allegations of abuse of children or, if a member of NZEI – Te Riu Roa, their support helpline.

Just Four Kids will follow the procedure set out in Appendix A.

Should allegations of abuse against a staff member be proven, this will be treated as serious misconduct.

Appendix A

If a staff member is accused of abusing a child, the procedure below will be followed

The director will

• Make sure the child is safe and protected in the Just Four Kids care environment
• Inform the employee of their right to a person/s of their own choosing, such as a legal representative, union counsellor, family member or friend
• Keep records of any formal discussions regarding the matter
• Contact the child’s parents/caregivers when appropriate
• Contact insurer and/or legal adviser

The director will

• Immediately stand the person down pending an investigation. Alternate care will be offered to the remaining children.
• Conduct the initial investigation
• Notify the Ministry of Education advisor without delay.
• If the alleged abuser is a member of any staff member’s or educator’s family, the staff member or educator will be stood down pending an investigation.
• Inform Oranga Tamariki and the Police if necessary. The decision to follow up on any allegations should be made in consultation with these agencies
• Invoke disciplinary procedures as per the staff member’s contract
• Just Four Kids Ltd will treat employees accused of child abuse fairly and according to their contract

Appendix B

Ill-treatment of children

1 – To ensure that the standards set out in this part are complied with, Just Four Kids Ltd and any educator who provides education and care must comply with subclause (2) if the service provider or educator has reasonable grounds to believe that a person employed or engaged in the service, or any other person:

• Has physically ill-treated or abused a child or committed a crime against children; or
• In guiding or controlling a child, has subjected the child to solitary confinement, immobilisation or deprivation of food, drink, warmth, shelter or protection.

2 – Just Four Kids Ltd and the educator must ensure that

• The person is excluded from encountering the children participating in the service or, as the case requires, the children being educated by the educator; and
• If satisfied that it is necessary to do so to ensure that no child is ill-treated, ensure that the person is excluded from the service and does not enter or remain in any premises where the service is provided while it is being provided, or as the case requires, is excluded from the home and does not enter it or remain in it while the educator is providing education and care.

Health and safety of children

(1) To ensure that the standards set out in this part are complied with, Just Four Kids Ltd must comply with subclause (2) if the service provider or educator has reasonable grounds to believe that a person employed or engaged in the service, or any other person:

• Is in a state of physical or mental health that presents any risk of danger to children
• Has an infectious or contagious disease or condition

(2) The service provider and the educator must ensure that:

• The person is excluded from encountering the children participating in the service or, as the case requires, the children being educated by the educator.
• If satisfied that it is necessary to do so to ensure that no child becomes ill, ensure that the person is excluded from the service and does not enter or remain in any premises where the service is provided while it is being provided or, as the case requires, is excluded from the home and does not enter it or remain in it while the educator is providing education and care.

Appendix C

Children’s workers safety checklist

Checks required for children’s workers

The following checks must have been completed for all people a specified organisation is seeking to employ or engaged as a children’s worker (including as a contractor)

Identity conformation, either by:

• Use of an electronic identity credential (like the RealMe identity verification service) and a search of personnel records to check that the identity has not been claimed by someone else.

Following the regulatory process to provide confidence that

• The identity exists (that it is not fictitious) by checking an original primary identity document
• The identity is a ‘living’ identity and the potential children’s worker uses that identity in the community by checking an original secondary identity document
• The potential children’s worker links to the identity either by checking an identity document that contains a photo, or by using an identity referee
• Searching personnel records to check that the identity has not been claimed by someone

1. An interview of the potential children’s worker. The interview may be conducted via telephone or other communication technology
2. Obtaining and considering a work history, covering the preceding five years, provided by the potential children’s worker
3. Obtaining and considering information from the last employer and at least one referee who is not related to the potential children’s worker or part of their extended family.
4. Seeking information from the Education Council of New Zealand, or other relevant organisation, including – but not limited to – conformation that the potential children’s worker holds a current Registered Teacher Practising Certificate or is currently a member of the relevant organisation.
5. Obtaining and considering information from a New Zealand Police vet, unless at least three-yearly New Zealand Police vetting is already completed by the Education Council of New Zealand
6. Evaluation of the above information to assess the risk the potential children’s worker would pose to the safety of children if employed or engaged, considering whether the role is a core children’s worker or a non-core children’s worker role

Checks required for periodic rechecking

Every three years following their checks at the required standard, the following checks must be completed for each person an organisation continues to employ or engage as either a core or a non-core children’s worker.

Confirmation that the children’s worker has not changed their name from the name on the documents produced during the initial identity confirmation (the presented primary or secondary document). If there has been a change to the person’s name since he or she was last safety checked, the person must reconfirm his or her identity by producing a supporting name change document relating to his or her name change.

Seeking information from the Education Council of New Zealand or any relevant professional organisation, licensing authority, or registration authority, including – but not limited to – confirmation that the person is currently a member of the organisation, or currently licensed or registered by the authority.

Obtaining and considering information from a New Zealand Police vet, unless the worker holds a current Registered Teacher Practising Certificate, and the Education Council of New Zealand has confirmed that the registration is current. Investigation of overseas police vetting, or clearance should the employee have worked overseas

Evaluation of the above information to assess the risk the children’s worker would pose to the safety of children if employed or engaged, taking into account whether the role is a core children’s workforce or non-care children’s worker role.