Reporting child physical abuse

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Child physical abuse becomes a child protection concern if parents or caregivers have failed to protect the child from abuse, or if the abuse is likely to continue without statutory intervention.

As adults we all have a moral obligation to make a report to Protective Services if we have reasonable grounds to believe that a child is in need of protection from physical abuse. If you are a mandated notifier you have a legal obligation to make a report.

Reasonable grounds may exist when:

• a child discloses to you directly, or hints, that they been physically abused;
• a friend or relative of the child tells you that they know or believe that the child has been physically abused;
• you observe physical indicators of possible physical abuse; or
• you observe behavioural signs of possible physical abuse.

If you are concerned then you must take action as soon as possible. Inaction leaves the child unprotected.

Legal Protection

Legal protection is provided to all people who report child physical abuse to the authorities on the basis of reasonable concern. A professional who makes a notification with the best interests of the child in mind is protected from any legal action for defamation. A notification of possible child abuse does not constitute a breach of professional ethics.

Confidentiality Of The Notifier

The identity of the person making a notification is confidential and is not released unless the notifier gives written permission to the protective worker.

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'I Am Scared Of Reporting.'

Reporting possible child physical abuse may sometimes be a very difficult step to take.

Many people fear that if they report a case of possible child physical abuse they will suffer in some way and that they will consequently regret their action. Some people fear that they will lose their job or the approval of their boss, colleagues or local community. Others fear that the alleged perpetrator will learn who made the report and may threaten or assault them as well.

Mandatory reporting legislation compels certain professionals to report cases of child physical abuse when in the course of practising their profession or carrying out the duties of their office they form a belief, on reasonable grounds, that a child is in need of protection from physical abuse. These professionals no longer have a choice about reporting child physical abuse and cannot be prevented from doing so by their employers. Reports must be made as soon as practicable.

If you are concerned about your personal safety you can take a number of safety precautions to protect yourself, such as:

• inform your supervisor of your concern and request their support.,
• obtain the support and advice of your local police; or
• request that security be reviewed in your workplace.

If you are discouraged from reporting a case of possible physical abuse of a child because you are fearful of the personal consequences it may help to picture the child and the harm the child may suffer if the abuse continues. Reaffirm to yourself that morally it is essential that adults take responsibility for children.

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Role Of Protective Services

Protective Services has responsibility for protecting children from physical abuse where their parents or caregivers are unable or unwilling to do so.

Protective workers will provide advice to any person concerned about the welfare of a child. DHS accepts reports of child abuse and neglect twenty-four hours a day, seven days a week. Urgent after hours notifications of abuse are investigated by DHS Child Protection Crisis Line.

Protective workers are authorised to accept notifications of suspected child physical abuse, carry out investigations and to take matters before the Children's Court in relation to protective concerns for children up to the age of seventeen years. DHS is responsible for the welfare of children who have been placed on Guardianship Orders by the Children's Court and for supervising the care of children who have been placed on other Protective orders requiring statutory supervision.

All of the decisions made, and action taken, by an individual protective worker must be made in accordance with the CYPA, and Protective Services Standards, Procedures and Protocols. Key decisions about all cases reported to Protective Services, for example, whether or not to commence an investigation or to take a matter before the Children's Court, are made by senior staff in consultation with the protective worker responsible for the case.

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'I Am Concerned That If I Make A Report The Child Will Be Removed From His Or Her Family.'

Many people fear that a report made to Protective Services will automatically lead to the child being removed from their family. This is a myth. Removing children from their families in the short term and in the long-term is the option of last resort. Children are only removed from their families in the short term when the child is considered to be at immediate risk of significant harm and the child's parents are unlikely to protect the child from such harm.

When a child is removed from their family by protective workers the matter must be taken before a children's court magistrate within twenty four hours. lt is the role of the magistrate to decide whether the child should live apart from their family whilst the situation is further investigated and the protective issues are addressed.

In the longer term, when a child has been removed from their family, a primary goal is to reunite the child with the family if that is deemed to be in the best interests of the child. These principles are clearly stated in the CYPA and in Protective Services Mission Statement and Practice Standards.

Protocol Between Protective Services And Victoria Police

As physical abuse of children may be a criminal offence, whenever Protective Services receives a report of this nature police are consulted and usually participate in a joint investigation with protective workers.

In joint investigations the protective workers are responsible for deciding what action is required to best protect the child. It is the responsibility of police to determine whether criminal charges will be laid against the alleged perpetrator of the abuse. A criminal investigation may be carried out by the Community Policing Squad or the Criminal Investigation Bureau (CIB) whenever reasonable grounds exist for believing that a child has been severely physically abused. (see Contacts section for nearest CPS)

How To Report Child Physical Abuse

Contact a protective worker at your local Protective Services Unit or the 24 Hour Child Protection Crisis Line to report concerns about child physical abuse. (see Contacts section for nearest unit)

The protective worker will want to know:

• The child's name, address, age, family circumstances and language.
• Your reasons for believing that the child has been physically abused, including a description of any physical indicators or behavioural indicators you have noticed.
• Whether the family and/or alleged perpetrator is aware of the report and whether the non-offending parent knows of the abuse and has taken any action to protect the child.
• Your relationship to the family.
• Any other information you may consider relevant.

You may not know the answer to some of these questions, however, the more information you can provide, the greater the likelihood of an effective investigation.

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Follow Up

After action has been taken to protect the child it is important that, if you have an ongoing relationship, you are supportive to the child and, where appropriate, the family.

Reassure the child that they are valued by you and that they are not to blame. To minimise the effects of physical abuse all children should be encouraged to receive counselling or support as soon as possible.

The identification of child physical abuse may place the family in crisis. The family may need help and guidance from you to manage the home situation, to deal with feelings and to respond appropriately to the child.

References

1. Protective Services Section, H&CS, Quarterly Management Report, September 1993.

2. Young, L. & Brooks, R. 1988, The Profile of Child Abuse and Neglect in NSW, Department of Family and Community Services Research and Data Analysis Unit.

3. Children At Risk Register.

4. Gamble, H. 1986, Law for Parents and Children, Law Book Company Ltd Sydney, pp. 2324.

5. Royal Commission on Human Relationships 1977,A. 1987, Final Report, A.G.P.S. Canberra, volume 4, p. 159.

6. Milner, J. 1992, 'Risk For Physical Child Abuse: Adult Factors,' in Violence Update, January 1992.

7. Family Violence Professional Education Taskforce 1991, Family Violence; Everybody's Business, Somebody's Life, The Federation Press, NSW.

8. Finkelhor, D., Hotaling, G. and Yllo, K. 1988, Stopping Family Violence Research Priorities for the Coming Decades, Sage Publications, California.

9. Oates, K. 1985, Child Abuse and Neglect : What Happens Eventually, Butterworths, NSW.

10. Garbarino, J. & Garbarino, A. Maltreatment of Adolescents, NCPA, Chicago.

11. South Australian Child Protection Council 1989, Reporting Child Abuse CoreTraining Manual, Finsbury Press, Adelaide.

12. Howing, P., Wodarski, J., Kurtz, R, Gaudin, J. 1993, Maltreatment and the School Age Child. Developmental Outcomes and Systems Issues, Howarth Press, New York

13 Finkelhor, D. op. cit.

14. Carter, J., Burston, 0., Floyd, F., & Stewart J. 1989, Mandatory Reporting and Child Abuse, Brotherhood of St Laurence, Melbourne, pp. 2931.

15. Oates, K. op. cit. pp. 72-73.

16. Oates, K. ibid. pp. 68-69.

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Disclaimer Copyright Updated: 12 Jul 2003