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Child protection investigation policy
and procedures
Detailed table of contents
This chapter contains these topics:
Executive summary - policy and principles
• The Police commitment to victims
• Principles guiding Police practice
• Summary of child abuse policies guiding Police practice
Overview
•
Purpose
•
Who do the investigation policy and procedures apply to?
•
Background
•
Related information
Definitions and assessing seriousness of abuse
•
Definitions
•
Determining seriousness of physical abuse
Key processes in child abuse investigations
•
Case management links
Initial actions and safety assessment
•
Introduction
•
Procedure when a report of concern is received
•
Options for removing a child
-
Powers of removal
•
Managing children found in clandestine laboratories
Consultation and initial joint investigation planning with Oranga Tamariki
•
Consultation procedures
•
Initial joint investigation plans
-
Updating initial joint investigation plans
•
CPP meeting to discuss cases
•
Cases falling outside of the Child Protection Protocol Joint Operating Procedures
Making referrals to ORANGA TAMARIKI
•
Types of cases requiring referral to Oranga Tamariki
-
Flowchart
•
Referral process varies depending on case type
•
Referral of historic cases to Oranga Tamariki
Interviewing victims, witnesses and suspects
•
Interviewing children in child abuse investigations
•
Interviewing adult witnesses
•
Interviewing suspects
Medical forensic examinations
•
Primary objective of the examination
•
Timing of examinations
•
Arranging the medical
-
Specialist medical practitioners to conduct examinations
-
Support during the examination
•
Examination venues
•
Examination procedures
•
Photographing injuries
Evidence gathering and assessment
•
Police responsibility for criminal investigations
•
Crime scene examination
•
Consider all investigative opportunities
•
Exhibits
•
Dealing with suspects
•
Ongoing evidence assessment
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Child protection investigation policy and
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-
Care and protection concerns arising during investigation
•
Community disclosure of offender's information
Hospital admissions for non-accidental injuries or neglect
•
Introduction
•
Medical case conferences
-
DHB immediate management plan
•
Multi agency safety plan
-
Reviewing multi agency safety plans
•
Medical information available to investigators
•
Further information
Charging offenders and considering bail
•
Determining appropriate charges
•
DNA sampling when intending to charge
-
Relevant offences
•
Determine if the offence falls within s29 Victims' Rights Act
•
Bail for child abuse offending
-
Victims views on bail
Prosecution and other case resolutions
•
Options for resolving child abuse investigations
•
Deciding whether to prosecute
-
Related information if case involves family violence
•
Matters to consider during prosecutions
•
Disclosure of video records and transcripts
•
Preparing witness before court appearance
•
Privacy of victims in court
•
Support of witnesses in court
•
Preparing victim impact statements
Responsibilities for victims
•
Victims may include parents and guardians
•
Rights of victims
•
Support after sexual violence
Final actions and case closure
•
Information to be provided to victim
•
Oranga Tamariki notification
•
Sex offender/suspect notification
•
Return of exhibits
•
Return and retention of video records
-
Destruction of master copies, working copies and other of video records
•
File completion
Health and safety duties
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Executive summary – policy and principles
The Police commitment to victims
Police will assess all reports of child safety concerns received and:
• take immediate steps to secure the child’s safety and well being. This is the first and
paramount consideration including identifying and seeking support from family
members and others who can help
• intervene to ensure the child’s rights and interests are safeguarded
• investigate all reports of child abuse in a
child centred timeframe, using a multi-
agency approach
• take effective action against offenders so they can be held accountable
• strive to better understand the needs of victims
• keep victims and/or their families fully informed during investigations with timely and
accurate information as required by
s12 of the Victims Rights Act 2002.
Principles guiding Police practice
These principles must be applied when responding to reports of child safety concerns.
Description
Principles
Rights of the
• Every child has the right to a safe and nurturing environment.
child
• Every child has the right to live in families free from violence.
• Every child has the right to protection from all forms of physical
or mental violence, injury or abuse, neglect, or negligent
treatment, maltreatment or exploitation, including sexual abuse,
while in the care of parent(s), legal guardian(s) or any other
person who has the care of the child (see Article 19(1) of the
United Nations Convention on the Rights of the Child 1989)
• Every child has the right to protection from all forms of sexual
exploitation and sexual abuse, in particular:
- the inducement or coercion of a child to engage in any
unlawful sexual activity
- the exploitative use of children in prostitution or other
unlawful sexual practices
- the exploitative use of children in pornographic performances
and materials
(see Article 34 of the United Nations Convention on the Rights
of the Child 1989).
Accountability
• Child abuse, in many of its forms, is a criminal act which will be
thoroughly investigated and the offender(s) held to account,
wherever possible.
Working
• Police will adopt a proactive multi-agency approach to prevent
collaboratively
and reduce child abuse through well developed strategic
partnerships, collaboration and cooperation between policing
jurisdictions, government and non government agencies.
• Police will maintain integrated and coordinated information
gathering and intelligence sharing methods locally, nationally
and internationally.
Service delivery
• Police will make use of new technology and other innovations
allowing them to work faster and smarter in response to child
abuse.
Summary of child abuse policies guiding Police practice
This table summarises specific Police policies relating to reports of child safety concerns
and the investigation of child abuse.
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Practice
Policies and/or responsibilities
relating to…
Victims
• All obligations under t
he Victims Rights Act 2002 must be met
and all victim contact must be recorded.
• Victims must be given information about the progress of their
investigation within 21 days.
• Victims must be kept updated and informed of the outcome of
the investigation, including no further avenues of enquiry or the
reason for charges not being laid.
• As soon as the offender is arrested and charged, Police must:
- determine whether it is a
s29 offence, and if so
- inform the victim of their right to register on the Victim
Notification System (if they wish to do so).
• Victims must be informed of the outcome of the case and the
case closure. Any property belonging to the victim must be
returned promptly.
Investigations
• All reports of child safety concerns must be thoroughly
investigated in accordance with this chapter.
• All reports of child abuse made by children must be thoroughly
investigated in accordance with this chapter, even if the child
recants or parents or care givers are reluctant to continue.
• Police must take immediate steps to ensure the safety of any
child who is the subject of a report of concern or is present in
unsafe environments, including family violence.
• All reports of historic child abuse should be investigated in
accordance with the
Adult sexual assault investigation policy and
procedures and may include early consultation with child
protection investigators and Oranga Tamariki.
• All child abuse investigations must be managed in accordance
with the case management business process.
• All referrals made under the Child Protection Protocol Joint
Operating Procedures
(CPP) must comply with the protocol.
• Oranga Tamariki inquiries do not negate the need for Police to
conduct its own investigations into alleged child abuse.
• Interviews of a child must be conducted in accordance with the
Specialist Child Witness Interview Guide, by a trained specialist
child witness interviewer and comply with the
Evidence
Regulations 2007.
Investigators
• Investigators on child protection teams should be exclusively
focused on child abuse investigations. Where circumstances
require it, investigators on
Child Protection Teams must only
work on non-child protection matters for the shortest duration
possible.
• Investigators must consider the possibility of the suspect
continuing to offend against any child during the course of the
investigation and take appropriate action to mitigate the risk.
• Investigators of child abuse must be trained investigators (see
‘Child protection tiered training and accreditation’ in the
‘Child
protection – Specialist accreditation, case management and
assurance’ chapter).
• Where investigators are uniform attachments they may only be
the O/C (file holder/lead investigator) for physical assault cases
where the maximum penalty is no more than 5 years
imprisonment. The investigation of such cases must be under
the direction/supervision of a level 3 qualified investigator or a
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level 4 qualified supervisor. They must not hold any sexual
offending files.
• All child protection investigators must comply with the
Wellcheck
support policy. Child protection investigators may, from time to
time, for personal or organisational reasons, need to be moved
out of investigating child abuse and into more general areas of
policing.
File
• All reports of child safety concerns must be recorded in NIA with
management
a 6C incident code in addition to the appropriate offence code
when an offence has clearly been identified.
• All information must be recorded in accordance with the
National
Recording Standards (NRS).
• All child abuse cases must be:
- managed using the NIA case management functionality
- categorised in NIA case management as “2 Critical.”
• All reports of concern must only be filed by a level 4 CP trained
substantive Detective Senior Sergeant (or substantive Detective
Sergeant in relieving capacity) who has also received operational
sign off from the District Crime Manager. In most instances filing
will be completed by the District Child Protection Co-ordinator
following review by the CPT supervisor.
Oversight and
As pe
r Quality Assurance and Improvement Framework (QAIF):
Monitoring
• supervisors of child protection investigators must review one file
from each child protection investigator every four months with
the results reported back to the individuals and District CP
Coordinator.
• District CP Coordinators and/or District Crime Managers must
review cases from a list provided every four months by PNHQ
with the results reported back to supervisors and the Manager
Sexual Violence and Child Protection Team
• the Manager Sexual Violence and Child Protection Team must:
- review a sample of files from every district on a yearly basis
with results reported to districts and the Police Executive
- ensure that districts comply with the audit and assurance
framework and report to districts and the Police Executive on
a quarterly basis.
Training
The Training Service Centre and the National Sexual Violence and
Child Protection Team must provide the means for:
• all employees to understand child abuse and neglect
• investigators to gain the necessary skills and knowledge to
conduct child protection investigations
• specialist child witness interviewers to gain the necessary skills
and knowledge to conduct child interviews.
Local Level
• Local Level Service Agreements must only address local service
Service
delivery matters particular to the districts or area that are not
Agreements
already covered by the CPP.
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Overview
Purpose
This Police Manual chapter details:
• policy and principles guiding Police response to
child safety concerns:
-
including child abuse, neglect, online offending against children, and abuse arising
from children being present in unsafe environments
-
excluding child safety concerns arising from missing persons, truants, or child and
youth offenders. See the
Missing persons and
Youth justice chapters for procedures
in these areas
•
procedures for responding to and investigating reports to Police about child safety
concerns.
These policies and procedures are designed to ensure timely, coordinated and effective
action in response to information about child safety concerns so that children are kept
safe, offenders are held accountable wherever possible, and child victimisation is
reduced.
Related child protection policies and procedures
These related child protection chapters detail further policies and procedures around
specific aspects of Police child protection work:
•
Child Protection Policy (overarching policy) - outlines the various policies that together
comprise the Police ‘Child Protection Policy’ and provides an overview of our
obligations under the
Vulnerable Children Act 2014
•
Child protection – Mass allegation investigation
•
Child protection – Investigating online offences against children
•
Child protection – Specialist accreditation, case management and assurance
•
Child Protection Protocol: Joint operating Procedures (CPP) – between Police and
Ministry of Vulnerable Children (Oranga Tamariki)
• Joint Standard Operating Procedures for Children and Young Persons in Clandestine
Laboratories
Who do the investigation policy and procedures apply to?
These ‘Child protection investigation policy and procedures’ apply to all cases where the
victim is under the age of 18 at the time of making the complaint.
Follow the
Adult sexual assault investigation policy and procedures in cases of sexual
abuse where the victim is 18 years of age or older at the time of making the complaint.
Exceptions
Many cases have individual circumstances warranting different approaches to achieve
the most favourable outcomes for victims. There may be situations where adult victims
will be dealt with according to these procedures, depending on the nature and
circumstances of the victim and the offending — e.g. an adult victim with intellectual
disabilities being forensically interviewed as a child.
Investigations into reports of
historic child abuse, i.e. reports by an adult victim of
child abuse that occurred against them when they were a child:
• should be conducted in accordance with
Adult sexual assault investigation policy and
procedures
• should include early consultation with specialist child protection investigators and
Oranga Tamariki to consider other children who may be at risk, any relevant history
and potential for other related offending by the offender
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• may still require referral to Oranga Tamariki (see
Referral of historic cases to Oranga
Tamariki for further information).
Background
Children are one of the most vulnerable members of the community. It is well recognised
that child abuse has a devastating effect on the development and growth of a child.
Children exposed to child abuse are more likely than other children to grow up to be
victims of violence, to perpetrate violence or be involved in other criminal offending.
Child abuse is a crime that often goes unreported with some child victims simply unable
to make a complaint against the offender. Child abuse is commonly found within a family
setting. Even if a child is capable of making a complaint, the pressures of the family
dynamic will often prevent them from doing so in the first instance, or persisting with the
complaint if one is made.
Child safety is a critical issue and the investigation of child abuse is given a high priority
by Police. Police has adopted a broad approach to child safety to ensure no child falls
through the cracks and is committed to a prompt, effective and nationally consistent
response to child safety, in conjunction with other agencies and community partners.
The use of formal processes ensures all the elements of good child protection practice
are applied.
Initial information about child safety concerns may come from a range of sources and
only rarely will the initial notification come directly from the child. Most often the report
comes through Oranga Tamariki.
When a report of concern is received, the safety and well being of the child is the first
and paramount consideration. Police cannot achieve this on its’ own or in isolation from
other partner agencies. An inter-agency approach is necessary to ensure the child’s
protection, enhance the accountability of the offender, and to enhance the child’s partial
or full reintegration into the family where appropriate.
There are subtle differences between investigating reports of child safety concerns and
other criminal enquiries. Most notable is the power imbalance between the child and the
offender, and the subsequent impact and consequences of abuse on the victim.
Family violence cases
The effect of exposure to family violence on children has a significant and negative
effect, whether they witness it, or are direct victims of it.
1
For CPP cases where the abuse has occurred within a family or whānau context
2 it is
important to refer cases to the appropriate family violence multi-agency forum
3 for
consideration. For Police, the CP Team must advise their District/Area Family Harm
Coordinator or equivalent of any CPP cases considered to be family violence. Do this by
entering a tasking to the District Family Harm Coordinator bringing the CPP file to their
attention.
When working with families who have experienced family violence, staff Oranga Tamariki
should consider and assess the cumulative effect of psychological harm, including the
current impact of past and/or present violence. (For more information on circumstances
in which a child or young person is suffering, or is likely to suffer, serious harm see
1 Joint Findings of Coroner C D na Nagara as to Comments and Recommendations – Flaxmere Suicides, 6 May 2016.
2 The parties involved in the situation are family members. Family members include people such as parents, children,
extended family and whānau. They do not need to live at the same address.
3 Currently this is the Family Violence Interagency Response System (FVIARS).
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section 14AA of the Oranga Tamiriki Act 1989). This includes assessment of prior reports
of concern which did not meet the threshold for further action to be taken. This is
important as the physical and psychological consequences are highly individualised and
can vary from intense and immediate, to cumulative and long lasting. Research
demonstrates that children living with violence in their families are at increased risk of
experiencing physical or sexual abuse.
4
Calls to Police to intervene in family violence represent a vital opportunity for police to
consider and make appropriate referrals to ensure effective child protection.
Impact on Maori
Maori are significantly over represented as victims and perpetrators of child abuse and
family violence. Given this over-representation, it is extremely important that Police
focus resources and effort effectively for prevention and the investigation of cases. Maori
service providers and whänau should be engaged wherever possible to provide additional
support through Whangaia Nga Pa Harekeke. In addition, all districts have Iwi Liaison
Officers who should be used when dealing with child safety concerns. Each District, and
some Areas, also have Maori Advisory Boards who can assist with identifying service
providers and engaging whänau for additional support. This will be easier if the iwi/hapu
affiliations of children and their families are ascertained.
Non-indigenous cultural considerations
Nowadays, 1 in 5 New Zealand residents is born overseas. When immigrants settle in
New Zealand they bring with them diverse cultural and religious backgrounds that can
affect the way violence manifests and create barriers to seeking help. Those
backgrounds can include direct and indirect exposure to the ideology and practice of
Female Genital Mutilation (FGM) and under-age marriage.
Related information
This chapter should be read in conjunction with the
Child Protection Protocol: Joint
Operating Procedures (agreed between Police and Oranga Tamariki) and the
Family
harm policy and procedures.
Other related information includes:
•
Police safety orders
•
Protection and property-related orders
•
Adult sexual assault investigation policy and procedures
•
Police response to bullying of children and young people
•
Forced and under age marriage
• Multi-agency Statement on a Collaborative Response to Potential and Actual Forced
Marriage
• United Nations Convention on the Rights of the Child (UNCROC)
•
Objectionable publications (includes guidance on ‘Indecent communication with a
young person’
•
Wellcheck Support Policy
• Prevention and Reduction of Family Violence - An Australasian Policing Strategy
4 Farmer, E. & Pollack, S. (1998).
Substitute Care for Sexually Abused and Abusing Children. Chichester: Wiley; Edleson, J.
(1999). Children witnessing of adult domestic violence.
Journal of Interpersonal Violence, 14(4)839-70; Cawson, P. (2002)
Child Maltreatment in the Family: The Experience of a National Sample of Young People. In C. Humphreys, & N. Stanley (eds)
(2006)
Domestic Violence and Child Protection: Directions for Good Practice. Jessica Kingsley: London.
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Definitions and assessing seriousness of abuse
Definitions
This table outlines the meanings of terms used in this chapter.
Term
Meaning
6C Incident code
Any report of concern received by Police where a child is the
victim.
Acute child abuse Child abuse occurring less than 7 days before it was reported.
Adult
A person aged 18 years or older.
Case
An investigation plan describes the investigation process. It
investigation plan translates the objectives from the Terms of Reference into a
plan that sets out roles, responsibilities, timeframes, principal
activities, critical decision points and objectives for any
investigation.
Child
Unless specified, ‘child’ means any child or young person under
the age of 18 years at the time of their referral but does not
include any person who is or has been married (or in a civil
union).
Child abuse
Child abuse is defined in the Oranga Tamariki Act 1989 as the
harming (whether physically, emotionally, or sexually), ill-
treatment, abuse, neglect, or deprivation of any child or young
person.
If the victim is a child and one or more of the following exist,
the report of concern should be treated as child abuse:
•
physical, sexual, emotional or psychological abuse
•
neglect
• presence in unsafe environments (e.g. locations for drug
manufacturing or supply)
• cyber crime exploiting children
• child trafficking.
Child centred
Child centred timeframes are timeframes that are relevant to
timeframes
the child’s age and cognitive development.
Child protection
Trained investigators, often in remote or rural locations,
portfolio holders
responsible for investigating reports of concern about child
safety. These investigators are not exclusively focussed on child
protection and may be called upon to investigate other serious
crime in the location.
Child safety
Child safety concerns include offences or suspected offences
concerns
relating to the physical, sexual, emotional abuse or neglect of a
child. These categories overlap and a child in need of protection
frequently suffers more than one type of abuse.
CPP
The
CPP exists to ensure timely, coordinated and effective action
(Child Protection
by Oranga Tamariki and Police so that:
Protocol Joint
• children are kept safe
Operating
• offenders are held to account wherever possible
Procedures)
• child victimisation is reduced.
The CPP sets out the process for working collaboratively at the
local level, and as a formally agreed national level document, it
will be followed by all Oranga Tamariki and Police staff.
CPP case
An agreed case between Police and Oranga Tamariki of child
abuse being investigated in accordance with the
CPP.
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CPP case list
A complete list of all CPP cases that are open to either Oranga
Tamariki, Police or both. This list is generated by Oranga
Tamariki using the Te Pakoro Report 100 CPP Case List. This list
is reviewed at least monthly during the CPP meetings.
CPP contact
The Oranga Tamariki staff member with responsibility for
person (Oranga
overseeing CPP cases in a site.
Tamariki)
CPT
A Child Protection Team (CPT) is exclusively focussed on
(Child Protection
responding to reports of child safety concerns. A CPT is made
Team)
up of trained investigators reporting to a supervisor.
Oranga Tamariki
Was Child, Youth and Family
Oranga Tamariki
These are the categories used by Oranga Tamariki.
timeframes
Category
The child or young person is…
Critical
No safety or care identified; mokopuna is at risk
24hrs
of serious harm, and requires immediate
involvement to establish safety.
Very urgent At risk of serious harm but has some protective
48hrs
factors present for the next 48 hours. However,
as the present situation and/or need is likely to
change, high priority follow up is required.
Urgent
At risk of harm or neglect and the
7 days
circumstances are likely to negatively impact on
mokopuna. Options of safety and supports have
been explored but remain unmet. Vulnerability
and pattern exists which limits the protective
factors.
Emotional abuse
Emotional abuse is the persistent emotional ill treatment of a
child, which causes severe and persistent effects on the child’s
emotional development.
Harm
Ill treatment or the impairment of health or development,
including impairment suffered from seeing or hearing the ill
treatment of another.
Historic child
Reports by an adult victim of
child abuse that occurred against
abuse
them when they were a child and they are over 18 at time of
reporting the abuse.
(Adult Sexual Assault procedures apply)
Initial joint
An initial plan jointly created by Oranga Tamariki and Police to
investigation plan record agreed actions on the agreed template.
(IJIP)
Iwi, Pacific and
Police employee, usually (but not always) a constable, with
Ethnic Liaison
indigenous and/or ethnic language and cultural skills,
Officers
responsible for managing relationships between Police and
Maori, Pacific and Ethnic communities.
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Neglect
Neglect within the
CPP context is when a person intentionally ill-
treats or neglects a child or causes or permits the child to be ill-
treated in a manner likely to cause the child actual bodily harm,
injury to health or any mental disorder or disability. The ill-
treatment or neglect must be serious, and avoidable.
For example:
• not providing adequate food, shelter or clothing
• not protecting a child from physical harm or danger
• not accessing appropriate medical treatment or care[1]
• allowing a child to be exposed to the illicit drug
manufacturing process
• allowing a child to be exposed to an environment where
volatile, toxic, or flammable chemicals have been used or
stored.
Physical abuse
The actions of an offender that result in or could potentially
result in physical harm or injury being inflicted on a child. This
can also be known as a non-accidental injury (NAI). The test for
seriousness is determined by considering the action, the injury
and the circumstances (see
Determining seriousness of physical
abuse below).
Psychological
A person psychologically abuses a child if they:
abuse
• cause or allow the child to see or hear the physical, sexual, or
psychological abuse of a person with whom the child has a
domestic relationship, or
• puts the child, or allows the child to be put, at real risk of
seeing or hearing that abuse occurring.
(s3 Domestic Violence Act 1995)
Note: The person who suffers the abuse is not regarded (for the
purposes of
s3(3)) as having:
• caused or allowed the child to see or hear the abuse, or
• put the child, or allowed the child to be put, at risk of seeing
or hearing the abuse.
Sexual abuse
Sexual abuse is an act involving circumstances of indecency
with, or sexual violation of, a child, or using a child in the
making of sexual imaging.
Specialist child
A recorded interview that can be used as part of an investigation
witness interview where a child has, or may have been, abused or witnessed a
(SCWI)
serious crime. It may later be used as evidence in the Court.
Victim
A person against whom an offence is committed by another
person. A victim may also include a parent or legal guardian of a
child or young person.
Determining seriousness of physical abuse
There are three areas to consider in determining whether physical abuse meets the
threshold for referral as a CPP case:
1. the action (of the abuse)
2. the injury inflicted (outcome or result)
3. the circumstances (factors in the case).
Any single action and/or injury listed below will
meet the threshold for referral as a CPP
case.
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Any of these actions (methodology, how it was done)
• blow or kick to head
• shaking of an infant
• strangulation
• use of an object as a weapon (e.g. broom, belt, bat etc)
• attempted drowning.
OR
Any of these injuries (outcome or result)
• a bone fracture
• burn
• concussion or loss of consciousness
• any injury that requires medical attention
• any bruising or abrasion when the:
- child is very young, e.g. infant not yet mobile and/or,
- the position and patterning make it unlikely to be caused by play or another child
or accident.
Circumstances or factors of the case
Where the initial action or injury does not meet the threshold outlined above, the
following circumstances or factors may warrant referral as a CPP case.
Factor / background Consider …
The vulnerability of the
especially:
child
• children under 5 years
• age and vulnerability of pre-pubescent children
• disabilities in any age
More than one offender for example:
• both parents/caregivers
• multiple family members
History of abuse
• other incidents of concern, escalation of abuse
• multiple previous similar events
• previous non-accidental death of a sibling or child in
household
• abuse undertaken in public or in front of non-relatives.
A high degree of
• a complete loss of control by the offender, such as a
violence
frenzied attack
• enhanced maliciousness or cruelty in the abuse
• the degree in relation to age and vulnerability of the
victim
The offender's history
• severe and frequent family violence
and background
• serious or extended criminal history
Location of the incident for example:
• educational, care, or health facility
Nature and level of
• notifier witnessed abuse
concern from the
• notifier’s source
notifier
• professional opinion indicates serious concern.
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Key processes in child abuse investigations
Case management links
This table aligns the case management process steps that apply to Police investigations
generally and provides links to relevant information and requirements in these
procedures, specific to child abuse investigations.
Not all steps will apply in every case and the order may vary depending on the individual
circumstances.
Process
Case management action
Related procedures in this or in
step
other Police Manual chapters
Step 1
Record incident, event or
occurrence
Details are recorded into the Police
computer system and a case
created.
All reports of child safety concerns
must be recorded in NIA with the 6C
incident code in
addition to the
appropriate offence code when an
offence has clearly been identified.
Step 2
Initial attendance
• Initial actions and safety
Police respond to the report,
assessment
enquiries commence, evidence is
- immediate actions (e.g.
gathered or other action taken as
removal) to ensure the child’s
necessary.
safety
- managing children found in
clandestine laboratories (joint
operating procedures with
Oranga Tamariki)
• Consultation and initial joint
investigation planning with
Oranga Tamariki
• Making referrals to Oranga
Tamariki
After initial assessment,
referring cases to Oranga
Tamariki to agree future actions
and priority.
Step 3
Gather and process forensics
•
Medical forensic examinations
Detailed scientific scene examination
• Evidence gathering and
is conducted. Forensic evidence is
assessment
gathered and analysed, and its
relevance recorded and assessed.
Step 4
Assess and link case
Consider the application of
Initial assessment and review of all
procedures in the Child protection -
available information. Other related
'Mass allegation investigation' and
or relevant cases are identified.
'Investigating online offences
Cases are closed (filed, or
against children' chapters.
inactivated) or forwarded to
appropriate work groups for further
investigation.
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Step 5
Prioritise case
• Consultation and joint
Cases identified for further
investigation planning with
investigation are assigned a case
Oranga Tamariki
priority rating score based on crime
• Making referrals to Oranga
type and the presence of factors
Tamariki
affecting the need for urgent
After an initial assessment of the
investigation.
case, cases are referred to
Oranga Tamariki for consultation
All child abuse cases are recorded as
and to agree future actions and
“2. Critical” under NIA Case
priority.
Management.
Step 6
Investigate case
• Interviewing victims and
Initial investigation is conducted to
witnesses
bring the case to a point where a
•
Medical forensic examinations
suspect can be identified and all
• Evidence gathering and
preliminary enquiries necessary
assessment
before interviews are complete.
• Consider appropriate strategies
for
mass allegations and
online
offending investigations
•
Interviewing suspects
Step 7
Resolution decision/action
• Charging offenders and
Deciding on formal or informal
considering bail
sanctions, prosecution or other
• Prosecution and other case
action, confirming the
resolutions
appropriateness of charges and
offender handling and custody suite
actions.
Step 8
Prepare case
• Prosecution file and trial
Court files are prepared, permission
preparation
to charge obtained from supervisor
•
Criminal disclosure
and actions such as disclosure
completed.
Step 9
Court process
• Criminal procedure - Review
Where a not guilty plea is entered, a
stage (CMM process)
case management memorandum
and case review hearing occurs
before trial (judge alone - categories
2 & 3, or trial by jury - categories 3
& 4).
Step 10
Case disposal and/or filing
•
Final actions and case closure
Occurs when a case will be subject
• ‘Prevention opportunities and
to no further action because all
responsibilities’ in the
‘Specialist
reasonable lines of enquiry have
accreditation, case management
been exhausted without result or the
and assurance’ chapter)
matter has proceeded to a resolution
in the court system or by alternative
action. As per the tiered training
model only Level 4 trained staff can
file CP cases.
All steps
•
Responsibilities for victims
Consider Police responsibilities
for victims throughout the
investigation.
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Initial actions and safety assessment
Introduction
Police receive reports of child safety concerns through a variety of reporting channels,
such as telephone calls to Communications Centres, the watchhouse counter, or police
become concerned when attending an incident. In every case, the priority is to ensure
the child's immediate safety. You should also ensure that your local
CPP contact is
notified as soon as practicable.
Procedure when a report of concern is received
Follow these steps when initially responding to reports of child safety concerns.
Step
Action
1
Obtain brief details of what the reported concern is about to enable a risk
assessment to be completed to determine the appropriate initial response.
This should include:
• personal details of the informant, complainant and/or the child
• brief circumstances of concern/complaint
• brief details of timings and about the scene
• offender's details.
Do not question the child in depth at this stage.
• If the child has disclosed sexual or physical assaults to an adult, take this
person’s details and use what they say to form the basis of information for
the notification.
DO NOT ask the child again what has happened to them if
a clear disclosure has already been made and an adult present can give
you the information.
• If it is unclear what the child has said
and:
- there are no urgent safety issues,
DO NOT question the child any
further. Take details from the informant and forward necessary
correspondence for enquiries to be made
- it is absolutely necessary to speak to the child to ascertain their safety,
ask open ended questions, e.g. "Tell me what happened?" "When did
that happen?"
DO NOT continue to question the child if it becomes clear
while speaking to them that an offence has occurred.
2
Consider if there are immediate concerns for the child’s care or safety
requiring immediate intervention. (Family violence information may be
relevant to determining the risk). Determine the appropriate action to ensure
immediate safety, e.g.:
• arrest if there is sufficient evidence of an offence and remove the offender
from the home
• if there is insufficient evidence to arrest and charge the offender, consider
issuing a
Police safety order which would remove the person
• removal of the child (see
Options for removing a child below)
•
manage children found in clandestine laboratories.
If the report is received at a watchhouse, immediately contact a supervisor or
child protection investigator to determine what intervention is required.
3
Consider whether Iwi, Pacific or Ethnic Liaison Officers attendance could be
beneficial.
4
Record details of the case in NIA. Regardless of any other offence/response
code used,
Code 6C must be entered in NIA to indicate that the attendance
related to a report of concern about a child.
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5
If the situation does not require immediate intervention:
• complete a CPP referral form (POL 350 in Police Forms> Child Protection)
and email to [email address] and your local
Police CPP contact for
further investigation (use CPP email address). This referral should be
completed by the attending officer before going off duty on the day of the
report
• follow the
Family harm policy and procedures if family violence was
involved.
6
Take necessary initial actions relating to criminal investigations to:
• preserve crime scene and physical evidence where relevant
• secure witnesses
• locate and detain suspected offenders.
7
When circumstances permit, provide parents and caregivers with a copy of the
pamphlet
'When Police visit about your child's safety'. This provides
information about why Police are talking to them, what happens next, what
will happen with a case and who they can contact for further information.
Options for removing a child
Remove a child when:
• it is not safe to leave them there or you believe, on reasonable grounds that if left,
they will suffer, or are likely to suffer, ill treatment, neglect, deprivation, abuse or
harm, and
• there is no other practical means of ensuring their safety.
Powers of removal
If you believe that removing the child is necessary, you may enter and search:
Power
Description
Without a
This is a Police power and can only be invoked when police believe
warrant
on reasonable grounds it is critically necessary to remove that
child to prevent injury or death.
(s42 Oranga
Tamariki Act 1989 When exercising the power you must:
(OTA))
• produce evidence of identity, and
• disclose that your powers are being exercised under s(
s42(2))
and
• a written report must be made to Commissioner of Police within
3 days of power being exercised (s42(3)). Complete
notification "Child/Young Person Arrest/removal" in Microsoft
Outlook to comply with this requirement.
With a place of
OT staff normally obtain place of safety warrants, although police
safety warrant
may assist with executing the warrant. (While police may apply
for such a warrant it would be highly unusual to do so).
(s39 OTA)
On entry, police (or social worker) may remove the child if they
still believe on reasonable grounds that the child has suffered, or
is likely to suffer, ill-treatment, serious neglect, abuse, serious
deprivation, or serious harm.
With a warrant
When the court is satisfied a child is in need of care and
to remove
protection, it may issue a warrant for the child’s removal from any
place and for them to be put in Oranga Tamariki care. These
(s40 OTA)
warrants are sought by when there are ongoing care and
protection concerns.
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Managing children found in clandestine laboratories
Where children or young persons are located by police in a clandestine laboratory during
a planned termination phase of an operation or in the course of regular police duties,
Oranga Tamariki must be notified under the
Child Protection Protocol Joint Operating
Procedures.
Neglect as defined in the Protocol, includes situations where a child or young person is
found to have been exposed to the illicit drug manufacturing process or an environment
where volatile, toxic or flammable chemicals have been used or stored for the purpose of
manufacturing illicit drugs.
The
Joint Standard Operating Procedures for Children and Young Persons in Clandestine
Laboratories outlines full roles and responsibilities for Police and Oranga Tamariki staff.
They also outline emergency powers for unplanned situations where children and young
persons are located inside clandestine laboratories.
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Consultation and initial joint investigation planning with
Oranga Tamariki
Consultation procedures
This table outlines the steps to be taken by the Police CPP contact person when receiving
notice of a child abuse concern.
Step
Action (by Police CPP contact person unless otherwise stated)
1
Review the accuracy and quality of the information provided in the referral
and any initial actions already undertaken (e.g. the child’s removal and/or the
offender’s arrest). Arrange any further necessary inquiries.
2
Make an initial assessment of the seriousness of the case (see
Determining
seriousness of physical abuse).
If the case falls within the guidelines of the
CPP (physical, sexual, neglect)
complete and email a CPP referral form (Police Forms>Child Protection) to the
Oranga Tamariki National Call Centre ([email address]) and cc your local
CPP EMAIL address. (See
Making referrals to Oranga Tamariki for when and
how to make referrals).
If there is any doubt as to the degree of seriousness and whether t
he CPP
applies, the case should be referred for further discussion with Oranga
Tamariki.
3
The CPP contacts from Police and Oranga Tamariki at a local level consult
about the CPP referral. This consultation may occur at the same time as the
case was referred. This consultation should be clearly evidenced and recorded
on the nationally agreed template in the respective case management
systems.
The consultation should:
• share information or intelligence about the particular case
• confirm if the referral meets the threshold of the CPP
• discuss any immediate action required to secure the immediate safety of
the child
• consider whether a multi-agency approach is required.
4
The CPP contacts from Oranga Tamariki and Police discuss the case and agree
on an Initial Joint Investigation Plan (IJIP). The purpose of the IJIP is to
ensure that we work together to secure the child’s immediate safety and
ensure any evidence is collected.
Oranga Tamariki record the IJIP on the nationally agreed template and
forward a copy to Police as soon as practicable. This should be done within 24
hours. In some circumstances it may be agreed between the consulting
Oranga Tamariki and Police CPP contacts that Police record the IJIP.
In all cases, necessary steps must be put in place immediately to secure the
child's safety and any other children that may be at risk.
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5
After a case is confirmed as a CPP case
• update NIA and note it is a CPP case
• prioritise and assign the case to the most appropriate investigator, taking
into account the recommended maximum case assignments for
investigators. Cases awaiting assignment must be reviewed at least once a
month and any identified concerns or risks while the case is waiting,
appropriately managed. (See the
Child Protection - Specialist accreditation,
case management and assurance chapter for more information).
6
CPP case record:
• Oranga Tamariki create a CPP record in their electronic case management
system (CYRAS).
• Police confirm that the case is recorded as a CPP case in their electronic
case management system (NIA).
7
Following the agreement of an initial joint investigation plan (IJIP) the tasks
outlined in the IJIP
will be reviewed via the CPP meeting to ensure they have
been completed as agreed. The CPP contacts must communicate any
significant updates which occur in the intervening period.
Note that only cases closed by
both agencies can be removed from the CPP
case list at a CPP meeting.
8
If the case is not confirmed as a CPP case:
• Police will record the case in NIA case management system and record the
reason why the referral was not confirmed as a CPP case
• Police may continue an investigation role outside of the CPP process to
determine if there is any on-going role in terms of prevention.
Initial joint investigation plans
Agreement on the Initial Joint Investigation Plan
The CPP contacts from Oranga Tamariki and Police will discuss the case and agree on an
Initial Joint Investigation Plan (IJIP). Its purpose is to ensure that we work together to
secure the child’s immediate safety and ensure any evidence is collected.
Oranga Tamariki will record the IJIP on the nationally agreed template and forward a
copy to Police as soon as practicable. This should be done within 24 hours. In some
circumstances it may be agreed between the consulting Oranga Tamariki and Police CPP
contacts that Police record the IJIP.
The IJIP must consider the following:
• the immediate safety of the child involved and any other children who may be
identified as being at risk
• referral to a medical practitioner and authority to do so
• the management of the initial interview with the child
• if a joint visit is required due to the risk of further offending, loss of evidence, the
likelihood of the alleged offender being hostile, or any concerns for staff safety
• collection of any physical evidence such as photographs
• any further actions agreed for Police and/or Oranga Tamariki including consideration
as to whether a multi-agency approach is required.
The tasks outlined in the IJIP
will be reviewed via the CPP meeting to ensure they have
been completed as agreed. The CPP contacts must communicate any significant updates
which occur in the intervening period.
Updating initial joint investigation plans
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The tasks outlined in the IJIP
will be reviewed via the CPP meeting to ensure they have
been completed as agreed. The CPP contacts must communicate any significant updates
which occur in the intervening period.
As the criminal investigation progresses for CPP cases, case updates and further tasks
will be recorded in the respective case management systems and in the on-going case
investigation plan. The case investigation plans must be updated as necessary to ensure
that appropriate interventions are maintained. Ongoing consultation between Police and
Oranga Tamariki is crucial for the effectiveness of the CPP and for the victim and their
family to receive the best service from both agencies.
CPP meeting to discuss cases
CPP meetings will be held at least monthly or more frequently as required between the
Oranga Tamariki and Police CPP contacts.
Oranga Tamariki will make the CPP Case List (Te Pakoro Report 100) available to Police
prior to the CPP meeting.
In order to ensure that the CPP meetings are productive and focused, the following
standing agenda items have been agreed:
• review the CPP Case List to ensure all cases are recorded
• confirm both agencies have a copy of the agreed IJIP and all of the agreed actions
from the IJIPs have been completed
• case update on the progress of the Oranga Tamariki investigations
• case update on the progress of the Police investigations
• record any further tasks
• advise any case investigations which have been closed and the outcomes
• discussion of any concerns or issues.
One set of agreed formal minutes, using the meeting minute template (word document),
must be taken for each meeting held. These minutes will be shared between the two
parties, agreed and retained as per the CPP.
Cases falling outside of the Child Protection Protocol Joint Operating
Procedures
Not all care and protection concerns require a response under the
CPP. The CPP sets out
the criteria for those that do. If the concerns do not meet the CPP threshold, this does
not mean that the role of Police and Oranga Tamariki is at an end.
Oranga Tamariki will complete an assessment of care and protection concerns. Police
will ensure that any family violence cases that do not fall within the CPP threshold are
referred to the District/Area Family Harm Coordinator or equivalent for follow up.
There will be some cases that are initially identified as CPP, but new information means
the CPP threshold is no longer met, or the criminal investigation cannot be progressed.
As above, this does not mean that that the role of Police and Oranga Tamariki is at an
end, but that the CPP is no longer the correct process for investigation.
See als
o Making referrals to Oranga Tamariki for further information about when and
how referrals to Oranga Tamariki or other Police services should be made.
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Making referrals to Oranga Tamariki
Types of cases requiring referral to Oranga Tamariki
Police are informed of a variety of situations requiring notification to Oranga Tamariki
that a child may be at risk. These cases fall into four general categories.
Category
Examples
Child abuse
• physical abuse
• sexual abuse
• neglect
• sexual imaging of child
Family violence
• where there is a direct offence against a child or young
person
• neglect of child or young person (as pe
r CPP definition of
neglect), or
• anytime where after an investigation has taken place that
factors indicate a concern for safety that warrants statutory
intervention.
(See “Child risk information and Reports of Concern” (ROC) to
Oranga Tamariki in the
Family harm policy and procedures).
Environment /
• clan lab
neglect
• unsafe home
• car crash
• abandonment
• cyber crime exploiting children
Other criminal
• child identified as a suspect / offender
activity
Many of these concerns, other than those meeting the
CPP, can be dealt with outside of
the CPP processes (see
Consultation and initial joint investigation planning with Oranga
Tamariki in these procedures).
Referral process varies depending on case type
This table outlines how referrals to Oranga Tamariki should be made for different cases.
Category of
How should referrals to Oranga Tamariki be made?
referral
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Child Protection
CPP referrals from Police to Oranga Tamariki can be made in
Protocol cases –
four ways:
criminal offence
• a phone call between local staff, followed by an electronic CPP
against a child
referral form (POL 350 in Police Forms>Child Protection)
• electronically using the CPP referral form
• electronically forwarding the CPP referral form between the
Oranga Tamariki National Contact Centre and Police Comms
Centre’ Crime Reporting Line
• via the OnDuty Family Harm mobility solution.
The method adopted will depend on the initial point of contact
and required urgency of response. E.g. if the situation does not
require immediate intervention, email (using the CPP email
address) a completed CPP referral form to your CPP contact for
further investigation before going off duty on the day of the
report.
Note that if Oranga Tamariki were involved in immediate
actions to ensure child safety, there is no requirement for the
CPP contact person to forward the CPP referral to the Oranga
Tamariki National Contact Centre.
Family violence
Where there is repeated exposure to family violence or concerns
referrals
exists which do not meet the CPP threshold, an OT Report of
Concern (ROC) can be made. If concerns arises at a Family
Harm event, this should be fully outlined in the investigation
narrative and discussed at the multi-agency table. A ROC can be
initiated off the table via the OT representative.
Note: If there is evidence of serious child abuse, the CPP
referral process, using the Pol 350, applies.
Environment /
The Oranga Tamariki National Call Centre (NCC) should be
neglect referrals
informed of situations where concerns held for the well being of
the child due to their environment may require a Oranga
Tamariki risk assessment. This can be by:
• phone call to
0508 family
• email to NCC via email address
[email address]
Other criminal
This is managed through Police Youth Services on completion of
activity
the investigation case file for an offender identified as a child.
Minor or trivial
Minor or trivial cases do not have to be referred to Oranga
cases
Tamariki.
Referral of historic cases to Oranga Tamariki
When a report of historic child abuse is received, a risk assessment must be completed
to assess the risk the offender may currently pose to children. The assessment should
consider (amongst other factors):
• currency and timeframes of offending
• the suspect's current access to children
• nature of offending, e.g. preferential or opportunist sexual offender
• multiple victims
• occupational, recreational or secondary connection to children, e.g. school teacher,
volunteer groups, or sports coaches.
Even though the victim is now an adult it may be appropriate to consult with Oranga
Tamariki to resolve any current care and protection concerns of children at risk from the
alleged offender.
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Interviewing victims, witnesses and suspects
Interviewing children in child abuse investigations
All interviews of child abuse victims or of childwitnesses to serious crime must be
conducted carried out according to the
Specialist Child Witness Interview Guide by
specially trained specialist child witness interviewers (SCWI).
The
Specialist Child Witness Interview Guide details policy and guidelines relating to
specialist child witness interviews:
• agreed jointly by Oranga Tamariki and Police
• for trained specialist child witness interviewers of Oranga Tamariki and the Police,
and their supervisors and managers.
The policy and guidelines detailed in the Guide ensure specialist child witness interviews
are conducted and recorded in accordance with the
Evidence Act 2006 and the
Evidence
Regulations 2007 and that best practice is maintained.
Interviewing adult witnesses
When interviewing adult witnesses in child abuse investigations, follow:
•
Investigative interviewing witness guide, and
• additional procedures in
Investigative interviewing - witnesses requiring special
consideration (e.g. when the witness has suffered trauma, fears intimidation, or
requires an interpreter).
Interviewing suspects
When interviewing suspects in child abuse investigations, follow the
Investigative
interviewing suspect guide including procedures for suspects requiring special
consideration (e.g. because of age, disability, disorder or impairment, or where English is
a second language).
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Medical forensic examinations
Primary objective of the examination
The child's well being and safety is paramount. Therefore, the primary objective of a
medical forensic examination is the victim's physical, sexual and mental health, and
safety. Of secondary importance is the opportunity to collect trace evidence. The medical
forensic examination should be promoted to the victim and their family in this way.
Timing of examinations
The timing for a child's medical examination should be considered when the
initial joint
investigation plan is agreed between the Police and Oranga Tamariki contact persons.
The urgency of a medical examination will depend on the circumstances in a particular
case. Always consult with a
specialist medical practitioner when making decisions about
the timing and nature of examinations.
Type of case Timing
Acute sexual
A specialist medical practitioner must be contacted as soon as
abuse cases
possible. Capturing forensic evidence that may disappear, using a
medical examination kit and/or toxicology kit, is particularly important
in the first 7 days after sexual abuse.
If three or four days have passed since the abuse, the examination
may not be as urgent, but should still be considered, primarily for the
victim's wellbeing and for trace evidence capture. This recommended
course of action should be discussed with the victim, their family and
the specialist medical practitioner.
For further information see “Medical forensic examinations” in the
Adult sexual assault investigation policy and procedures.
Acute physical These cases often come to Police attention due to medical intervention
abuse
already occurring at hospitals or doctors surgeries. In other cases, the
examination should be arranged as soon as possible in consultation
with the victim, their family and the specialist medical practitioner.
Bruises and other injuries may take a number of days to best appear
and a further assessment should be made at the follow-up medical
appointment. Consult with the specialist medical practitioner as to
when this should be arranged.
Non acute /
These are non-urgent cases where the medical response can be
therapeutic
arranged at a time convenient to the medical practitioner, the child
and their family. In non acute sexual abuse cases there is little
expectation of locating forensic evidence but the medical examination
is necessary for the assurance of the victim and family (e.g. that there
is no permanent injury, pregnancy, sexually transmitted infections).
In older physical abuse cases a medical examination may be required
to verify concerns of past injury that may be detected by examination
or X-ray.
Arranging the medical
Where a medical examination of a child is considered necessary, refer the child to a
specialist medical practitioner for that examination.
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The medical practitioner must be consulted as to the time and type of examination
required, based on the information received from the child/informant. Except for urgent
medical or forensic reasons, arrange the examination at a time and place that is least
stressful to the child. Also consider religious or cultural sensitivities when conducting the
medical examination.
The medical examination should be completed in a
child centred timeframe and by an
appropriate medical practitioner. This will avoid causing unnecessary trauma by having
to re-examine a child previously examined by a practitioner without specialist knowledge
and expertise.
Specialist medical practitioners to conduct examinations
In cases of serious child abuse, doctors who are DSAC (Doctors for Sexual Abuse Care
Incorporated) trained are the preferred specialist.
Whether the child victim is medically forensically examined by a specialist paediatric or a
general medical examiner varies around New Zealand. When briefing the medical
practitioner about the circumstances and timing of the medical examination, canvas with
them the question of who is best to conduct the examination. The decision is made by
the medical practitioner taking into account the child's age, their physical development
and the nature of their injuries.
Support during the examination
A parent or legal guardian who is not the suspect or another competent adult with whom
the child is familiar should accompany the child for the examination, unless that is not
appropriate in the circumstances.
Examination venues
Medical examinations should be conducted at a Sexual Assault Assessment & Treatment
Service's (SAATS's) recognised venue, e.g. paediatric clinics of District Health Boards or
doctors' clinics. They must not take place at Police premises unless purpose built
facilities exist which are forensically safe environments.
Examination procedures
The police role in a medical examination of child victims of serious physical and sexual
abuse are essentially the same as for adult victims. Follow the procedures "Before
conducting medical examinations" and "Examination procedures" in the ‘Medical forensic
examinations’ section of the
Adult sexual assault investigation policy and procedures
when preparing for and conducting medical forensic examinations of child victims.
Photographing injuries
The recording of physical injuries is important to corroborate an account of abuse.
Medical practitioners will identify during their examination any injuries that should be
photographed and may decide to sensitively take these during the examination. Police
can also take photographs of the victim's physical injuries with the victim's or parent/
guardian's full consent. An appropriately trained Police photographer should be used for
this.
Consult with the specialist medical practitioner as to when photographs should be taken.
Bruises and other injuries may take a number of days to appear so consider the benefits
of taking a series of photographs to record the changes.
A support person should be present to support the victim while photographs are being
taken and afterwards.
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Evidence gathering and assessment
Police responsibility for criminal investigations
NZ Police is the agency responsible for the investigation of any criminal offending. They
have a statutory obligation to investigate any report they receive alleging that a child
has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-
treated, abused, neglected, or deprived (
s17 OT Act 1989).
While the investigation process for child abuse complaints has many similarities with
other criminal enquiries there are subtle differences such as the power imbalance
between the child and the offender as well as the subsequent impact and consequences
of the abuse on the victim.
Investigators need understanding and sensitivity in all interactions with the victim and
their families. They also need an appreciation of offenders' motivation. For example,
does a sexual offender appear opportunistic or preferential in nature? Is the event well
planned, ill-conceived or stumbling? Is what appears to be a minor physical assault a
pattern of increasing violence?
As for any other criminal investigation, child abuse investigations must be undertaken in
a way that evidence gathered is admissible in court proceedings. Correct procedures
must be followed to ensure the strongest possible case can be put before the courts to
hold an offender accountable. This will increase the likelihood of a successful prosecution
and enhance outcomes for the victim, their family and the wider community.
Crime scene examination
Follow standard investigation procedures detailed in the Police Manual for:
•
crime scene examination
• gathering and securing
physical and forensic evidence.
Consider all investigative opportunities
Also consider other investigative opportunities, such as history of family violence, area
canvas, location of further witnesses, propensity (similar fact) evidence, Intelligence
office input (e.g. prison releases, known sex offenders, similar crime etc), media
releases, contact with the Police
Behavioural Science Unit and other potential case
circumstances.
See also:
•
Hospital admissions for non- accidental injuries or neglect in this chapter
• the Child protection -
'Mass allegation investigation' and
'Investigating online offences
against children' for information about managing:
- multiple allegations of serious child abuse committed by the same person or a
connected group of people
- allegations associated with education settings
- online offences investigations involving children, including indecent communication
with a young person under 16
Exhibits
Follow standard investigation procedures for:
• locating, recording and photographing exhibits in situ
• securing, labelling and packaging, handling and retention of exhibits
• analysis, assessment and court presentation
• final action, i.e. appropriate return, disposal or destruction.
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Always consider the potential sensitivity of exhibits for scientific assessment, especially
those cases of a sexual nature. Sound handling processes must be adhered to, recorded
and able to be outlined.
Dealing with suspects
Identifying and locating suspects
In most cases the suspect for child abuse can readily be ascertained due to an
established connection with the victim or their family/whänau. In other cases identifying
and locating a suspect may take extensive and prolonged investigation.
Capturing complete detail in appropriately taken victim complaints, witness statements,
thorough scene examinations and other investigative endeavours better enables the
identification and location of unknown suspects.
Approaching suspects
Staff are to fully assess all available information to determine the best approach that fits
the situation and circumstances. When planning this initial approach to a suspect,
consider:
• the time of day
• the location and situation (alone or in a family or work situation)
• investigator's style, manner and approach
• the possible perceptions of the suspect and what they may interpret is occurring
• follow-up options (e.g. medicals, photographs, further victim involvement etc).
Interviewing suspects
Follow the
Investigative interviewing suspect guide when interviewing suspects in child
abuse investigations.
Medical examination of suspects
Consider the need for the suspect to undergo a medical examination.
Police Medical Officers (ideally a specialist practitioner who has not examined the victim)
undertake a forensic medical examination of suspects at the request of the O/C case or
O/C suspects. They should use:
• medical examination kits, and/or
• a toxicology kit if the suspect is a known or suspected drug user.
When making arrangements for the examination, ask the Police Medical Officer to:
• take appropriate samples such as buccal, blood, saliva, head hair, pubic and body
hair, foreign hairs, and fingernail scrapings
• note any injuries such as scratches or bruises and how this may have originated
• give their opinion of the suspect's mental condition so that police obtain a further
psychiatric opinion where necessary
• record any comments or explanations made by the suspect about the cause of injuries
or other relevant comments made.
Consider photographing injuries or other aspects.
DNA samples
If DNA trace evidence is held as a result of forensic evidence and the suspect declines to
provide a voluntary DNA sample, a suspect compulsion order should be sought through
the Court. (See the
DNA sampling Police Manual chapter).
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Ongoing evidence assessment
Ongoing appraisal of available information and evidence should be undertaken as part of
usual practice. There may also need to be a formal assessment which could include
seeking the opinion of Legal Section or the Crown Solicitor when determining resolution
options for the investigation.
Care and protection concerns arising during investigation
The O/C case must advise Oranga Tamariki immediately if any further care and
protection concerns arise during the criminal investigation. It may be necessary to
amend the Oranga Tamariki /Police
initial joint investigation plan to ensure the safety of
the victim, siblings or other children who may be at risk of continuing offending.
Community disclosure of offender's information
In some situations, a form of community disclosure may be required, e.g. where
information is received that a person previously known to Police has commenced
volunteer work with children.
See
‘Community disclosure of offender information’ in the Police Manual for:
• the circumstances in which police may proactively release information about an
offender's identity to individuals and/or communities other than in response to
requests under the Official Information Act 1982
• what information can be released and how
• the necessary authorisation that must be obtained prior to release.
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Hospital admissions for non-accidental injuries or
neglect
Introduction
Non-accidental injuries (NAI’s) and serious neglect investigations are not only a criminal
investigation but also a multi-agency child protection investigation.
The admission of a child to hospital does not automatically ensure their safety. Police,
Oranga Tamariki and health professionals must work closely together from the time the
abuse/neglect is first recognised to ensure the victim's safety and achieve the best
investigative outcome.
Non-accidental injuries and serious neglect investigations can be difficult to conduct
because:
• offenders who inflict serious injuries to young children do not want to be seen as child
abusers and admissions are therefore difficult to obtain
• non-offending parties are often bound by feelings of loyalty to perpetrators of violence
against children
• there is often no evidence of planning or preparation to be obtained. In the majority
of cases, violent acts are spontaneous
• most offenders do not actually intend to inflict the levels of harm suffered
• medical evidence can be imprecise, with injuries being difficult to time or date
• pre-existing medical conditions may exist, or other causes for injury and explanations
be given, e.g. resuscitation or shaking to revive or as a response to choking or
apnoea
• accident - no intent to harm, e.g. accidental falls
• time frames may expand to include other suspects.
Medical case conferences
When a child presents at the hospital, an initial clinical assessment will be undertaken by
a health practitioner. If the treating health practitioner becomes concerned about
possible abuse they will undertake a primary assessment of risk. The practitioner will
consult internally with the District Health Board (DHB) child protection team.
DHB immediate management plan
The District Health Board is responsible for ensuring the safety of the child from the time
of admission until the notification to Oranga Tamariki has been accepted. This should
never be longer than 24 hours.
The attending clinician, in consultation with others, will establish a plan to address the
child's immediate safety needs while the child is in DHB care.
Multi agency safety plan
As with all child abuse investigations, an important step is the joint investigation plan.
When children are in hospital as a result of non accidental injuries and serious neglect,
the joint investigation plan should include the convening of a medical case conference
between Police, Oranga Tamariki and the DHB.
The conference should ideally be held within 24 hours of a notification being received by
Oranga Tamariki. During the conference a multi-agency safety plan (MASP) should be
agreed detailing:
• names and contact details of those involved
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• names and roles of those who will be responsible for the child's care during their time
in hospital and how safety issues will be addressed including:
- supervision of contact with family during the hospital stay and after discharge
- place of safety warrant or other legal measures which may be required
• what and how support will be provided to the child and family
• how the health needs of the child will be addressed
• roles and responsibilities of the family and other agencies
• expected length of stay and planning for discharge
• health and rehabilitation needs after discharge
• management of risk to siblings and other children living in the home
• how monitoring and review will occur
• engagement with ACC and their involvement in rehabilitation planning.
The parties will maintain at least weekly contact to update each other about the child's
progress while they are in hospital. When necessary, the multi agency safety plan must
be reviewed.
Reviewing multi agency safety plans
Each agency must advise the others as soon as possible of:
• key events including clinical deterioration of the child
• episodes of violence or inappropriate behaviour by family
• changes in custody arrangements
• arrest or prosecution of an alleged offender
• acceptance of a claim by ACC
• plans for discharge.
A meeting to review the plan can be initiated by any of the key staff. If possible, any
visit by police to key DHB staff should be pre-arranged to ensure appropriate staff are
available.
Before the child’s discharge from hospital a meeting must be convened by a Oranga
Tamariki social worker to review and update the multi agency safety plan. The updated
plan must include:
• timing of discharge
• support required and available on discharge
• health and rehabilitation needs following discharge.
Medical information available to investigators
During the investigation, health practitioners should be able to provide information
and/or a report to Police/ Oranga Tamariki covering aspects of the
assessment/treatment of the child including:
• the child’s current condition and initial prognosis
• current treatment
• current medical opinion as to how and when the injuries occurred
• what radiographic imaging has taken place and what further imaging is to be carried
out, e.g. CT scans, MRI scans, skeletal X-rays, bone scan
• whether an ophthalmologist examined the child and if retinal images have been taken
• what diagnostic tests have been carried out to rule out other causes of the injuries
and their results
• what further tests are planned
• what samples have been obtained from the child e.g. pre-transfusion blood, urine
• details of medical and other staff coming into contact with the child
• if the hospital clinical photography department has obtained photographs of any
apparent external injuries to the child
• the child's previous hospital admissions and any known medical history
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• who is the child’s GP
• carers' initial response to the child becoming ill, any first aid given and how the child
was brought to hospital
• any explanations offered by carers to paramedics or medical staff.
Further information
See the aide-memoir / additional guidance on the
initial response for child/infant
homicides and non-accidental injuries on Crime Group’s intranet page.
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Charging offenders and considering bail
Determining appropriate charges
When laying charges in child abuse investigations consider the most appropriate charges
based on the admissible evidence available. Charging must always reflect the:
• seriousness of the offence
• essential nature of the offending
• admissible evidence.
It is important that you do not minimise child abuse and that charging is aimed at
making the offender accountable for their actions. Contact your supervisor, a legal
advisor, or Crown Solicitor in your district if you need advice in any case about charging
decisions.
For more information see:
•
Prosecution and other case resolutions in this chapter
• the Child protection -
'Mass allegation investigation' and
'Investigating online offences
against children' chapters
•
Charging decisions.
Child abuse investigations where the suspect/offender is a young person
For cases where the suspect or offender is a young person refer to the
Youth Justice
chapter.
DNA sampling when intending to charge
When intending to charge a suspect aged more than 14 years with a
relevant offence,
Police can request a DNA sample and detain the person for the period necessary to take
the sample. Intention to charge DNA samples can then be matched against the unsolved
crime scene database before prosecution case resolution (conviction or acquittal).
Follow the
DNA sampling procedures when taking 'intention to charge' DNA samples.
Relevant offences
Relevant offences are listed in part 1, 2 and 3 of the schedule to the
Criminal
Investigations (Bodily Samples ) Act 1995. They include all sexual offences, serious
assault, cruelty to a child, assault with a weapon, male assault female, sexual grooming
and offences punishable by a term of 7 years imprisonment or more. Assault on a child
is not a relevant offence.
Determine if the offence falls within s29 Victims' Rights Act
When laying charges, you must determine if the offence comes within section
29 of the
Victims' Rights Act 2002 as soon as practicable after coming into contact with a victim.
If it does, the victim must be informed (using the POL1065) of their right to be on the
victim notification register and to be notified about the
bail, release, escape and death of
an offender and accused.
The offence must be:
• one of sexual violation or other serious assault
• one that resulted in serious injury to a person, the death of a person or a person
being incapable, or
• one of another kind that has led to the victim having ongoing fears on reasonable
grounds:
- for their physical safety or security, or
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- for the physical safety or security of one or more members of their immediate
family.
Note that victims may also include a parent or legal guardian of a child or young person
unless that parent or guardian is charged with the commission of, or convicted or found
guilty of, or pleads guilty to, the offence concerned.
Bail for child abuse offending
The same bail considerations apply to persons charged in relation to child abuse
offending as for any person charged with an offence.
Note however, that you must
have the authority of a supervisor of or above the position level of Sergeant before
releasing a person charged with an offence against a child or young person on Police
bail.
See
Deciding whether to grant or oppose bail in the ‘Bail’ chapter when deciding whether
to grant Police bail and/or to oppose bail when the person appears in court (e.g. when
there are concerns that the person may commit further offending or fail to appear). Also
consider whether any of the restrictive Bail Act provisions apply. In all cases, the
paramount consideration is the safety and protection of the victim.
When granting Police bail, conditions must be set to reflect the victim's safety needs and
those of potential victims. If Police do not oppose bail, or it is clear the court is likely to
grant bail, seek appropriate bail conditions (e.g. non association with the victim or other
children) to help safeguard the victim. (See
Bail conditions in the ‘Bail’ chapter for more
information).
Victims views on bail
If the charges laid fall within section
29 of the Victims' Rights Act 2002, Police must
make all reasonable efforts to ensure the victim's views on the offender’s release on bail
are ascertained and provided to the court.
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Prosecution and other case resolutions
Options for resolving child abuse investigations
After a full investigation of the case, several options are available for case resolution
including (depending on the circumstances of the case):
• prosecution
• issue of a Police
formal warning for a minor assault
• diversion for minor offending (see
Adult diversion scheme policy)
• restorative justice
• filing of the case due to insufficient evidence
• no further action.
Deciding whether to prosecute
Prosecution action is an important element in holding offenders accountable for their
actions. However, the
Solicitor-General's Prosecution Guidelines require that
prosecutions are only brought where there is a reasonable prospect of conviction (the
'evidential test') and where a prosecution is in the public interest. Refer also to the
Charging decisions chapter.
Where there is sufficient evidence to establish a prima facie case, prosecution is the
preferred resolution for child abuse investigations unless the degree of force used is so
inconsequential that the intervention of the criminal law is not in the public interest.
Where criminal investigations are being conducted alongside
joint investigations under
the Child Protection Protocol Joint Operating Procedures, it may be appropriate to consult
with Oranga Tamariki before laying charges in minor cases.
The decision to commence prosecution action is ultimately one for Police. Where there is
sufficient evidence to commence prosecution, any decision not to do so must be made
after consultation with a supervisor.
Related information if case involves family violence
Refer t
o Prosecuting family violence for more information about prosecuting family
violence cases.
Matters to consider during prosecutions
Follow standard file preparation and prosecution procedures for:
• preparation of documents, depositions and testimony
• criminal disclosure – (see the
Criminal disclosure chapter)
• preparation of appropriately handled, packaged and presented exhibits
• preparation, handling and presentation of video evidence and testimony.
Disclosure of video records and transcripts
It is the court's expectation that a child victim’s evidence will normally be given by way
of video record, unless exceptional circumstances apply (see the
Specialist Child Witness
Interview Guide).
Section
106 Evidence Act 2006 and regulation
30 Evidence Regulations 2007 require
defence counsel to be given a copy of any video record being offered as an alternative
way of giving evidence, before the hearing of the matter, unless a judge directs
otherwise. For more information on the disclosure of video recorded interviews see
‘Disclosure of video interviews, transcripts and TASER data’ in the
Criminal disclosure
chapter.
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Preparing witness before court appearance
The prospect of having to give evidence in court is a daunting prospect for most people,
particularly children. The child should if possible, meet the prosecutor or Crown Solicitor
before the trial, be shown the courtroom, and given appropriate resource material to
assist with preparing for court. Resource material is available through the Court Victim
Advisor at your local district court.
See ‘Looking after witnesses’ in the
Criminal procedure - Trial stage chapter for advice
on briefing witnesses.
Privacy of victims in court
See the
Criminal procedure - Administration stage chapter for information on:
• when names, evidence and submissions are automatically suppressed or may be
suppressed on an application
• clearing courts.
Support of witnesses in court
Section
79 of the Evidence Act 2006 provides that a complainant or witness, while giving
evidence in court, may have a person with or near them to give support. The support
person’s name must be disclosed to all parties as soon as practicable. See the
Criminal
procedure - Trial stage chapter for information on supporting witnesses in court.
Preparing victim impact statements
See ‘Victim impact statements’ in the
Victims (Police service to victims) chapter.
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Responsibilities for victims
Victims may include parents and guardians
A victim is a child or young person:
• against whom an offence is committed by another person, or
• who through or by means of an offence committed by another person, suffers physical
injury, or loss of, or damage to, property.
Victims may also include a parent or legal guardian of a child or young person who falls
within the above criteria unless that parent or guardian is charged with the commission
of, or convicted, or found guilty of, or pleads guilty to, the offence concerned.
(s4 Victims Rights Act 2002)
Rights of victims
See the
Victims (Police service to victims) chapter for information about:
• responding to incidents involving victims
• treatment and rights of victims generally
• notification rights for victims of serious offences including the right to be registered in
the victim notification system
• obtaining and submitting victim impact statements.
Support after sexual violence
Up to $500 is available to help with emergency costs incurred immediately after a sexual
violence crime, e.g. replacing clothing, emergency accommodation and repairing or
replacing damaged property. Funding is also available for victims/survivors and an
unpaid support person to attend the trial. Grants can be applied for where any child has
been the subject of a sexual crime that occurred on or after 1st January 2010, whether
or not the matter proceeds to a prosecution, so long as the matter has been reported to
Police. These grants are not means tested. Further information is available from Victim
Support or on their website:
www.victimsupport.org.nz
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Final actions and case closure
Information to be provided to victim
Following prosecution, ensure the victim is advised of the result as soon as possible.
Also ensure that victims of serious offences (defined by
s29 Victims' Rights Act 2002)
have been advised of their rights (using POL 1065 in Police Forms) to be registered on
the Victim Notification Register and to be advised of bail conditions, and release dates
post conviction. See ‘Notification rights for victims of serious offences’ in the
Victims
(Police service to victims) chapter for more information.
Oranga Tamariki notification
If the investigation has been completed as a joint investigation under the CPP, Oranga
Tamariki must be advised of the outcome of the prosecution in writing and it must be
tabled at the monthly CPP meeting.
Sex offender/suspect notification
A "Sex Offender/Suspect Notification (*SOR)" (found in the e-mail 'Notifications' section
of the Bulletin Board) must be completed and submitted to the Modus Operandi section
at PNHQ for all investigations of sexual offences once suspects or offenders are
identified.
Return of exhibits
After the prosecution, the O/C case must:
• retrieve the exhibits from the court as soon as practicable after any appeal period,
and
• return property taken from victims as evidence, as soon as practicable after it is no
longer required for that purpose.
(s51 Victims Rights Act 2002)
However, sensitivity in the return or disposal of exhibits can be very important to
victims. Items of clothing may be damaged during trace evidence examination (e.g. for
forensic analysis, segments might be cut from the crutch area of trousers) and this
should be discussed with the victim or their parent or guardian before returning. Also
consider having clothing or bedding cleaned or appropriately dealt with before returning.
Where possible avoid returning items in labelled Police exhibit bags- there are boxes and
bags available through the Police procurement system.
Return and retention of video records
Once the court process is concluded, defence counsel must return their copy of the video
record to Police. The O/C case must ensure the lawyer’s copy is held by Police before the
matter is filed. (See regulation
31(2) and (3) of the Evidence Regulations 2007)
Destruction of master copies, working copies and other of video records
Subpart 4 of the Evidence Regulations 2007 list obligations relating to the destruction of
video records. Once master copies of video records are presented in court as an exhibit
they must be retained by the court and then destroyed 10 years after the date on which
the criminal proceeding is finally determined or discontinued.
All other tapes should be destroyed 7 years after the date on which the master copy was
made.
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File completion
Once Police resolution action is concluded, the Police file must be completed and filed as
soon as practicable.
The O/C case must ensure all case management processes are correctly recorded and
exhibits have been appropriately disposed of.
Child protection files must only be filed by level 4 child protection trained supervisors
who have authority from their District Crime Manager to do so. In most cases this
designated person will be the District Child Protection Coordinator, who is deemed as
having the required clear understanding of the nature and intricacies of this crime-type.
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Health and safety duties
Maximising safety and minimising risk
Maximising safety and eliminating or minimising risk at work is the responsibility of all
Police employees and persons engaged by Police to provide a service including
contractors and their employees, trainees, interns and volunteers. It is delivered through
meeting the obligations under the
Health and Safety at Work Act 2015 and Police safety
policies.
A key enabler is the application of the
TENR-Operational threat assessment in the
workplace.
The expectation of the Commissioner and the Act is that persons in the workplace will
take reasonable care to ensure that their acts or omissions do not adversely affect the
health and safety of other persons, comply as far as they are reasonably able to with any
reasonable instruction that is given in order to comply with the
Health and Safety at
Work Act 2015 or regulations under that Act. They will co-operate with any reasonable
policy or procedure relating to health or safety at the workplace that has been notified to
them and take immediate action to stop any perceived or potential breach of the act or if
impractical, immediately report the matter to a supervisor.
Health and safety should be an everyday conversation.
Relevant Police instructions include:
•
Hazard management
•
Health and safety
•
Wellness and safety
• these ‘Child protection investigation policy and procedures’ in relation to the safe
response to and investigation of reports to Police about child safety concerns.
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Child Protection Policy (overarching
policy)
Table of contents
This chapter contains these topics:
Summary
Background
Purpose of this Police Child Protection Policy
Who does this Child Protection Policy apply to?
Related child protection policies
Other related / relevant policies
Review requirements for this overarching Child Protection Policy
Policy principles
Definitions
Identifying and responding to abuse and neglect
Responding to and investigating reports of child safety concerns
Assessment of child safety at family violence and other incidents
Future referral options - Children’s Teams, ‘The Hub’, and ViKI
Safety checking of Police children’s workers
Who in Police are children’s workers?
Who is a core or non-core children’s worker?
What does a safety check involve?
-
New children’s workers
-
Existing children’s workers
-
Renewal of safety worker checks
-
Police vet
-
Clean Slate Act
When do Police employees have to complete a safety check?
How is operational flexibility is maintained with different safety checks?
What is a workforce restriction and how does this impact on a core children’s worker?
Other agency’ safety checking and policy requirements
Agencies contracted by Police
Police volunteers and observers
Allegations or concerns about Police employees
High standards of behaviour are expected
Investigation of concerns about employees
Information sharing and confidentiality
Information sharing
Confidentiality
Appendix - Child protection investigation policy and procedures
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Child Protection Policy (overarching
policy); continued…
Summary
This section contains these topics:
Background
Purpose of this Police Child Protection Policy
Who does this Child Protection Policy apply to?
Related child protection policies
Other related / relevant policies
Review requirements for this overarching Child Protection Policy
Background
The New Zealand government recognises that there are important social and economic
imperatives to improve the life outcomes of children and young people in New Zealand.
Approximately 9,000 children a year are born at risk in New Zealand and we have the
fifth worst child abuse and neglect rating of the 31 OECD countries.
New Zealand Police (Police) will work collaboratively with other agencies to ensure the
best outcomes for children and young people in New Zealand.
The
Children's Act 2014 (CA or the ‘Act’ and the associated agency
Children’s Action Plan
aims to improve the life outcomes of vulnerable children in our society. The Act tasks
children’s agencies, of which Police is one, with being responsive to and accountable for
Government priorities with respect to children. This includes protecting vulnerable
children from abuse and neglect and identifying and helping vulnerable children before
the greatest harm happens.
The Act also places significant focus on the workforce that works with children. It aims to
ensure that the children’s workforce is safe to work with children, is competent for the
work they undertake, and is aware of how child abuse and neglect presents and what to
do when they recognise it.
New initiatives introduced include guidelines on safer recruitment, new safety checking
requirements for people working with children, new core competencies for the children’s
workforce and a requirement that all children’s agencies have a child protection policy.
These obligations and the new government initiatives associated with them are focused
on protecting vulnerable children, and in particular protecting them from neglect and
abuse. These new obligations apply to Police.
More information
For more information about the Children’s Act, the Children’s Action Plan and other
associated initiatives, click
here. Purpose of this Police Child Protection Policy
This Police Child Protection Policy outlines the various policies that together comprise the
Police ‘Child Protection Policy’. It also provides an overview of the Police obligations
under the
Children's Act 2014 and outlines:
the
key principles that must be applied when making and acting on decisions
concerning child protection
how Police
identify and respond to child abuse and neglect, whether in response to
reports of concern to police or when police otherwise become aware of safety
concerns in the course of their duties
the
expectations of police working with children and how Police will respond to
allegations or concerns about staff
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Child Protection Policy (overarching
policy); continued…
Police responsibilities in relation to the
safety checking of its children’s workers, and
those of the
agencies and NGOs that it works with.
Who does this Child Protection Policy apply to?
The Police Child Protection Policy applies to any Police employee who comes into contact
with children or young people as part of their Police role.
Related child protection policies
This Child Protection Policy
is an overarching document and cannot be read in
isolation from other related Police child protection policies and operating
procedures, published for employees as chapters in the Police Manual.
Child protection investigation policy and procedures
This chapter details:
policy and principles guiding Police response to child safety concerns
-
including child abuse, neglect, and abuse arising from children being present in
unsafe environments
-
excluding child safety concerns arising from missing persons, truants, or child and
youth offenders. (See
Missing persons and
Youth justice chapters outlined below)
procedures for responding to and investigating reports to Police about child safety
concerns, including:
- initial actions and safety assessments
- consultation and joint investigation planning with Ministry for Children (Oranga
Tamariki)
- making referrals to Oranga Tamariki
- interviewing victims, witnesses and suspects
- medical forensic examinations
- evidence gathering and assessment
- hospital admissions for non-accidental injuries or neglect
- charging offenders and considering bail
- prosecution and other case resolutions
- responsibilities for victims
- final actions and case closure.
The Police Child protection investigation policy and procedures also outlines
requirements under the joint Child Protection Protocol agreed between Oranga Tamariki
and Police which:
defines the roles of each organisation and sets out the process for working together
when responding to situations of child abuse
ensures timely, coordinated and effective action by Oranga Tamariki and Police
sets out the process for working collaboratively at a local level, and as a formally
agreed national level document, applies to all Oranga Tamariki and Police employees.
Child protection – Investigating online offences against children
This chapter outlines procedures for investigating and/ or responding to online offences
against children including indecent communication with a young person under the age of
16, online grooming, and complaints about sextortion and sexting.
Child protection - Mass allegation investigation
This chapter outlines procedures for:
mass allegation investigations relating to the serious abuse of four or more children
by the same offender or connected group of offenders
managing allegations of abuse involving an adult working in or associated with an
education setting
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Child Protection Policy (overarching
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Child protection – Specialist accreditation, case management and assurance
This chapter details:
the specialist child protection tiered training and accreditation process within Police
guidelines for case management and maximum case assignment to Child Protection
Investigators of cases meeting the Child Protection Protocol: Joint Operating
Procedures
requirements for compliance monitoring of child protection investigations using the
Quality Assurance and Improvement Framework
matters to consider as part of the ongoing case process and case closure, that may
lead to child protection-related prevention or education opportunities
the roles and responsibilities of employees involved in child protection work within
Police.
Joint Standard Operating Procedures for Children and Young Persons in
Clandestine Laboratories
These are the agreed operating procedures between Oranga Tamariki and Police:
relating to any child or young person at risk from exposure to the illicit drug
manufacturing process or an environment where volatile, toxic, or flammable
chemicals have been used or stored for the purpose of manufacturing illicit drugs
setting out safe work practices and investigation techniques for both agencies.
Other related / relevant policies
These other
Police Manual chapters are also relevant to the Police child protection
policie
s above: Family violence policy and procedures
This chapter:
details policy and procedures for responding to and investigating family violence
occurrences, including those where serious offending is present
details requirements for collecting and assessing child risk information for children
present at or normally residing at the place where the incident occurred, and for
making reports of concern to Oranga Tamariki or for evaluation through the Family
Violence Interagency Referral (FVIARs) process.
Missing persons
This chapter details procedures for investigating reports of missing children, including
those missing from Oranga Tamariki care.
Youth justice
This chapter outlines youth justice procedures including referrals to Oranga Tamariki for
family group conferences which may be for the purpose of care and protection. It also
includes guidance for responding to truancy, and other child welfare issues such as
drunk or intoxicated children and young persons.
Parental control (section 59 Crimes Act)
This chapter provides guidance on the application of section 59 of the Crimes Act 1961
which prescribes the circumstances in which a parent may be justified in using force
against a child.
Adult sexual assault investigation (ASAI) policy and procedures
Applies to all cases where the victim of the alleged offending (male or female) is 18
years of age or older at the time of making the complaint.
Police volunteers
Detailed requirements for the management of and
vetting of persons acting as Police
volunteers.
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Child Protection Policy (overarching
policy); continued…
Police response to bullying of children and young people
Outlines how Police respond to reports of bullying of children and young people.
Review requirements for this overarching Child Protection Policy
This overarching ‘Child Protection Policy’ must be reviewed every two years or earlier as
required to ensure it is kept up to date with changes that may have been made to
related policies and procedures.
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Child Protection Policy (overarching
policy); continued…
Policy principles
These principles must be applied when making and acting on decisions concerning child
protection.
Description
Principle
The rights, welfare and safety of children are our first and paramount
consideration.
Rights of the child
Every child has the right to:
a safe and nurturing environment
live in families free from violence
protection from all forms of physical, sexual, emotional or
psychological abuse and neglect while in the care of
parent(s), legal guardian(s) or any other person who has
their care.
Prevention first
Police are focused on prevention first and are committed
to identifying and helping vulnerable children before harm
happens.
Police recognise the importance of early intervention and
the principle of applying the least intrusive intervention
necessary in a timely way to protect vulnerable children.
Working collaboratively
Police are committed to working with partner agencies and
organisations to prevent and reduce child abuse and
neglect
We will share information with relevant partner agencies
in a timely way and discuss concerns about an individual
child.
We will support our partner agencies and community
organisations to ensure child protection policies are
consistent and of high quality and comply with relevant
statutory responsibilities.
Our employees
All operational employees are expected to consider as a
matter of course the wellbeing of every child encountered
in the course of their duties and act to protect children
when they have concerns — this is not just the
responsibility of our specialist employees.
We will ensure our operational employees know their
statutory responsibilities to children regardless of the work
they are deployed to do.
Police will provide appropriate support for, and supervision
of, employees affected by child abuse or neglect.
Our values
The Police values of professionalism, respect, integrity,
commitment to Maori and the treaty, empathy, and
valuing diversity will be applied to all our child protection
work.
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Child Protection Policy (overarching
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Definitions
These definitions apply in this ‘Child Protection Policy’ and other
related child protection
policies. Term
Meaning
Child
Any child or young person aged under 18 years, and who is not
married or in a civil union.
Child abuse
Child abuse is defined in the Children, Young Persons and their
Families Act 1989 as the harming (whether physically, emotionally,
or sexually), ill-treatment, abuse, neglect, or deprivation of any
child or young person.
The following should be treated as child abuse:
physical, sexual, emotional or psychological abuse
neglect
presence in unsafe environments (e.g. locations for drug
manufacturing or supply)
cyber crime exploiting children
child trafficking.
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.
Child Protection Joint operating procedures agreed between Police and Oranga
Protocol (CPP)
Tamariki to clearly define the roles of each organisation and set out
the process for working together when responding to situations of
child abuse.
The requirements of this protocol are reflected in the ‘Child
protection investigation policy and procedures’ Police Manual
chapter.
Neglect
Neglect within the CPP context is when a person intentionally ill-
treats or neglects a child or causes or permits the child to be ill-
treated in a manner likely to cause the child actual bodily harm,
injury to health or any mental disorder or disability. The ill-
treatment or neglect must be serious, and avoidable.
For example:
not providing adequate food, shelter or clothing
not protecting a child from physical harm or danger
not accessing appropriate medical treatment or care
allowing a child to be exposed to the illicit drug manufacturing
process
allowing a child to be exposed to an environment where volatile,
toxic, or flammable chemicals have been used or stored.
Police volunteer Police volunteers are unpaid members of the community who are
recruited and trained for specific activities supporting the Police and
community. Volunteers work under the direction of a constable or
other Police employee at or from Police premises.
Priority child
Child risk information is collected on the Child Risk Factor (CRF)
risk factors
Form at all family violence incidents attended by police where
children are present or normally reside. Of the 20 child risk factors
on the CRF form, these three are identified as ‘priority risk factors’:
previous or current evidence of child abuse and / or neglect
basic needs of children not being appropriately addressed (e.g.
lack of food, nappies, heating, cleanliness)
breach of protection order or family court order or PSO.
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Child Protection Policy (overarching
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Physical abuse The actions of an offender that result in or could potentially result in
physical harm or injury being inflicted on a child. This can also be
known as a non-accidental injury (NAI).
See ‘Determining seriousness of physical abuse’ in the ‘Child
protection investigation policy and procedures’ chapter for detailed
guidance on how to determine whether physical abuse of a child is
“serious” physical abuse.
Sexual abuse
An act involving circumstances of indecency with, or sexual violation
of a child or using a child in the making of sexual imaging.
Vulnerable
Vulnerable children means children of the kind or kinds (that may
children
be or, as the case requires, have been and are currently) identified
as vulnerable in the setting of Government priorities under
section 7
of the Children’s Act 2014.
While this definition remains undetermined, an interim definition
from the White Paper is:
“Children who are at significant risk of harm to their wellbeing now
and into the future as a consequence of the environment in which
they are being raised and, in some cases, due to their own complex
needs. Environmental factors that influence child vulnerability
include not having their basic emotional, physical, social,
developmental and/or cultural needs met at home or in their wider
community.”
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Child Protection Policy (overarching
policy); continued…
Identifying and responding to abuse and neglect
This section contains these topics:
Responding to and investigating reports of child safety concerns
Assessment of child safety at family violence and other incidents
Future referral options - Children’s Teams, ‘The Hub’, and ViKI
Responding to and investigating reports of child safety concerns
The ‘Child protection investigation policy and procedures’ Police Manual chapter details:
key definitions o
f child abuse, neglect, physical abuse, and
sexual abuse
how to determine seriousness of physical abuse
procedures for responding to child abuse and neglect and investigating reports to
Police of child safety concerns, or when police otherwise become aware of safety
concerns in the course of their duties
referral procedures to Oranga Tamariki in the case of identified or suspected cases of
serious child abuse for consultation and joint investigation planning as per the joint
Child Protection Protocol.
(See a more detailed summary of the Police ‘Child protection investigation policy and
procedures’ in
Related child protection policies). The Child Protection Protocol sets out the way that Oranga Tamariki and Police will work
alongside each other in situations of serious child abuse. It is focused on clarifying the
roles and responsibilities of each organisation, and the process to be followed, to ensure
a prompt and effective response to cases of serious child abuse.
Cases of serious child abuse are primarily dealt with by specialist staff within Police.
However, all employees must be aware of child safety concerns and in every case act to
ensure a child’s immediate safety.
Assessment of child safety at family violence and other incidents
Police must collect and assess child risk information at all family violence incidents
attended when children are present or normally reside there. This child risk information
is used to give an indication of the potential harm or lethality for children living where
family violence is occurring.
If a child is assessed as being at risk of immediate serious harm, or serious child abuse
is identified or suspected, the Child Protection Protocol (CPP) applies and the procedures
outlined in the Child protection investigation policy and procedures chapter for referrals
to Oranga Tamariki, using the POL 350 must be followed. See ‘Making referrals to
Oranga Tamariki’ in the chapter).
If the Child Protection Protocol (CPP) does not apply but one or more of the
priority child
risk factors listed on the Child Risk Factor Form (POL 1313 – part of the family violence
formset) is identified, a report of concern is made to Oranga Tamariki using a POL 351
with a supervisor’s approval. In these situations, child risk information and other
information related to the family violence incident should also be evaluated by Area
Family Violence Coordinators for sharing with other agencies in the FVIARS process
(Family Violence Inter - Agency Response). (See also
Future referral options - Children’s
Teams, ‘The Hub’, and ViKI below).
A referral to Oranga Tamariki may also be made with a supervisor’s approval using a
POL 351
in any situation (family violence–related or other) when there are no priority
child risk factors present but the circumstances indicate potential risk to children.
More information
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Child Protection Policy (overarching
policy); continued…
For more detail about how to report child safety concerns when the Child Protection
Protocol (CPP) does not apply, and with what urgency, see ‘Child risk information and
Reports of Concern (ROC) to CYF’ in the ‘Family violence policy and procedures’.
Future referral options - Children’s Teams, ‘The Hub’, and ViKI
A number of initiatives targeting vulnerable children that do not currently meet the
threshold for direct Police and Oranga Tamariki interventions or access to services are
under development. These are outlined below.
Children’s Teams
In response to the identified risk issues that surround some children in New Zealand, the
government has undertaken to roll out Children’s Teams throughout the country in order
to target vulnerable children.
Ten Children’s Teams will be operational throughout the country by June 2016. These
teams generally align with the District Health Board borders and not necessarily with
Police District boundaries.
Police District
Children’s Teams (DHB area)
Northland
Whangarei
Counties Manukau
Clendon/Manurewa/Papakura
Waikato
Hamilton
Bay of Plenty
Rotorua, Eastern Bay of Plenty
Eastern
Tairawhiti
Central
Whanganui, Horowhenua
Tasman
Marlborough
Canterbury
Christchurch
Following the roll-out of the initial Ten Children’s Teams, a further 2 teams per year until
2020 are anticipated. Decisions on locations for new Children’s Teams are yet to be
made.
The ‘Hub’
‘The Hub’ is a contact centre being designed to support the Children’s Teams — it will
also act as a triage point for referrals made to it in regard to vulnerable children. It is
being created as a ‘proof of concept’ and will only support the Hamilton Children’s Team
initially. Following a trial period and evaluation, a decision will be made whether it is
expanded to support the other Children’s Teams.
Vulnerable Kids Information System (ViKI)
A separate IT system is being created to support ‘The Hub’ and the Children’s Teams.
The system, called the Vulnerable Kids Information System (ViKI), will also be rolled out
only to the Hamilton Children’s Team until it is proven.
The Children’s Teams, HUB and ViKI are designed to operate for vulnerable children (as
defined by the Act) below levels requiring statutory intervention by Police and CYF. It is
anticipated that when the intervention concepts have been proven, Police referral
processes outlined in the ‘Child protection investigation policy and procedures’ and
‘Family violence policy and procedures’ may be amended to distinguish between
vulnerable children and those that require Oranga Tamariki to act. Until then, our current
procedures will remain.
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Child Protection Policy (overarching
policy); continued…
Safety checking of Police children’s workers
This section contains these topics:
Who in Police are children’s workers?
Who is a core or non-core children’s worker?
What does a safety check involve?
-
New children’s workers
-
Existing children’s workers
-
Renewal of safety worker checks
-
Police vet
-
Clean Slate Act
When do Police employees have to complete a safety check?
How is operational flexibility is maintained with different safety checks?
What is a workforce restriction and how does this impact on a core children’s worker?
Part 3 of the Children’s Act requires people employed or engaged in work that involves
regular or overnight contact with children (children’s workers) to be safety checked.
Many Police employees (constabulary and non-constabulary) are children's workers.
Safety checking commenced for new core workers alongside other state sector
employees from 1 July 2015 and will commence for new non-core workers from 1 July
2016. Existing
core workers must be safety checked by 1 July 2018 and existing non-
core workers must be safety checked by 1 July 2019.
The type of safety check required depends on whether the person is
a core or
non-core
children’s worker, and if it is their first check under the VCA or a renewal.
Who in Police are children’s workers?
Police are children’s workers if their work
may or does involve contact with a child or
children, without the child’s parent or guardian being present.
That contact is any of the following kinds:
… and that contact is:
physical contact
overnight, or
oral communication, whether by person or
at least once each week, or
telephone
on at least four days each month.
communication through any electronic
medium, including by way of writing or
visual images
Police who are children’s workers, require a safety check.
Who is a core or non-core children’s worker?
If as a children’s worker, a Police employee is present with a child or children without a
parent or guardian present:
They are a ‘core’ children’s worker if
They are a ‘non-core’ children’s
they:
worker if they:
are the only person present, or
are
not the only person present, or
are the children’s worker who has
are
not the children’s worker who has
primary responsibility for, or authority
primary responsibility for, or authority
over the child or children.
over the child or children.
A core children’s worker safety check is
A non-core children’s worker safety check
required.
is required.
Examples of roles who are core children’s
An example of a role that is a non-core
workers are Custody Officers, Youth Aid
children’s worker is a Prosecutor.
constables, SOCO, and Detectives.
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Child Protection Policy (overarching
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See the Are you a Children’s Worker flowchart on the Police Intranet as a summary of
the above.
The core children’s worker definition will be applied widely within Police so all operational
Police employees who may be called upon in emergency situations are appropriately
safety checked to avoid breaching the requirements of the Act. Therefore operational
supervisory roles not usually having regular contact with children – such as a
Neighbourhood Policing Team Coordinator or an Area Manager: Response – will be
designated as core children’s workers. Non-operational positions designated as children's
workers will be identified in relevant position descriptions and appropriate checks
undertaken.
What does a safety check involve?
There are four components to a safety check under the Act. These safety checks apply to
all children’s workers. Employers must use all the information gathered in a safety
check to assess any risk that may be posed to the safety of children if the person is
appointed or engaged as a children’s worker.
The components to be completed depend on whether the person is
a new children's
worker or an
existing children's worker as at 1 July 2015, and then for
renewals once the
first safety check is done under the Act.
New children’s workers
These are the safety check components for new children’s workers.
Safety check
Details
component
1
Interview
Questions asked of an applicant during an interview to
assess any risks that may be posed to the safety of
children
2
Referee check
At least one referee contacted and asked about an
applicant to assess any risks that may be posed to the
safety of children
3
ID verification
An original primary document (e.g. passport or a full
birth certificate) plus a secondary document (e.g. a
driver’s licence), one which has a photo, verified in
person by a Police employee and recorded to confirm
identity
4
Police vet - Non-core
A standard
Police vet (subject to the
clean slate
scheme)
Police vet - Core
A standard
Police vet (subject to the
clean slate scheme
but including disclosure of any convictions for CA
specified offences
(Schedule 2 of the CA)
Existing children’s workers
These are the components of the first safety check of a person who was an existing
children’s worker on 1 July 2015.
Safety check
Details
component
1
ID verification
An original primary document (e.g. passport or a full
birth certificate) plus a secondary document (e.g. a
driver’s licence), one which has a photo, verified in
person by a Police employee and recorded to confirm
identity
2
Police vet - Non-core
A standard
Police vet (subject to the
clean slate
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Child Protection Policy (overarching
policy); continued…
scheme)
Police vet - Core
A standard
Police vet (subject to the
clean slate scheme
but including disclosure of any convictions for CA
specified offences
(Schedule 2 of the CA)
Renewal of safety worker checks
Safety checks must be renewed every 3 years. These are the components of safety
checks done for renewal.
Safety check
Details
component
1
ID verification
Only required if the person has changed their name
since their last safety check (identity check details as
for
existing workers above).
2
Police vet - Non-core
A standard
Police vet (subject to the
clean slate
scheme)
Police vet - Core
A standard
Police vet (subject to the
clean slate scheme
but including disclosure of any convictions for CA
specified offences (Schedule 2 of the CA)
Police vet
A standard Police vet comprises conviction history (which will highlight, if any, CA
specified offence convictions) and may include other information considered relevant
relating to convictions, active charges and warrants to arrest, charge history (where
charges may have been withdrawn, discharged, dismissed, the individual acquitted, or
otherwise disposed of), any interaction with Police in any context (including family
violence) whether or not charges result, and any information received or obtained by
Police for any purpose. Internal Police employee records may also be checked for
relevant information.
Clean Slate Act
The
Criminal Records (Clean Slate) Act 2004 will be applied to a Police vet, subject to
section
31(3) of the Children’s Act 2014 which requires any conviction for an offence
specified in the VCA to be disclosed for core children’s worker roles. This means that for
any employee or applicant who is an eligible individual under the clean slate scheme and
is:
a recruit, rejoin or a new employee (whether as a children’s worker or not), then any
conviction history will be revealed (because a Police applicant for employment is an
exception to clean slate scheme - see
s19(3)(d)(iii) Criminal Records (Clean Slate) Act
2004); or
an existing Police employee, then only convictions for CA specified offences will be
revealed.
When do Police employees have to complete a safety check?
This table focuses on the implementation of safety checks in Police. The components to
be completed depend on why and when the safety check is undertaken (see
What does a
safety check involve?). Once an initial safety check is completed, the Act requires safety
checks to be
renewed every three years.
When a safety check is
Components of a safety check
required
Interview
Referee
ID
Police vet
(After 1 July 2015)
check
confirmed Non-
Core
core
A recruit or rejoin
o
o
o
o
Employee new to Police
o
o
o
o
appointed to
a core worker
position
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Child Protection Policy (overarching
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Employee new to Police
o
o
o
o
appointed to
a non-core
worker position
From 1 July 2016
An existing Police employee
o
o
in
a core worker position
By 30 June 2018
An existing Police employee
o
o
in
a non-core worker
position
By 30 June 2019 Ongoing three-yearly check
o
for Police employee in a
non-core worker position
3 years from last check
Ongoing three-yearly check
o
for Police employee in a
core worker position
3 years from last check
An existing Police employee
o
o
o
o
who is not a children’s
worker as at 30 June 2015,
who is subsequently
appointed to
non-core
worker position
An existing Police employee
o
o
o
o
who is not a children’s
worker as at 30 June 2015
who is subsequently
appointed to
core worker
position
An existing Police employee
o
o
o
o
in
a non-core worker
position as at 30 June
2015, subsequently
appointed to core worker
position
How is operational flexibility is maintained with different safety checks?
The Act imposes a penalty if someone is performing in a children’s worker’ role without
the appropriate safety check. The penalty doesn’t apply if they are working in an
emergency situation; however this applies only for a maximum of five days and only in
an emergency. After that an appropriate safety check is required.
As the core functions of Police include maintaining public safety and emergency
management, the Commissioner must be able to quickly deploy operational staff in the
event of emergencies, such as flooding or earthquakes. Therefore the definition of core
children’s worker will be applied widely to all operational Police employees who may be
called upon in emergency situations that may involve them being on their own with
children.
What is a workforce restriction and how does this impact on a core
children’s worker?
From 1 July 2015 the Act introduces a restriction on people with certain criminal
convictions from working as a core children’s worker. The restrictions apply to
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Child Protection Policy (overarching
policy); continued…
convictions involving children and/or violent behaviour, including child abuse and sexual
offending. People with convictions for a CA specified offence
(Schedule 2 of the Act) will
need to seek an exemption from the workforce restriction if they wish to work as a core
children’s worker.
The core worker exemption process is administered by the Ministry of Social
Development. Details of the exemptions process can be found on the
children's action
plan website.
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Other agency’ safety checking and policy requirements
This section contains these topics:
Agencies contracted by Police
Police volunteers and observers
Agencies contracted by Police
Where Police enter into any agreement, contract or funding arrangement with an agency
providing
children’s services, there must be a clause included in the agreement or
contract requiring the agency to have a child protection policy and to complete children’s
worker safety checks as required by the Act.
Before referring any child to an agency for support or an intervention, and regardless of
who is funding the agency, Police must be satisfied that the agency has a child
protection policy and that the agency carries out worker safety checks of its children’s
workers as required by the Act.
Children’s services
Children's services are services provided to one or more children, and/or services
provided to adults that live with children and which will impact on the well being of one
or more children
(s15). Police volunteers and observers
Police volunteers must have a core or non-core children’s safety worker check as part of
their vetting if their work is likely to involve contact with children which if they were a
Police employee would require them to be safety checked. (See
Safety checking of
Police children’s workers). Observers who accompany Police during their duties in Police vehicles must be under
Police supervision at all times. As they do not undergo a full security checking process or
a children's worker safety check, they must not be left alone with children.
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Allegations or concerns about Police employees
This section contains these topics:
High standards of behaviour are expected
Investigation of concerns about employees
High standards of behaviour are expected
All Police employees have an obligation to:
act professionally, ethically and with integrity, and adhere to the standards of
behaviour set out in the Police Code of Conduct
challenge inappropriate behaviour at the time, if appropriate to do so
report instances of what they believe on reasonable grounds to be inappropriate
behaviour.
It is particularly important when we work with children that we engage with them
appropriately and act as good role models.
Investigation of concerns about employees
All allegations or concerns about the conduct of employees in relation to a child
protection matter or the way an employee has engaged with children must be:
investigated and responded to in a timely way in accordance with the Disciplinary
process
the safety of children and appropriateness of the employee continuing in that role
must be considered.
Where allegations of child abuse or neglect have been made involving employees:
the allegations must be investigated in accordance with the Child protection
investigation policy and procedures chapter and a report of concern made to the
Ministry for Children, Oranga Tamariki — these are automatically cases falling under
the Child Protection Protocol with Ministry for Children, Oranga Tamariki, and
action must be taken to ensure that the children involved are safe.
There may be an obligation to report the matter to the Independent Police Conduct
Authority in accordance with the Police investigations of complaints and notifiable
incidents policy.
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Information sharing and confidentiality
This section contains these topics:
Information sharing
Confidentiality
Information sharing
Police will share relevant information about identified or suspected child abuse or neglect
in a timely way with partner agencies, Children’s Teams and local providers of services
for children in accordance with:
the
Privacy Act 1993 (and particularly in accordance with Information Privacy Principle
11(e)(i))
the
Official Information Act 1982, and/ or
any Memorandum of Understanding between agencies; Information Sharing
Agreement; or Approved Information Sharing Agreement (AISA).
In addition Police will provide, on a consent basis, core worker Police vets to the
Children’s Act Exemptions Panel (administered by the Ministry of Social Development)
for exemption applicants.
Confidentiality
Police have access to confidential, sensitive and personal information. All employees
must comply with the standards outlined in the Code of Conduct and other policies for
the appropriate access to and use of confidential information.
Employees who are not sure if disclosure of child risk information is appropriate in a
particular situation should consult their manager who will if necessary seek further
advice.
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Appendix: Child protection
investigation policy and procedures
Table of contents (Appendix)
This chapter contains these topics:
Executive summary - policy and principles
The Police commitment to victims
Principles guiding Police practice
Summary of child abuse policies guiding Police practice
Overview
Purpose
Who do the investigation policy and procedures apply to?
Background
Related information
Definitions and assessing seriousness of abuse
Definitions
Determining seriousness of physical abuse
Policy and principles
Key processes in child abuse investigations
Case management links
Initial actions and safety assessment
Introduction
Procedure when a report of concern is received
Options for removing a child
-
Powers of removal
Managing children found in clandestine laboratories
Consultation and initial joint investigation planning with Oranga Tamariki
Consultation procedures
Initial joint investigation plans
-
Updating initial joint investigation plans
CPP meeting to discuss cases
Cases falling outside of the Child Protection Protocol Joint Operating Procedures
Making referrals to ORANGA TAMARIKI
Types of cases requiring referral to Oranga Tamariki
-
Flowchart
Referral process varies depending on case type
Referral of historic cases to Oranga Tamariki
Interviewing victims, witnesses and suspects
Interviewing children in child abuse investigations
Interviewing adult witnesses
Interviewing suspects
Medical forensic examinations
Primary objective of the examination
Timing of examinations
Arranging the medical
-
Specialist medical practitioners to conduct examinations
-
Support during the examination
Examination venues
Examination procedures
Photographing injuries
Evidence gathering and assessment
Police responsibility for criminal investigations
Crime scene examination
Consider all investigative opportunities
Exhibits
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Dealing with suspects
Ongoing evidence assessment
-
Care and protection concerns arising during investigation
Community disclosure of offender's information
Hospital admissions for non-accidental injuries or neglect
Introduction
Medical case conferences
-
DHB immediate management plan
Multi agency safety plan
-
Reviewing multi agency safety plans
Medical information available to investigators
Further information
Charging offenders and considering bail
Determining appropriate charges
DNA sampling when intending to charge
-
Relevant offences
Determine if the offence falls within s29 Victims' Rights Act
Bail for child abuse offending
-
Victims views on bail
Prosecution and other case resolutions
Options for resolving child abuse investigations
Deciding whether to prosecute
-
Related information if case involves family violence
Matters to consider during prosecutions
Disclosure of video records and transcripts
Preparing witness before court appearance
Privacy of victims in court
Support of witnesses in court
Preparing victim impact statements
Responsibilities for victims
Victims may include parents and guardians
Rights of victims
Support after sexual violence
Final actions and case closure
Information to be provided to victim
Oranga Tamariki notification
Sex offender/suspect notification
Return of exhibits
Return and retention of video records
-
Destruction of master copies, working copies and other of video records
File completion
Health and safety duties
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Executive summary – policy and principles
This section contains these topics:
The Police commitment to victims
Principles guiding Police practice
Summary of child abuse policies guiding Police practice
The Police commitment to victims
Police will assess all reports of child safety concerns received and:
take immediate steps to secure the child’s safety and well being. This is the first and
paramount consideration including identifying and seeking support from family
members and others who can help
intervene to ensure the child’s rights and interests are safeguarded
investigate all reports of child abuse in
a child centred timeframe, using a multi-
agency approach
take effective action against offenders so they can be held accountable
strive to better understand the needs of victims
keep victims and/or their families fully informed during investigations with timely and
accurate information as required by
s12 of the Victims Rights Act 2002.
Principles guiding Police practice
These principles must be applied when responding to reports of child safety concerns.
Description
Principles
Rights of the
Every child has the right to a safe and nurturing environment.
child
Every child has the right to live in families free from violence.
Every child has the right to protection from all forms of physical
or mental violence, injury or abuse, neglect, or negligent
treatment, maltreatment or exploitation, including sexual abuse,
while in the care of parent(s), legal guardian(s) or any other
person who has the care of the child (see Article 19(1) of the
United Nations Convention on the Rights of the Child 1989)
Every child has the right to protection from all forms of sexual
exploitation and sexual abuse, in particular:
- the inducement or coercion of a child to engage in any
unlawful sexual activity
- the exploitative use of children in prostitution or other
unlawful sexual practices
- the exploitative use of children in pornographic performances
and materials
(see Article 34 of the United Nations Convention on the Rights
of the Child 1989).
Accountability
Child abuse, in many of its forms, is a criminal act which will be
thoroughly investigated and the offender(s) held to account,
wherever possible.
Working
Police will adopt a proactive multi-agency approach to prevent
collaboratively
and reduce child abuse through well developed strategic
partnerships, collaboration and cooperation between policing
jurisdictions, government and non government agencies.
Police will maintain integrated and coordinated information
gathering and intelligence sharing methods locally, nationally
and internationally.
Service delivery
Police will make use of new technology and other innovations
allowing them to work faster and smarter in response to child
abuse.
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Summary of child abuse policies guiding Police practice
This table summarises specific Police policies relating to reports of child safety concerns
and the investigation of child abuse.
Practice
Policies and/or responsibilities
relating to…
Victims
All obligations under the
Victims Rights Act 2002 must be met
and all victim contact must be recorded.
Victims must be given information about the progress of their
investigation within 21 days.
Victims must be kept updated and informed of the outcome of
the investigation, including no further avenues of enquiry or the
reason for charges not being laid.
As soon as the offender is arrested and charged, Police must:
- determine whether it is
a s29 offence, and if so
- inform the victim of their right to register on the Victim
Notification System (if they wish to do so).
Victims must be informed of the outcome of the case and the
case closure. Any property belonging to the victim must be
returned promptly.
Investigations
All reports of child safety concerns must be thoroughly
investigated in accordance with this chapter.
All reports of child abuse made by children must be thoroughly
investigated in accordance with this chapter, even if the child
recants or parents or care givers are reluctant to continue.
Police must take immediate steps to ensure the safety of any
child who is the subject of a report of concern or is present in
unsafe environments, including family violence.
All reports of historic child abuse should be investigated in
accordance with the Adult sexual assault investigation policy and
procedures and may include early consultation with child
protection investigators and Oranga Tamariki.
All child abuse investigations must be managed in accordance
with the case management business process.
All referrals made under the Child Protection Protocol Joint
Operating Procedures (CPP) must comply with the protocol.
Oranga Tamariki inquiries do not negate the need for Police to
conduct its own investigations into alleged child abuse.
Interviews of a child must be conducted in accordance with the
Specialist Child Witness Interview Guide, by a trained specialist
child witness interviewer and comply with the
Evidence
Regulations 2007.
Investigators
Investigators on child protection teams should be exclusively
focused on child abuse investigations. Where circumstances
require it, investigators on
Child Protection Teams must only
work on non-child protection matters for the shortest duration
possible.
Investigators must consider the possibility of the suspect
continuing to offend against any child during the course of the
investigation and take appropriate action to mitigate the risk.
Investigators of child abuse must be trained investigators (see
‘Child protection tiered training and accreditation’ in the ‘Child
protection – Specialist accreditation, case management and
assurance’ chapter).
Where investigators are uniform attachments they may only be
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the O/C (file holder/lead investigator) for physical assault cases
where the maximum penalty is no more than 5 years
imprisonment. The investigation of such cases must be under
the direction/supervision of a level 3 qualified investigator or a
level 4 qualified supervisor. They must not hold any sexual
offending files.
All child protection investigators must comply with the Wellcheck
support policy. Child protection investigators may, from time to
time, for personal or organisational reasons, need to be moved
out of investigating child abuse and into more general areas of
policing.
File
All reports of child safety concerns must be recorded in NIA with
management
a 6C incident code in addition to the appropriate offence code
when an offence has clearly been identified.
All information must be recorded in accordance with the National
Recording Standards (NRS).
All child abuse cases must be:
- managed using the NIA case management functionality
- categorised in NIA case management as “2 Critical.”
All reports of concern must only be filed by a level 4 CP trained
substantive Detective Senior Sergeant (or substantive Detective
Sergeant in relieving capacity) who has also received operational
sign off from the District Crime Manager. In most instances filing
will be completed by the District Child Protection Co-ordinator
following review by the CPT supervisor.
Oversight and
As per Quality Assurance and Improvement Framework (QAIF):
Monitoring
supervisors of child protection investigators must review one file
from each child protection investigator every four months with
the results reported back to the individuals and District CP
Coordinator.
District CP Coordinators and/or District Crime Managers must
review cases from a list provided every four months by PNHQ
with the results reported back to supervisors and the Manager
Sexual Violence and Child Protection Team
the Manager Sexual Violence and Child Protection Team must:
- review a sample of files from every district on a yearly basis
with results reported to districts and the Police Executive
- ensure that districts comply with the audit and assurance
framework and report to districts and the Police Executive on
a quarterly basis.
Training
The Training Service Centre and the National Sexual Violence and
Child Protection Team must provide the means for:
all employees to understand child abuse and neglect
investigators to gain the necessary skills and knowledge to
conduct child protection investigations
specialist child witness interviewers to gain the necessary skills
and knowledge to conduct child interviews.
Local Level
Local Level Service Agreements must only address local service
Service
delivery matters particular to the districts or area that are not
Agreements
already covered by the CPP.
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Appendix: Child protection
investigation policy and procedures;
continued…
Overview
This section contains these topics:
Purpose
Who do the investigation policy and procedures apply to?
Background
Related information
Purpose
This Police Manual chapter details:
policy and principles guiding Police response to
child safety concerns:
-
including child abuse, neglect, online offending against children, and abuse arising
from children being present in unsafe environments
-
excluding child safety concerns arising from missing persons, truants, or child and
youth offenders. See the Missing persons and Youth justice chapters for procedures
in these areas
procedures for responding to and investigating reports to Police about child safety
concerns.
These policies and procedures are designed to ensure timely, coordinated and effective
action in response to information about child safety concerns so that children are kept
safe, offenders are held accountable wherever possible, and child victimisation is
reduced.
Related child protection policies and procedures
These related child protection chapters detail further policies and procedures around
specific aspects of Police child protection work:
Child Protection Policy (overarching policy) - outlines the various policies that together
comprise the Police ‘Child Protection Policy’ and provides an overview of our
obligations under the
Vulnerable Children Act 2014
Child protection – Mass allegation investigation
Child protection – Investigating online offences against children
Child protection – Specialist accreditation, case management and assurance
Child Protection Protocol: Joint operating Procedures (CPP) – between Police and
Ministry of Vulnerable Children (Oranga Tamariki)
Who do the investigation policy and procedures apply to?
These ‘Child protection investigation policy and procedures’ apply to all cases where the
victim is under the age of 18 at the time of making the complaint.
Follow the Adult sexual assault investigation policy and procedures in cases of sexual
abuse where the victim is 18 years of age or older at the time of making the complaint.
Exceptions
Many cases have individual circumstances warranting different approaches to achieve
the most favourable outcomes for victims. There may be situations where adult victims
will be dealt with according to these procedures, depending on the nature and
circumstances of the victim and the offending — e.g. an adult victim with intellectual
disabilities being forensically interviewed as a child.
Investigations into reports of
historic child abuse, i.e. reports by an adult victim of
child abuse that occurred against them when they were a child:
should be conducted in accordance with Adult sexual assault investigation policy and
procedures
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should include early consultation with specialist child protection investigators and
Oranga Tamariki to consider other children who may be at risk, any relevant history
and potential for other related offending by the offender
may still require referral to Oranga Tamariki (see
Referral of historic cases to Oranga
Tamariki for further information).
Background
Children are one of the most vulnerable members of the community. It is well recognised
that child abuse has a devastating effect on the development and growth of a child.
Children exposed to child abuse are more likely than other children to grow up to be
victims of violence, to perpetrate violence or be involved in other criminal offending.
Child abuse is a crime that often goes unreported with some child victims simply unable
to make a complaint against the offender. Child abuse is commonly found within a family
setting. Even if a child is capable of making a complaint, the pressures of the family
dynamic will often prevent them from doing so in the first instance, or persisting with the
complaint if one is made.
Child safety is a critical issue and the investigation of child abuse is given a high priority
by Police. Police has adopted a broad approach to child safety to ensure no child falls
through the cracks and is committed to a prompt, effective and nationally consistent
response to child safety, in conjunction with other agencies and community partners.
The use of formal processes ensures all the elements of good child protection practice
are applied.
Initial information about child safety concerns may come from a range of sources and
only rarely will the initial notification come directly from the child. Most often the report
comes through Oranga Tamariki.
When a report of concern is received, the safety and well being of the child is the first
and paramount consideration. Police cannot achieve this on its’ own or in isolation from
other partner agencies. An inter-agency approach is necessary to ensure the child’s
protection, enhance the accountability of the offender, and to enhance the child’s partial
or full reintegration into the family where appropriate.
There are subtle differences between investigating reports of child safety concerns and
other criminal enquiries. Most notable is the power imbalance between the child and the
offender, and the subsequent impact and consequences of abuse on the victim.
Family violence cases
The effect of exposure to family violence on children has a significant and negative
effect, whether they witness it, or are direct victims of it.1
For CPP cases where the abuse has occurred within a family or whānau context2 it is
important to refer cases to the appropriate family violence multi-agency forum3 for
consideration. For Police, the CP Team must advise their District/Area Family Violence
Coordinator or equivalent of any CPP cases considered to be family violence. Do this by
entering a tasking to the District Family Violence Coordinator bringing the CPP file to
their attention.
1 Joint Findings of Coroner C D na Nagara as to Comments and Recommendations – Flaxmere Suicides, 6 May 2016.
2 The parties involved in the situation are family members. Family members include people such as parents, children,
extended family and whānau. They do not need to live at the same address.
3 Currently this is the Family Violence Interagency Response System (FVIARS).
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When working with families who have experienced family violence, staff Oranga Tamariki
should consider and assess the cumulative effect of psychological harm, including the
current impact of past and/or present violence. This includes assessment of prior reports
of concern which did not meet the threshold for further action to be taken. This is
important as the physical and psychological consequences are highly individualised and
can vary from intense and immediate, to cumulative and long lasting. Research
demonstrates that children living with violence in their families are at increased risk of
experiencing physical or sexual abuse.4
Calls to Police to intervene in family violence represent a vital opportunity for police to
consider and make appropriate referrals to ensure effective child protection.
Impact on Maori
Maori are significantly over represented as victims and perpetrators of child abuse and
family violence. Given this over-representation, it is extremely important that Police
focus resources and effort effectively for prevention and the investigation of cases. Maori
service providers and whänau should be engaged wherever possible to provide additional
support. In addition, all districts have Iwi Liaison Officers who should be used when
dealing with child safety concerns. Each District, and some Areas, also have Maori
Advisory Boards who can assist with identifying service providers and engaging whänau
for additional support. This will be easier if the iwi/hapu affiliations of children and their
families are ascertained.
Non-indigenous cultural considerations
Nowadays, 1 in 5 New Zealand residents is born overseas. When immigrants settle in
New Zealand they bring with them diverse cultural and religious backgrounds that can
affect the way violence manifests and create barriers to seeking help. Those
backgrounds can include direct and indirect exposure to the ideology and practice of
Female Genital Mutilation (FGM) and under-age marriage.
Related information
This chapter should be read in conjunction with the Child Protection Protocol: Joint
Operating Procedures (agreed between Police and Oranga Tamariki) and the Family
violence policy and procedures.
Other related information includes:
Police safety orders
Protection and property-related orders
Adult sexual assault investigation policy and procedures
Police response to bullying of children and young people
Forced and under age marriage
Multi-agency Statement on a Collaborative Response to Potential and Actual Forced
Marriage
United Nations Convention on the Rights of the Child (UNCROC)
Objectionable publications (includes guidance on ‘Indecent communication with a
young person’
Wellcheck Support Policy
Prevention and Reduction of Family Violence - An Australasian Policing Strategy
4 Farmer, E. & Pollack, S. (1998).
Substitute Care for Sexually Abused and Abusing Children. Chichester: Wiley;
Edleson, J. (1999). Children witnessing of adult domestic violence.
Journal of Interpersonal Violence, 14(4)839-70;
Cawson, P. (2002) Child Maltreatment in the Family: The Experience of a National Sample of Young People. In C. Humphreys,
& N. Stanley (eds) (2006)
Domestic Violence and Child Protection: Directions for Good Practice. Jessica Kingsley:
London.
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Definitions and assessing seriousness of abuse
This section contains these topics:
Definitions
Determining seriousness of physical abuse
Definitions
This table outlines the meanings of terms used in this chapter.
Term
Meaning
6C Incident code
Any report of concern received by Police where a child is the
victim.
Acute child abuse Child abuse occurring less than 7 days before it was reported.
Adult
A person aged 18 years or older.
Case
An investigation plan describes the investigation process. It
investigation plan translates the objectives from the Terms of Reference into a
plan that sets out roles, responsibilities, timeframes, principal
activities, critical decision points and objectives for any
investigation.
Child
Unless specified, ‘child’ means any child or young person under
the age of 18 years at the time of their referral but does not
include any person who is or has been married (or in a civil
union).
Child abuse
Child abuse is defined in the Children, Young Persons and their
Families Act 1989 as the harming (whether physically,
emotionally, or sexually), ill-treatment, abuse, neglect, or
deprivation of any child or young person.
If the victim is a child and one or more of the following exist,
the report of concern should be treated as child abuse:
physical, sexual, emotional or psychological abuse
neglect
presence in unsafe environments (e.g. locations for drug
manufacturing or supply)
cyber crime exploiting children
child trafficking.
Child centred
Child centred timeframes are timeframes that are relevant to
timeframes
the child’s age and cognitive development.
Child protection
Trained investigators, often in remote or rural locations,
portfolio holders
responsible for investigating reports of concern about child
safety. These investigators are not exclusively focussed on child
protection and may be called upon to investigate other serious
crime in the location.
Child safety
Child safety concerns include offences or suspected offences
concerns
relating to the physical, sexual, emotional abuse or neglect of a
child. These categories overlap and a child in need of protection
frequently suffers more than one type of abuse.
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CPP
The CPP exists to ensure timely, coordinated and effective action
(Child Protection
by Child, Youth and Family and Police so that:
Protocol Joint
children are kept safe
Operating
offenders are held to account wherever possible
Procedures)
child victimisation is reduced.
The CPP sets out the process for working collaboratively at the
local level, and as a formally agreed national level document, it
will be followed by all Child, Youth and Family and Police staff.
CPP case
An agreed case between Police and Oranga Tamariki of child
abuse being investigated in accordance with the CPP.
CPP case list
A complete list of all CPP cases that are open to either Child,
Youth and Family, Police or both. This list is generated by Child,
Youth and Family using the Te Pakoro Report 100 CPP Case List.
This list is reviewed at least monthly during the CPP meetings.
CPP contact
The Child, Youth and Family staff member with responsibility for
person (Oranga
overseeing CPP cases in a site.
Tamariki)
CPT
A Child Protection Team (CPT) is exclusively focussed on
(Child Protection
responding to reports of child safety concerns. A CPT is made
Team)
up of trained investigators reporting to a supervisor.
Oranga Tamariki
Child, Youth and Family
Child, Youth and
These are the categories used by Oranga Tamariki.
Family
Category
The child or young person is…
timeframes
Critical
No safety or care identified; mokopuna is at risk
24hrs
of serious harm, and requires immediate
involvement to establish safety.
Very urgent At risk of serious harm but has some protective
48hrs
factors present for the next 48 hours. However,
as the present situation and/or need is likely to
change, high priority follow up is required.
Urgent
At risk of harm or neglect and the
7 days
circumstances are likely to negatively impact on
mokopuna. Options of safety and supports have
been explored but remain unmet. Vulnerability
and pattern exists which limits the protective
factors.
Emotional abuse
Emotional abuse is the persistent emotional ill treatment of a
child, which causes severe and persistent effects on the child’s
emotional development.
Harm
Ill treatment or the impairment of health or development,
including impairment suffered from seeing or hearing the ill
treatment of another.
Historic child
Reports by an adult victim o
f child abuse that occurred against
abuse
them when they were a child and they are over 18 at time of
reporting the abuse. (Adult Sexual Assault procedures apply)
Initial joint
An initial plan jointly created by Child, Youth and Family and
investigation plan Police to record agreed actions on the agreed template.
(IJIP)
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Iwi, Pacific and
Police employee, usually (but not always) a constable, with
Ethnic Liaison
indigenous and/or ethnic language and cultural skills,
Officers
responsible for managing relationships between Police and
Maori, Pacific and Ethnic communities.
Neglect
Neglect within the CPP context is when a person intentionally ill-
treats or neglects a child or causes or permits the child to be ill-
treated in a manner likely to cause the child actual bodily harm,
injury to health or any mental disorder or disability. The ill-
treatment or neglect must be serious, and avoidable.
For example:
not providing adequate food, shelter or clothing
not protecting a child from physical harm or danger
not accessing appropriate medical treatment or care[1]
allowing a child to be exposed to the illicit drug
manufacturing process
allowing a child to be exposed to an environment where
volatile, toxic, or flammable chemicals have been used or
stored.
Physical abuse
The actions of an offender that result in or could potentially
result in physical harm or injury being inflicted on a child. This
can also be known as a non-accidental injury (NAI). The test for
seriousness is determined by considering the action, the injury
and the circumstances (see
Determining seriousness of physical
abuse below).
Psychological
A person psychologically abuses a child if they:
abuse
cause or allow the child to see or hear the physical, sexual, or
psychological abuse of a person with whom the child has a
domestic relationship, or
puts the child, or allows the child to be put, at real risk of
seeing or hearing that abuse occurring.
(s3 Domestic Violence Act 1995)
Note: The person who suffers the abuse is not regarded (for the
purposes of
s3(3)) as having:
caused or allowed the child to see or hear the abuse, or
put the child, or allowed the child to be put, at risk of seeing
or hearing the abuse.
Sexual abuse
Sexual abuse is an act involving circumstances of indecency
with, or sexual violation of, a child, or using a child in the
making of sexual imaging.
Specialist child
A recorded interview that can be used as part of an investigation
witness interview where a child has, or may have been, abused or witnessed a
(SCWI)
serious crime. It may later be used as evidence in the Court.
Victim
A person against whom an offence is committed by another
person. A victim may also include a parent or legal guardian of a
child or young person.
Determining seriousness of physical abuse
There are three areas to consider in determining whether physical abuse meets the
threshold for referral as a CPP case:
1. the action (of the abuse)
2. the injury inflicted (outcome or result)
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3. the circumstances (factors in the case).
Any single action and/or injury listed below will
meet the threshold for referral as a CPP
case.
Any of these actions (methodology, how it was done) blow or kick to head
shaking of an infant
strangulation
use of an object as a weapon (e.g. broom, belt, bat etc)
attempted drowning.
OR
Any of these injuries (outcome or result)
a bone fracture
burn
concussion or loss of consciousness
any injury that requires medical attention
any bruising or abrasion when the:
- child is very young, e.g. infant not yet mobile and/or,
- the position and patterning make it unlikely to be caused by play or another child
or accident.
Circumstances or factors of the case
Where the initial action or injury does not meet the threshold outlined above, the
following circumstances or factors may warrant referral as a CPP case.
Factor / background
Consider …
The vulnerability of the
especially:
child
children under 5 years
age and vulnerability of pre-pubescent children
disabilities in any age
More than one offender
for example:
both parents/caregivers
multiple family members
History of abuse
other incidents of concern, escalation of abuse
multiple previous similar events
previous non-accidental death of a sibling or child in
household
abuse undertaken in public or in front of non-relatives.
A high degree of
a complete loss of control by the offender, such as a
violence
frenzied attack
enhanced maliciousness or cruelty in the abuse
the degree in relation to age and vulnerability of the
victim
The offender's history
severe and frequent family violence
and background
serious or extended criminal history
Location of the incident
for example:
educational, care, or health facility
Nature and level of
notifier witnessed abuse
concern from the
notifier’s source
notifier
professional opinion indicates serious concern.
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Key processes in child abuse investigations
Case management links
This table aligns the case management process steps that apply to Police investigations
generally and provides links to relevant information and requirements in these
procedures, specific to child abuse investigations.
Not all steps will apply in every case and the order may vary depending on the individual
circumstances.
Process
Case management action
Related procedures in this or in
step
other Police Manual chapters
Step 1
Record incident, event or
occurrence
Details are recorded into the Police
computer system and a case
created.
All reports of child safety concerns
must be recorded in NIA with the 6C
incident code in
addition to the
appropriate offence code when an
offence has clearly been identified.
Step 2
Initial attendance
Initial actions and safety
Police respond to the report,
assessment
enquiries commence, evidence is
- immediate actions (e.g.
gathered or other action taken as
removal) to ensure the child’s
necessary.
safety
- managing children found in
clandestine laboratories (joint
operating procedures with
Oranga Tamariki)
Consultation and initial joint
investigation planning with
Oranga Tamariki
Making referrals to Oranga
Tamariki
After initial assessment,
referring cases to Oranga
Tamariki to agree future actions
and priority.
Step 3
Gather and process forensics
Medical forensic examinations
Detailed scientific scene examination
Evidence gathering and
is conducted. Forensic evidence is
assessment
gathered and analysed, and its
relevance recorded and assessed.
Step 4
Assess and link case
Consider the application of
Initial assessment and review of all
procedures in the Child protection -
available information. Other related
'Mass allegation investigation' and
or relevant cases are identified.
'Investigating online offences
Cases are closed (filed, or
against children' chapters.
inactivated) or forwarded to
appropriate work groups for further
investigation.
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Step 5
Prioritise case
Consultation and joint
Cases identified for further
investigation planning with
investigation are assigned a case
Oranga Tamariki
priority rating score based on crime
Making referrals to Oranga
type and the presence of factors
Tamariki
affecting the need for urgent
After an initial assessment of the
investigation.
case, cases are referred to
Oranga Tamariki for consultation
All child abuse cases are recorded as
and to agree future actions and
“2. Critical” under NIA Case
priority.
Management.
Step 6
Investigate case
Interviewing victims and
Initial investigation is conducted to
witnesses
bring the case to a point where a
Medical forensic examinations
suspect can be identified and all
Evidence gathering and
preliminary enquiries necessary
assessment
before interviews are complete.
Consider appropriate strategies
for mass allegations and online
offending investigations
Interviewing suspects
Step 7
Resolution decision/action
Charging offenders and
Deciding on formal or informal
considering bail
sanctions, prosecution or other
Prosecution and other case
action, confirming the
resolutions
appropriateness of charges and
offender handling and custody suite
actions.
Step 8
Prepare case
Prosecution file and trial
Court files are prepared, permission
preparation
to charge obtained from supervisor
Criminal disclosure
and actions such as disclosure
completed.
Step 9
Court process
Criminal procedure - Review
Where a not guilty plea is entered, a
stage (CMM process)
case management memorandum
and case review hearing occurs
before trial (judge alone - categories
2 & 3, or trial by jury - categories 3
& 4).
Step 10
Case disposal and/or filing
Final actions and case closure
Occurs when a case will be subject
‘Prevention opportunities and
to no further action because all
responsibilities’ in the ‘Specialist
reasonable lines of enquiry have
accreditation, case management
been exhausted without result or the
and assurance’ chapter)
matter has proceeded to a resolution
in the court system or by alternative
action. As per the tiered training
model only Level 4 trained staff can
file CP cases.
All steps
Responsibilities for victims
Consider Police responsibilities
for victims throughout the
investigation.
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Initial actions and safety assessment
This section contains these topics:
Introduction
Procedure when a report of concern is received
Options for removing a child
-
Powers of removal
Managing children found in clandestine laboratories
Introduction
Police receive reports of child safety concerns through a variety of reporting channels,
such as telephone calls to Communications Centres, the watchhouse counter, or police
become concerned when attending an incident. In every case, the priority is to ensure
the child's immediate safety. You should also ensure that your local
CPP contact is
notified as soon as practicable.
Procedure when a report of concern is received
Follow these steps when initially responding to reports of child safety concerns.
Step
Action
1
Obtain brief details of what the reported concern is about to enable a risk
assessment to be completed to determine the appropriate initial response.
This should include:
personal details of the informant, complainant and/or the child
brief circumstances of concern/complaint
brief details of timings and about the scene
offender's details.
Do not question the child in depth at this stage.
If the child has disclosed sexual or physical assaults to an adult, take this
person’s details and use what they say to form the basis of information for
the notification.
DO NOT ask the child again what has happened to them if
a clear disclosure has already been made and an adult present can give
you the information.
If it is unclear what the child has said
and:
- there are no urgent safety issues,
DO NOT question the child any
further. Take details from the informant and forward necessary
correspondence for enquiries to be made
- it is absolutely necessary to speak to the child to ascertain their safety,
ask open ended questions, e.g. "Tell me what happened?" "When did
that happen?"
DO NOT continue to question the child if it becomes clear
while speaking to them that an offence has occurred.
2
Consider if there are immediate concerns for the child’s care or safety
requiring immediate intervention. (Family violence information may be
relevant to determining the risk). Determine the appropriate action to ensure
immediate safety, e.g.:
arrest if there is sufficient evidence of an offence and remove the offender
from the home
if there is insufficient evidence to arrest and charge the offender, consider
issuing a Police safety order which would remove the person
removal of the child (see
Options for removing a child below)
manage children found in clandestine laboratories.
If the report is received at a watchhouse, immediately contact a supervisor or
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child protection investigator to determine what intervention is required.
3
Consider whether Iwi, Pacific or Ethnic Liaison Officers attendance could be
beneficial.
4
Record details of the case in NIA. Regardless of any other offence/response
code used,
Code 6C must be entered in NIA to indicate that the attendance
related to a report of concern about a child.
5
If the situation does not require immediate intervention:
complete a CPP referral form (POL 350 in Police Forms> Child Protection)
and email to [email address] and your local
Police CPP contact for
further investigation (use CPP email address). This referral should be
completed by the attending officer before going off duty on the day of the
report
follow the Family violence policy and procedures if family violence was
involved.
6
Take necessary initial actions relating to criminal investigations to:
preserve crime scene and physical evidence where relevant
secure witnesses
locate and detain suspected offenders.
7
When circumstances permit, provide parents and caregivers with a copy of the
pamphlet
'When Police visit about your child's safety'. This provides
information about why Police are talking to them, what happens next, what
will happen with a case and who they can contact for further information.
Options for removing a child
Remove a child when:
it is not safe to leave them there or you believe, on reasonable grounds that if left,
they will suffer, or are likely to suffer, ill treatment, neglect, deprivation, abuse or
harm, and
there is no other practical means of ensuring their safety.
Powers of removal
If you believe that removing the child is necessary, you may enter and search:
Power
Description
Without a
This is a Police power and can only be invoked when police believe
warrant
on reasonable grounds it is critically necessary to remove that
child to prevent injury or death.
(s42 Children,
Young Persons
When exercising the power you must:
and their Families produce evidence of identity, and
Act 1998 (CYPFA))
disclose that your powers are being exercised under
s(s42(2))
and
a written report must be made to Commissioner of Police within
3 days of power being exercised (s42(3)). Complete
notification "Child/Young Person Arrest/removal" in Microsoft
Outlook to comply with this requirement.
With a place of
staff normally obtain place of safety warrants, although police
safety warrant
may assist with executing the warrant. (While police may apply
for such a warrant it would be highly unusual to do so).
(s39 CYPFA)
On entry, police (or social worker) may remove the child if they
still believe on reasonable grounds that the child has suffered, or
is likely to suffer, ill-treatment, serious neglect, abuse, serious
deprivation, or serious harm.
With a warrant
When the court is satisfied a child is in need of care and
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to remove
protection, it may issue a warrant for the child’s removal from any
place and for them to be put in Oranga Tamariki care. These
(s40 CYPFA)
warrants are sought by when there are ongoing care and
protection concerns.
Managing children found in clandestine laboratories
Where children or young persons are located by police in a clandestine laboratory during
a planned termination phase of an operation or in the course of regular police duties,
Oranga Tamariki must be notified under the Child Protection Protocol Joint Operating
Procedures.
Neglect as defined in the Protocol, includes situations where a child or young person is
found to have been exposed to the illicit drug manufacturing process or an environment
where volatile, toxic or flammable chemicals have been used or stored for the purpose of
manufacturing illicit drugs.
The Joint Standard Operating Procedures for Children and Young Persons in Clandestine
Laboratories outlines full roles and responsibilities for Police and Oranga Tamariki staff.
They also outline emergency powers for unplanned situations where children and young
persons are located inside clandestine laboratories.
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Consultation and initial joint investigation planning with
Oranga Tamariki
This section contains these topics:
Consultation procedures
Initial joint investigation plans
-
Updating initial joint investigation plans
CPP meeting to discuss cases
Cases falling outside of the Child Protection Protocol
Consultation procedures
This table outlines the steps to be taken by the Police CPP contact person when receiving
notice of a child abuse concern.
Step
Action (by Police CPP contact person unless otherwise stated)
1
Review the accuracy and quality of the information provided in the referral
and any initial actions already undertaken (e.g. the child’s removal and/or the
offender’s arrest). Arrange any further necessary inquiries.
2
Make an initial assessment of the seriousness of the case (see
Determining
seriousness of physical abuse). If the case falls within the guidelines of the CPP (physical, sexual, neglect)
complete and email a CPP referral form (Police Forms>Child Protection) to the
Oranga Tamariki National Call Centre
([email address]) and cc your
local CPP EMAIL address. (See
Making referrals to Oranga Tamariki for when
and how to make referrals).
If there is any doubt as to the degree of seriousness and whether the CPP
applies, the case should be referred for further discussion with Oranga
Tamariki.
3
The CPP contacts from Police and Oranga Tamariki at a local level consult
about the CPP referral. This consultation may occur at the same time as the
case was referred. This consultation should be clearly evidenced and recorded
on the nationally agreed template in the respective case management
systems.
The consultation should:
share information or intelligence about the particular case
confirm if the referral meets the threshold of the CPP
discuss any immediate action required to secure the immediate safety of
the child
consider whether a multi-agency approach is required.
4
The CPP contacts from Oranga Tamariki and Police discuss the case and agree
on an Initial Joint Investigation Plan (IJIP). The purpose of the IJIP is to
ensure that we work together to secure the child’s immediate safety and
ensure any evidence is collected.
Oranga Tamariki record the IJIP on the nationally agreed template and
forward a copy to Police as soon as practicable. This should be done within 24
hours. In some circumstances it may be agreed between the consulting
Oranga Tamariki and Police CPP contacts that Police record the IJIP.
In all cases, necessary steps must be put in place immediately to secure the
child's safety and any other children that may be at risk.
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5
After a case is confirmed as a CPP case
update NIA and note it is a CPP case
prioritise and assign the case to the most appropriate investigator, taking
into account the recommended maximum case assignments for
investigators. Cases awaiting assignment must be reviewed at least once a
month and any identified concerns or risks while the case is waiting,
appropriately managed. (See the Child Protection - Specialist accreditation,
case management and assurance chapter for more information).
6
CPP case record:
Oranga Tamariki create a CPP record in their electronic case management
system (CYRAS).
Police confirm that the case is recorded as a CPP case in their electronic
case management system (NIA).
7
Following the agreement of an initial joint investigation plan (IJIP) the tasks
outlined in the IJIP
will be reviewed via the CPP meeting to ensure they have
been completed as agreed. The CPP contacts must communicate any
significant updates which occur in the intervening period.
Note that only cases closed by
both agencies can be removed from the CPP
case list at a CPP meeting.
8
If the case is not confirmed as a CPP case:
Police will record the case in NIA case management system and record the
reason why the referral was not confirmed as a CPP case
Police may continue an investigation role outside of the CPP process to
determine if there is any on-going role in terms of prevention.
Initial joint investigation plans
Agreement on the Initial Joint Investigation Plan
The CPP contacts from Oranga Tamariki and Police will discuss the case and agree on an
Initial Joint Investigation Plan (IJIP). Its purpose is to ensure that we work together to
secure the child’s immediate safety and ensure any evidence is collected.
Oranga Tamariki will record the IJIP on the nationally agreed template and forward a
copy to Police as soon as practicable. This should be done within 24 hours. In some
circumstances it may be agreed between the consulting Oranga Tamariki and Police CPP
contacts that Police record the IJIP.
The IJIP must consider the following:
the immediate safety of the child involved and any other children who may be
identified as being at risk
referral to a medical practitioner and authority to do so
the management of the initial interview with the child
if a joint visit is required due to the risk of further offending, loss of evidence, the
likelihood of the alleged offender being hostile, or any concerns for staff safety
collection of any physical evidence such as photographs
any further actions agreed for Police and/or Oranga Tamariki including consideration
as to whether a multi-agency approach is required.
The tasks outlined in the IJIP
will be reviewed via the CPP meeting to ensure they have
been completed as agreed. The CPP contacts must communicate any significant updates
which occur in the intervening period.
Updating initial joint investigation plans
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The tasks outlined in the IJIP
will be reviewed via the CPP meeting to ensure they have
been completed as agreed. The CPP contacts must communicate any significant updates
which occur in the intervening period.
As the criminal investigation progresses for CPP cases, case updates and further tasks
will be recorded in the respective case management systems and in the on-going case
investigation plan. The case investigation plans must be updated as necessary to ensure
that appropriate interventions are maintained. Ongoing consultation between Police and
Oranga Tamariki is crucial for the effectiveness of the CPP and for the victim and their
family to receive the best service from both agencies.
CPP meeting to discuss cases
CPP meetings will be held at least monthly or more frequently as required between the
Oranga Tamariki and Police CPP contacts.
Oranga Tamariki will make the CPP Case List (Te Pakoro Report 100) available to Police
prior to the CPP meeting.
In order to ensure that the CPP meetings are productive and focused, the following
standing agenda items have been agreed:
review the CPP Case List to ensure all cases are recorded
confirm both agencies have a copy of the agreed IJIP and all of the agreed actions
from the IJIPs have been completed
case update on the progress of the Oranga Tamariki investigations
case update on the progress of the Police investigations
record any further tasks
advise any case investigations which have been closed and the outcomes
discussion of any concerns or issues.
One set of agreed formal minutes, using the meeting minute template, must be taken
for each meeting held. These minutes will be shared between the two parties, agreed
and retained as per the CPP.
Cases falling outside of the Child Protection Protocol Joint Operating
Procedures
Not all care and protection concerns require a response under the CPP. The CPP sets out
the criteria for those that do. If the concerns do not meet the CPP threshold, this does
not mean that the role of Police and Oranga Tamariki is at an end.
Oranga Tamariki will complete an assessment of care and protection concerns. Police
will ensure that any family violence cases that do not fall within the CPP threshold are
referred to the District/Area Family Violence Coordinator or equivalent for follow up.
There will be some cases that are initially identified as CPP, but new information means
the CPP threshold is no longer met, or the criminal investigation cannot be progressed.
As above, this does not mean that that the role of Police and Oranga Tamariki is at an
end, but that the CPP is no longer the correct process for investigation.
See also
Making referrals to Oranga Tamariki for further information about when and
how referrals to Oranga Tamariki or other Police services should be made.
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Making referrals to Oranga Tamariki
This section contains these topics:
Types of cases requiring referral to Oranga Tamariki
Referral process varies depending on case type
Referral of historic cases to Oranga Tamariki
Types of cases requiring referral to Oranga Tamariki
Police are informed of a variety of situations requiring notification to Oranga Tamariki
that a child may be at risk. These cases fall into four general categories.
Category
Examples
Child abuse
physical abuse
sexual abuse
neglect
sexual imaging of child
Family violence
where there is a direct offence against a child or young
person
neglect of child or young person (as per
CPP definition of
neglect), or
anytime where after an investigation has taken place that
factors indicate a concern for safety that warrants statutory
intervention.
(See “Child risk information and Reports of Concern” (ROC) to
Oranga Tamariki in the Family violence policy and procedures).
Environment /
clan lab
neglect
unsafe home
car crash
abandonment
cyber crime exploiting children
Other criminal
child identified as a suspect / offender
activity
Many of these concerns, other than those meeting the CPP, can be dealt with outside of
the CPP processes (see
Consultation and initial joint investigation planning with Oranga
Tamariki in these procedures).
Referral process varies depending on case type
This table outlines how referrals to Oranga Tamariki should be made for different cases.
Category of
How should referrals to Oranga Tamariki be made?
referral
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Child Protection
CPP referrals from Police to Oranga Tamariki can be made in
Protocol cases –
three ways:
criminal offence
a phone call between local staff, followed by an electronic CPP
against a child
referral form (POL 350 in Police Forms>Child Protection)
electronically using the CPP referral form
electronically forwarding the CPP referral form between the
Oranga Tamariki National Contact Centre and Police Comms
Centre’ Crime Reporting Line.
The method adopted will depend on the initial point of contact
and required urgency of response. E.g. if the situation does not
require immediate intervention, email (using the CPP email
address) a completed CPP referral form to your CPP contact for
further investigation before going off duty on the day of the
report.
Note that if Oranga Tamariki were involved in immediate
actions to ensure child safety, there is no requirement for the
CPP contact person to forward the CPP referral to the Oranga
Tamariki National Contact Centre.
Family violence
A Family Violence Child Risk Factors (CRF) form (POL 1313)
referrals
must be completed at all family violence incidents attended, for
all children under 18 years present (including unborn children)
and for any others who normally reside with the parties where
the family violence occurred.
If any of the three priority factors identified on the POL 1313 are
present, children must be referred to the Oranga Tamariki
National Contact Centre as soon as possible using the
Family
Violence Oranga Tamariki Report of Concern (ROC) – POL
351. Referral of other family violence cases to the Oranga
Tamariki National Contact Centre is determined on a case by
case basis in consultation with the FV coordinator and/or
supervisor. Any family violence case where children were
present that is not reported to the National Contact Centre must
be reported to the closest local Oranga Tamariki site by the
Family Violence Coordinator.
For more information about the referral process in family
violence cases, see ‘Child risk information and Reports of
Concern (ROC) to Oranga Tamariki’ in the “Family violence
policy and procedures”.
Note: If there is evidence of serious child abuse, the CPP
referral process, using the Pol 350, applies.
Environment /
The Oranga Tamariki National Call Centre (NCC) should be
neglect referrals
informed of situations where concerns held for the well being of
the child due to their environment may require a Oranga
Tamariki risk assessment. This can be by:
phone call to
0508 family
email to NCC via email address
[email address]
Other criminal
This is managed through Police Youth Services on completion of
activity
the investigation case file for an offender identified as a child.
Minor or trivial
Minor or trivial cases do not have to be referred to Oranga
cases
Tamariki.
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Referral of historic cases to Oranga Tamariki
When a report of historic child abuse is received, a risk assessment must be completed
to assess the risk the offender may currently pose to children. The assessment should
consider (amongst other factors):
currency and timeframes of offending
the suspect's current access to children
nature of offending, e.g. preferential or opportunist sexual offender
multiple victims
occupational, recreational or secondary connection to children, e.g. school teacher,
volunteer groups, or sports coaches.
Even though the victim is now an adult it may be appropriate to consult with Oranga
Tamariki to resolve any current care and protection concerns of children at risk from the
alleged offender.
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Interviewing victims, witnesses and suspects
This section contains these topics:
Interviewing children in child abuse investigations
Interviewing adult witnesses
Interviewing suspects
Interviewing children in child abuse investigations
All interviews of child abuse victims or of childwitnesses to serious crime must be
conducted carried out according to the Specialist Child Witness Interview Guide by
specially trained specialist child witness interviewers (SCWI).
The Specialist Child Witness Interview Guide details policy and guidelines relating to
specialist child witness interviews:
agreed jointly by Oranga Tamariki and Police
for trained specialist child witness interviewers of Oranga Tamariki and the Police,
and their supervisors and managers.
The policy and guidelines detailed in the Guide ensure specialist child witness interviews
are conducted and recorded in accordance with the
Evidence Act 2006 and the
Evidence
Regulations 2007 and that best practice is maintained.
Interviewing adult witnesses
When interviewing adult witnesses in child abuse investigations, follow:
Investigative interviewing witness guide, and
additional procedures in Investigative interviewing - witnesses requiring special
consideration (e.g. when the witness has suffered trauma, fears intimidation, or
requires an interpreter).
Interviewing suspects
When interviewing suspects in child abuse investigations, follow the Investigative
interviewing suspect guide including procedures for suspects requiring special
consideration (e.g. because of age, disability, disorder or impairment, or where English is
a second language).
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Medical forensic examinations
This section contains these topics:
Primary objective of the examination
Timing of examinations
Arranging the medical
-
Specialist medical practitioners to conduct examinations
-
Support during the examination
Examination venues
Examination procedures
Photographing injuries
Primary objective of the examination
The child's well being and safety is paramount. Therefore, the primary objective of a
medical forensic examination is the victim's physical, sexual and mental health, and
safety. Of secondary importance is the opportunity to collect trace evidence. The medical
forensic examination should be promoted to the victim and their family in this way.
Timing of examinations
The timing for a child's medical examination should be considered when the
initial joint
investigation plan is agreed between the Police and Oranga Tamariki contact persons.
The urgency of a medical examination will depend on the circumstances in a particular
case. Always consult with
a specialist medical practitioner when making decisions about
the timing and nature of examinations.
Type of case Timing
Acute sexual
A specialist medical practitioner must be contacted as soon as
abuse cases
possible. Capturing forensic evidence that may disappear, using a
medical examination kit and/or toxicology kit, is particularly important
in the first 7 days after sexual abuse.
If three or four days have passed since the abuse, the examination
may not be as urgent, but should still be considered, primarily for the
victim's wellbeing and for trace evidence capture. This recommended
course of action should be discussed with the victim, their family and
the specialist medical practitioner.
For further information see “Medical forensic examinations” in the
Adult sexual assault investigation policy and procedures.
Acute physical These cases often come to Police attention due to medical intervention
abuse
already occurring at hospitals or doctors surgeries. In other cases, the
examination should be arranged as soon as possible in consultation
with the victim, their family and the specialist medical practitioner.
Bruises and other injuries may take a number of days to best appear
and a further assessment should be made at the follow-up medical
appointment. Consult with the specialist medical practitioner as to
when this should be arranged.
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Non acute /
These are non-urgent cases where the medical response can be
therapeutic
arranged at a time convenient to the medical practitioner, the child
and their family. In non acute sexual abuse cases there is little
expectation of locating forensic evidence but the medical examination
is necessary for the assurance of the victim and family (e.g. that there
is no permanent injury, pregnancy, sexually transmitted infections).
In older physical abuse cases a medical examination may be required
to verify concerns of past injury that may be detected by examination
or X-ray.
Arranging the medical
Where a medical examination of a child is considered necessary, refer the child to a
specialist medical practitioner for that examination.
The medical practitioner must be consulted as to the time and type of examination
required, based on the information received from the child/informant. Except for urgent
medical or forensic reasons, arrange the examination at a time and place that is least
stressful to the child. Also consider religious or cultural sensitivities when conducting the
medical examination.
The medical examination should be completed in
a child centred timeframe and by an
appropriate medical practitioner. This will avoid causing unnecessary trauma by having
to re-examine a child previously examined by a practitioner without specialist knowledge
and expertise.
Specialist medical practitioners to conduct examinations
In cases of serious child abuse, doctors who are DSAC (Doctors for Sexual Abuse Care
Incorporated) trained are the preferred specialist.
Whether the child victim is medically forensically examined by a specialist paediatric or a
general medical examiner varies around New Zealand. When briefing the medical
practitioner about the circumstances and timing of the medical examination, canvas with
them the question of who is best to conduct the examination. The decision is made by
the medical practitioner taking into account the child's age, their physical development
and the nature of their injuries.
Support during the examination
A parent or legal guardian who is not the suspect or another competent adult with whom
the child is familiar should accompany the child for the examination, unless that is not
appropriate in the circumstances.
Examination venues
Medical examinations should be conducted at a Sexual Assault Assessment & Treatment
Service's (SAATS's) recognised venue, e.g. paediatric clinics of District Health Boards or
doctors' clinics. They must not take place at Police premises unless purpose built
facilities exist which are forensically safe environments.
Examination procedures
The police role in a medical examination of child victims of serious physical and sexual
abuse are essentially the same as for adult victims. Follow the procedures "Before
conducting medical examinations" and "Examination procedures" in the ‘Medical forensic
examinations’ section of the Adult sexual assault investigation policy and procedures
when preparing for and conducting medical forensic examinations of child victims.
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Photographing injuries
The recording of physical injuries is important to corroborate an account of abuse.
Medical practitioners will identify during their examination any injuries that should be
photographed and may decide to sensitively take these during the examination. Police
can also take photographs of the victim's physical injuries with the victim's or parent/
guardian's full consent. An appropriately trained Police photographer should be used for
this.
Consult with the specialist medical practitioner as to when photographs should be taken.
Bruises and other injuries may take a number of days to appear so consider the benefits
of taking a series of photographs to record the changes.
A support person should be present to support the victim while photographs are being
taken and afterwards.
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Evidence gathering and assessment
This section contains these topics:
Police responsibility for criminal investigations
Crime scene examination
Consider all investigative opportunities
Exhibits
Dealing with suspects
Ongoing evidence assessment
-
Care and protection concerns arising during investigation
Community disclosure of offender's information
Police responsibility for criminal investigations
NZ Police is the agency responsible for the investigation of any criminal offending. They
have a statutory obligation to investigate any report they receive alleging that a child
has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-
treated, abused, neglected, or deprived
(s17 CYPF Act 1989).
While the investigation process for child abuse complaints has many similarities with
other criminal enquiries there are subtle differences such as the power imbalance
between the child and the offender as well as the subsequent impact and consequences
of the abuse on the victim.
Investigators need understanding and sensitivity in all interactions with the victim and
their families. They also need an appreciation of offenders' motivation. For example,
does a sexual offender appear opportunistic or preferential in nature? Is the event well
planned, ill-conceived or stumbling? Is what appears to be a minor physical assault a
pattern of increasing violence?
As for any other criminal investigation, child abuse investigations must be undertaken in
a way that evidence gathered is admissible in court proceedings. Correct procedures
must be followed to ensure the strongest possible case can be put before the courts to
hold an offender accountable. This will increase the likelihood of a successful prosecution
and enhance outcomes for the victim, their family and the wider community.
Crime scene examination
Follow standard investigation procedures detailed in the Police Manual for:
crime scene examination
gathering and securing physical and forensic evidence.
Consider all investigative opportunities
Also consider other investigative opportunities, such as history of family violence, area
canvas, location of further witnesses, propensity (similar fact) evidence, Intelligence
office input (e.g. prison releases, known sex offenders, similar crime etc), media
releases, contact with the Police Criminal Profiling Unit and other potential case
circumstances.
See also:
Hospital admissions for non- accidental injuries or neglect in this chapter
the Child protection - 'Mass allegation investigation' and 'Investigating online offences
against children' for information about managing:
- multiple allegations of serious child abuse committed by the same person or a
connected group of people
- allegations associated with education settings
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- online offences investigations involving children, including indecent communication
with a young person under 16
Exhibits
Follow standard investigation procedures for:
locating, recording and photographing exhibits in situ
securing, labelling and packaging, handling and retention of exhibits
analysis, assessment and court presentation
final action, i.e. appropriate return, disposal or destruction.
Always consider the potential sensitivity of exhibits for scientific assessment, especially
those cases of a sexual nature. Sound handling processes must be adhered to, recorded
and able to be outlined.
Dealing with suspects
Identifying and locating suspects
In most cases the suspect for child abuse can readily be ascertained due to an
established connection with the victim or their family/whänau. In other cases identifying
and locating a suspect may take extensive and prolonged investigation.
Capturing complete detail in appropriately taken victim complaints, witness statements,
thorough scene examinations and other investigative endeavours better enables the
identification and location of unknown suspects.
Approaching suspects
Staff are to fully assess all available information to determine the best approach that fits
the situation and circumstances. When planning this initial approach to a suspect,
consider:
the time of day
the location and situation (alone or in a family or work situation)
investigator's style, manner and approach
the possible perceptions of the suspect and what they may interpret is occurring
follow-up options (e.g. medicals, photographs, further victim involvement etc).
Interviewing suspects
Follow the Investigative interviewing suspect guide when interviewing suspects in child
abuse investigations.
Medical examination of suspects
Consider the need for the suspect to undergo a medical examination.
Police Medical Officers (ideally a specialist practitioner who has not examined the victim)
undertake a forensic medical examination of suspects at the request of the O/C case or
O/C suspects. They should use:
medical examination kits, and/or
a toxicology kit if the suspect is a known or suspected drug user.
When making arrangements for the examination, ask the Police Medical Officer to:
take appropriate samples such as buccal, blood, saliva, head hair, pubic and body
hair, foreign hairs, and fingernail scrapings
note any injuries such as scratches or bruises and how this may have originated
give their opinion of the suspect's mental condition so that police obtain a further
psychiatric opinion where necessary
record any comments or explanations made by the suspect about the cause of injuries
or other relevant comments made.
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Consider photographing injuries or other aspects.
DNA samples
If DNA trace evidence is held as a result of forensic evidence and the suspect declines to
provide a voluntary DNA sample, a suspect compulsion order should be sought through
the Court. (See the DNA sampling Police Manual chapter).
Ongoing evidence assessment
Ongoing appraisal of available information and evidence should be undertaken as part of
usual practice. There may also need to be a formal assessment which could include
seeking the opinion of Legal Section or the Crown Solicitor when determining resolution
options for the investigation.
Care and protection concerns arising during investigation
The O/C case must advise Oranga Tamariki immediately if any further care and
protection concerns arise during the criminal investigation. It may be necessary to
amend the Oranga Tamariki /Police
initial joint investigation plan to ensure the safety of
the victim, siblings or other children who may be at risk of continuing offending.
Community disclosure of offender's information
In some situations, a form of community disclosure may be required, e.g. where
information is received that a person previously known to Police has commenced
volunteer work with children.
See ‘Community disclosure of offender information’ in the Police Manual for:
the circumstances in which police may proactively release information about an
offender's identity to individuals and/or communities other than in response to
requests under the Official Information Act 1982
what information can be released and how
the necessary authorisation that must be obtained prior to release.
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Hospital admissions for non-accidental injuries or
neglect
This section contains these topics:
Introduction
Medical case conferences
-
DHB immediate management plan
Multi agency safety plan
-
Reviewing multi agency safety plans
Medical information available to investigators
Further information
Introduction
Non-accidental injuries (NAI’s) and serious neglect investigations are not only a criminal
investigation but also a multi-agency child protection investigation.
The admission of a child to hospital does not automatically ensure their safety. Police,
Oranga Tamariki and health professionals must work closely together from the time the
abuse/neglect is first recognised to ensure the victim's safety and achieve the best
investigative outcome.
Non-accidental injuries and serious neglect investigations can be difficult to conduct
because:
offenders who inflict serious injuries to young children do not want to be seen as child
abusers and admissions are therefore difficult to obtain
non-offending parties are often bound by feelings of loyalty to perpetrators of violence
against children
there is often no evidence of planning or preparation to be obtained. In the majority
of cases, violent acts are spontaneous
most offenders do not actually intend to inflict the levels of harm suffered
medical evidence can be imprecise, with injuries being difficult to time or date
pre-existing medical conditions may exist, or other causes for injury and explanations
be given, e.g. resuscitation or shaking to revive or as a response to choking or
apnoea
accident - no intent to harm, e.g. accidental falls
time frames may expand to include other suspects.
Medical case conferences
When a child presents at the hospital, an initial clinical assessment will be undertaken by
a health practitioner. If the treating health practitioner becomes concerned about
possible abuse they will undertake a primary assessment of risk. The practitioner will
consult internally with the District Health Board (DHB) child protection team.
DHB immediate management plan
The District Health Board is responsible for ensuring the safety of the child from the time
of admission until the notification to Oranga Tamariki has been accepted. This should
never be longer than 24 hours.
The attending clinician, in consultation with others, will establish a plan to address the
child's immediate safety needs while the child is in DHB care.
Multi agency safety plan
As with all child abuse investigations, an important step is the joint investigation plan.
When children are in hospital as a result of non accidental injuries and serious neglect,
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the joint investigation plan should include the convening of a medical case conference
between Police, Oranga Tamariki and the DHB.
The conference should ideally be held within 24 hours of a notification being received by
Oranga Tamariki. During the conference a multi-agency safety plan (MASP) should be
agreed detailing:
names and contact details of those involved
names and roles of those who will be responsible for the child's care during their time
in hospital and how safety issues will be addressed including:
- supervision of contact with family during the hospital stay and after discharge
- place of safety warrant or other legal measures which may be required
what and how support will be provided to the child and family
how the health needs of the child will be addressed
roles and responsibilities of the family and other agencies
expected length of stay and planning for discharge
health and rehabilitation needs after discharge
management of risk to siblings and other children living in the home
how monitoring and review will occur
engagement with ACC and their involvement in rehabilitation planning.
The parties will maintain at least weekly contact to update each other about the child's
progress while they are in hospital. When necessary, the multi agency safety plan must
be reviewed.
Reviewing multi agency safety plans
Each agency must advise the others as soon as possible of:
key events including clinical deterioration of the child
episodes of violence or inappropriate behaviour by family
changes in custody arrangements
arrest or prosecution of an alleged offender
acceptance of a claim by ACC
plans for discharge.
A meeting to review the plan can be initiated by any of the key staff. If possible, any
visit by police to key DHB staff should be pre-arranged to ensure appropriate staff are
available.
Before the child’s discharge from hospital a meeting must be convened by a Oranga
Tamariki social worker to review and update the multi agency safety plan. The updated
plan must include:
timing of discharge
support required and available on discharge
health and rehabilitation needs following discharge.
Medical information available to investigators
During the investigation, health practitioners should be able to provide information
and/or a report to Police/ Oranga Tamariki covering aspects of the
assessment/treatment of the child including:
the child’s current condition and initial prognosis
current treatment
current medical opinion as to how and when the injuries occurred
what radiographic imaging has taken place and what further imaging is to be carried
out, e.g. CT scans, MRI scans, skeletal X-rays, bone scan
whether an ophthalmologist examined the child and if retinal images have been taken
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what diagnostic tests have been carried out to rule out other causes of the injuries
and their results
what further tests are planned
what samples have been obtained from the child e.g. pre-transfusion blood, urine
details of medical and other staff coming into contact with the child
if the hospital clinical photography department has obtained photographs of any
apparent external injuries to the child
the child's previous hospital admissions and any known medical history
who is the child’s GP
carers' initial response to the child becoming ill, any first aid given and how the child
was brought to hospital
any explanations offered by carers to paramedics or medical staff.
Further information
See the aide-memoir / additional guidance on the initial response for child/infant
homicides and non-accidental injuries on Crime Group’s intranet page.
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Charging offenders and considering bail
This section contains these topics:
Determining appropriate charges
DNA sampling when intending to charge
-
Relevant offences
Determine if the offence falls within s29 Victims' Rights Act
Bail for child abuse offending
-
Victims views on bail
Determining appropriate charges
When laying charges in child abuse investigations consider the most appropriate charges
based on the admissible evidence available. Charging must always reflect the:
seriousness of the offence
essential nature of the offending
admissible evidence.
It is important that you do not minimise child abuse and that charging is aimed at
making the offender accountable for their actions. Contact your supervisor, a legal
advisor, or Crown Solicitor in your district if you need advice in any case about charging
decisions.
For more information see:
Prosecution and other case resolutions in this chapter
the Child protection - 'Mass allegation investigation' and 'Investigating online offences
against children' chapters
Charging decisions.
DNA sampling when intending to charge
When intending to charge a suspect aged more than 14 years with
a relevant offence,
Police can request a DNA sample and detain the person for the period necessary to take
the sample. Intention to charge DNA samples can then be matched against the unsolved
crime scene database before prosecution case resolution (conviction or acquittal).
Follow the DNA sampling procedures when taking 'intention to charge' DNA samples.
Relevant offences
Relevant offences are listed in part 1, 2 and 3 of the schedule to the
Criminal
Investigations (Bodily Samples ) Act 1995. They include all sexual offences, serious
assault, cruelty to a child, assault with a weapon, male assault female, sexual grooming
and offences punishable by a term of 7 years imprisonment or more. Assault on a child
is not a relevant offence.
Determine if the offence falls within s29 Victims' Rights Act
When laying charges, you must determine if the offence comes within section
29 of the
Victims' Rights Act 2002 as soon as practicable after coming into contact with a victim.
If it does, the victim must be informed (using the POL1065) of their right to be on the
victim notification register and to be notified about the
bail, release, escape and death of
an offender and accused.
The offence must be:
one of sexual violation or other serious assault
one that resulted in serious injury to a person, the death of a person or a person
being incapable, or
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one of another kind that has led to the victim having ongoing fears on reasonable
grounds:
- for their physical safety or security, or
- for the physical safety or security of one or more members of their immediate
family.
Note that victims may also include a parent or legal guardian of a child or young person
unless that parent or guardian is charged with the commission of, or convicted or found
guilty of, or pleads guilty to, the offence concerned.
Bail for child abuse offending
The same bail considerations apply to persons charged in relation to child abuse
offending as for any person charged with an offence.
Note however, that you must
have the authority of a supervisor of or above the position level of Sergeant before
releasing a person charged with an offence against a child or young person on Police
bail.
See Deciding whether to grant or oppose bail in the ‘Bail’ chapter when deciding whether
to grant Police bail and/or to oppose bail when the person appears in court (e.g. when
there are concerns that the person may commit further offending or fail to appear). Also
consider whether any of the restrictive Bail Act provisions apply. In all cases, the
paramount consideration is the safety and protection of the victim.
When granting Police bail, conditions must be set to reflect the victim's safety needs and
those of potential victims. If Police do not oppose bail, or it is clear the court is likely to
grant bail, seek appropriate bail conditions (e.g. non association with the victim or other
children) to help safeguard the victim. (See Bail conditions in the ‘Bail’ chapter for more
information).
Victims views on bail
If the charges laid fall within section
29 of the Victims' Rights Act 2002, Police must
make all reasonable efforts to ensure the victim's views on the offender’s release on bail
are ascertained and provided to the court.
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Prosecution and other case resolutions
This section contains these topics:
Options for resolving child abuse investigations
Deciding whether to prosecute
-
Related information if case involves family violence
Matters to consider during prosecutions
Disclosure of video records and transcripts
Preparing witness before court appearance
Privacy of victims in court
Support of witnesses in court
Preparing victim impact statements
Options for resolving child abuse investigations
After a full investigation of the case, several options are available for case resolution
including (depending on the circumstances of the case):
prosecution
issue of a formal Police pre-charge warning for a minor assault
diversion for minor offending (see Adult diversion scheme policy)
restorative justice
filing of the case due to insufficient evidence
no further action.
Deciding whether to prosecute
Prosecution action is an important element in holding offenders accountable for their
actions. However, the Solicitor-General's Prosecution Guidelines require that
prosecutions are only brought where there is a reasonable prospect of conviction (the
'evidential test') and where a prosecution is in the public interest. Refer also to the
Charging decisions chapter.
Where there is sufficient evidence to establish a prima facie case, prosecution is the
preferred resolution for child abuse investigations unless the degree of force used is so
inconsequential that the intervention of the criminal law is not in the public interest.
Where criminal investigations are being conducted alongside
joint investigations under
the Child Protection Protocol Joint Operating Procedures, it may be appropriate to consult
with Oranga Tamariki before laying charges in minor cases.
The decision to commence prosecution action is ultimately one for Police. Where there is
sufficient evidence to commence prosecution, any decision not to do so must be made
after consultation with a supervisor.
Related information if case involves family violence
Refer to Prosecuting family violence for more information about prosecuting family
violence cases.
Matters to consider during prosecutions
Follow standard file preparation and prosecution procedures for:
preparation of documents, depositions and testimony
criminal disclosure – (see the Criminal disclosure chapter)
preparation of appropriately handled, packaged and presented exhibits
preparation, handling and presentation of video evidence and testimony.
Disclosure of video records and transcripts
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It is the court's expectation that a child victim’s evidence will normally be given by way
of video record, unless exceptional circumstances apply (see the Specialist Child Witness
Interview Guide).
Section
106 Evidence Act 2006 and regulation
30 Evidence Regulations 2007 require
defence counsel to be given a copy of any video record being offered as an alternative
way of giving evidence, before the hearing of the matter, unless a judge directs
otherwise. For more information on the disclosure of video recorded interviews see
‘Disclosure of video interviews, transcripts and TASER data’ in the Criminal disclosure
chapter.
Preparing witness before court appearance
The prospect of having to give evidence in court is a daunting prospect for most people,
particularly children. The child should if possible, meet the prosecutor or Crown Solicitor
before the trial, be shown the courtroom, and given appropriate resource material to
assist with preparing for court. Resource material is available through the Court Victim
Advisor at your local district court.
See ‘Looking after witnesses’ in the Criminal procedure - Trial stage chapter for advice
on briefing witnesses.
Privacy of victims in court
See the Criminal procedure - Administration stage chapter for information on:
when names, evidence and submissions are automatically suppressed or may be
suppressed on an application
clearing courts.
Support of witnesses in court
Section
79 of the Evidence Act 2006 provides that a complainant or witness, while giving
evidence in court, may have a person with or near them to give support. The support
person’s name must be disclosed to all parties as soon as practicable. See the Criminal
procedure - Trial stage chapter for information on supporting witnesses in court.
Preparing victim impact statements
See ‘Victim impact statements’ in the Victims (Police service to victims) chapter.
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Responsibilities for victims
This section contains these topics:
Victims may include parents and guardians
Rights of victims
Support after sexual violence
Victims may include parents and guardians
A victim is a child or young person:
against whom an offence is committed by another person, or
who through or by means of an offence committed by another person, suffers physical
injury, or loss of, or damage to, property.
Victims may also include a parent or legal guardian of a child or young person who falls
within the above criteria unless that parent or guardian is charged with the commission
of, or convicted, or found guilty of, or pleads guilty to, the offence concerned.
(s4 Victims Rights Act 2002)
Rights of victims
See the Victims (Police service to victims) chapter for information about:
responding to incidents involving victims
treatment and rights of victims generally
notification rights for victims of serious offences including the right to be registered in
the victim notification system
obtaining and submitting victim impact statements.
Support after sexual violence
Up to $500 is available to help with emergency costs incurred immediately after a sexual
violence crime, e.g. replacing clothing, emergency accommodation and repairing or
replacing damaged property. Funding is also available for victims/survivors and an
unpaid support person to attend the trial. Grants can be applied for where any child has
been the subject of a sexual crime that occurred on or after 1st January 2010, whether
or not the matter proceeds to a prosecution, so long as the matter has been reported to
Police. These grants are not means tested. Further information is available from Victim
Support or on their website:
www.victimsupport.org.nz
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Final actions and case closure
This section contains these topics:
Information to be provided to victim
Oranga Tamariki notification
Sex offender/suspect notification
Return of exhibits
Return and retention of video records
-
Destruction of master copies, working copies and other of video records
File completion
Information to be provided to victim
Following prosecution, ensure the victim is advised of the result as soon as possible.
Also ensure that victims of serious offences (defined by
s29 Victims' Rights Act 2002)
have been advised of their rights (using POL 1065 in Police Forms) to be registered on
the Victim Notification Register and to be advised of bail conditions, and release dates
post conviction. See ‘Notification rights for victims of serious offences’ in the Victims
(Police service to victims) chapter for more information.
Oranga Tamariki notification
If the investigation has been completed as a joint investigation under the CPP, Oranga
Tamariki must be advised of the outcome of the prosecution in writing and it must be
tabled at the monthly CPP meeting.
Sex offender/suspect notification
A "Sex Offender/Suspect Notification (*SOR)" (found in the e-mail 'Notifications' section
of the Bulletin Board) must be completed and submitted to the Modus Operandi section
at PNHQ for all investigations of sexual offences once suspects or offenders are
identified.
Return of exhibits
After the prosecution, the O/C case must:
retrieve the exhibits from the court as soon as practicable after any appeal period,
and
return property taken from victims as evidence, as soon as practicable after it is no
longer required for that purpose.
(s51 Victims Rights Act 2002)
However, sensitivity in the return or disposal of exhibits can be very important to
victims. Items of clothing may be damaged during trace evidence examination (e.g. for
forensic analysis, segments might be cut from the crutch area of trousers) and this
should be discussed with the victim or their parent or guardian before returning. Also
consider having clothing or bedding cleaned or appropriately dealt with before returning.
Where possible avoid returning items in labelled Police exhibit bags- there are boxes and
bags available through the Police procurement system.
Return and retention of video records
Once the court process is concluded, defence counsel must return their copy of the video
record to Police. The O/C case must ensure the lawyer’s copy is held by Police before the
matter is filed. (See regulation
31(2) and (3) of the Evidence Regulations 2007)
Destruction of master copies, working copies and other of video records
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Subpart 4 of the Evidence Regulations 2007 list obligations relating to the destruction of
video records. Once master copies of video records are presented in court as an exhibit
they must be retained by the court and then destroyed 10 years after the date on which
the criminal proceeding is finally determined or discontinued.
All other tapes should be destroyed 7 years after the date on which the master copy was
made.
File completion
Once Police resolution action is concluded, the Police file must be completed and filed as
soon as practicable.
The O/C case must ensure all case management processes are correctly recorded and
exhibits have been appropriately disposed of.
Child protection files must only be filed by level 4 child protection trained supervisors
who have authority from their District Crime Manager to do so. In most cases this
designated person will be the District Child Protection Coordinator, who is deemed as
having the required clear understanding of the nature and intricacies of this crime-type.
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Health and safety duties
Maximising safety and minimising risk
Maximising safety and eliminating or minimising risk at work is the responsibility of all
Police employees and persons engaged by Police to provide a service including
contractors and their employees, trainees, interns and volunteers. It is delivered through
meeting the obligations under the
Health and Safety at Work Act 2015 and Police safety
policies.
A key enabler is the application of the TENR-Operational threat assessment in the
workplace.
The expectation of the Commissioner and the Act is that persons in the workplace will
take reasonable care to ensure that their acts or omissions do not adversely affect the
health and safety of other persons, comply as far as they are reasonably able to with any
reasonable instruction that is given in order to comply with the
Health and Safety at
Work Act 2015 or regulations under that Act. They will co-operate with any reasonable
policy or procedure relating to health or safety at the workplace that has been notified to
them and take immediate action to stop any perceived or potential breach of the act or if
impractical, immediately report the matter to a supervisor.
Health and safety should be an everyday conversation.
Relevant Police instructions include:
Hazard management
Health and safety
Wellness and safety
these ‘Child protection investigation policy and procedures’ in relation to the safe
response to and investigation of reports to Police about child safety concerns.
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Child Protection Protocol:
Joint Operating Procedures
Between New Zealand Police and Child, Youth and Family
September 2016
Table of Contents
CHILD PROTECTION PROTOCOL: JOINT OPERATING PROCEDURES
1.
PURPOSE
2.
PRINCIPLES
3.
RESPONSIBILITIES
4.
WHEN TO USE THE CHILD PROTECTION PROTOCOL
5.
THE PROCESS
6.
FURTHER INVESTIGATION CONSIDERATIONS
7.
INFORMATION SHARING
8.
CONFLICT RESOLUTION
9.
TRAINING AND PROFESSIONAL DEVELOPMENT
10.
QUALITY ASSURANCE
11.
REVIEW
12.
SIGNATORIES
13.
GLOSSARY OF TERMS
14.
LIST OF ACRONYMS
APPENDIX 1 – CPP MEETING MINUTES TEMPLATE
The 2016 review completed by:
National Coordinator Child Protection
National Sexual Violence & Child Protection Team, NZ Police
Senior Advisor
Care and Protection Support, Child, Youth and Family
The cover features artwork by children and young people in care from the Hastings Site with the help of Tony
Harrington, Artist.
CPP: Joint Operating Procedures, September 2016
Page 2
1. Purpose
It is the role of New Zealand Police (Police) to investigate criminal offending, hold
offenders to account, and prevent future offending. It is the role of Child, Youth and
Family to investigate care and protection concerns and take action to keep children safe.
In cases of offending against children that may constitute a criminal offence, we will
work in partnership in order to achieve the best outcomes for children and their whānau.
This document is designed to address the areas of work where Police and Child, Youth
and Family will jointly consider a report of concern that meets the definitions as set out
in this document (section 4). The Child Protection Protocol: Joint Standard Operating
Procedures (CPP) is the process that we follow to accomplish this.
The CPP exists to ensure timely, coordinated and effective action by Child, Youth and
Family and Police so that:
children are kept safe
offenders are held to account wherever possible
child victimisation is reduced.
The CPP sets out the process for working collaboratively at the local level, and as a
formally agreed national level document, it will be followed by all Child, Youth and Family
and Police staff.
Police and Child, Youth and Family have their own individual processes for investigating
reports of concern or complaints which are not encompassed within this document.
2. Principles
Child, Youth and Family and Police are guided by the following principles:
the welfare and best interests of children are the first and paramount
consideration1
we will work together to keep children safe and free from harm, abuse and
neglect
we promote the wellbeing of children by working together with other agencies,
the community and their whānau.
1 Section 6 Children, Young Persons, and Their Families Act 1989
CPP: Joint Operating Procedures, September 2016
Page 3
3. Responsibilities under the CPP
To achieve an effective working relationship we need to:
understand each other’s roles in care and protection including the CPP process
have dedicated CPP contacts
establish effective ways to communicate with each other.
In order to support local relationships and communication, Child, Youth and Family and
Police will ensure the CPP is reflected in organisational policy and procedures and each
agency will be responsible for the allocation of resources to give effect to it.
Child, Youth and Family are responsible for:
addressing the immediate safety of children together with Police
completing an assessment of harm and the severity of this
taking action to ensure the on-going safety of children
facilitating and assisting child victims and their whānau to engage with support
services.
Police are responsible for:
addressing the immediate safety of children together with Child, Youth and Family
investigating whether an offence has occurred
holding offenders to account wherever possible
facilitating and assisting child victims and their whānau to engage with support
services.
Staffing
Each Child, Youth and Family site will have an identified Child, Youth and Family CPP
contact who is available to consult with the Police on all CPP cases.
Police District Child Protection Teams/Portfolio holders will have an identified Police CPP
contact allocated to each Child, Youth and Family site in their area.
Child, Youth and Family and Police will exchange the contact details for their CPP
contact. When these staff members are on leave or unavailable, an alternative CPP
contact must be identified.
CPP: Joint Operating Procedures, September 2016
Page 4
If a case is referred under the CPP outside of normal business hours, the CPP contacts
from Child, Youth and Family and Police will ensure that arrangements are in place if
urgent consultation is required.
Communication
Police and Child, Youth and Family must consult on all cases referred under the CPP. In
addition, Child, Youth and Family and Police will hold a dedicated CPP meeting. This will
be held at least monthly, or more frequently as required to discuss all current CPP cases.
In order to ensure that meetings are productive and focused, the following standing
agenda items for the CPP meetings have been agreed between Police and Child, Youth
and Family:
update the CPP case list with any new referrals
discuss updates for each case
advise on any outcomes or case closures
discuss any operational issues.
One set of agreed formal minutes, using the meeting minutes template will be taken for
each meeting held and circulated to both organisations.
4. When to use the CPP
The CPP is the joint process that is followed when Child, Youth and Family and Police are
responding to actions or behaviour that may constitute a criminal offence. These actions
or types of behaviour fall into three categories:
Physical abuse
Sexual abuse
Neglect.
The definitions for these types of abuse within the CPP context are listed below. Any case
may be referred under the CPP at any time if new information means the case may meet
the CPP definitions. It is important to remember that these definitions are specific to the
CPP context and are designed to assist staff to decide if the CPP is the correct process to
follow.
CPP: Joint Operating Procedures, September 2016
Page 5
CPP Definitions
Physical abuse
Physical abuse within the CPP context is when the actions of an offender result in,
or could potentially result in, physical harm or injury being inflicted on a child.
This is also known as a non-accidental injury.
There are three areas to consider in determining whether physical abuse meets the
threshold for referral as a CPP case:
1. the action (of the abuse)
2. the injury inflicted (outcome or result)
3. the circumstances (factors in the case).
Any single action and/or injury listed below will
meet the threshold for referral as a CPP
case.
1. Any of these actions - (methodology, how it was done)
Blow or kick to head
Shaking (of an infant)
Strangulation
Use of an object as a weapon (e.g. broom, belt, bat etc.)
Attempted drowning.
OR
2. Any of these injuries - (outcome or result)
A bone fracture
Burn
Concussion or loss of consciousness
Any injury that requires medical attention
Any bruising or abrasion when the
:
Child is very young, e.g. infant not yet mobile and/or
position and patterning make it unlikely to be caused by play or another child
or accident.
In circumstances where the initial action or injury does not meet the threshold outlined
above, consideration of the following circumstances or factors may warrant referral as a
CPP case.
CPP: Joint Operating Procedures, September 2016
Page 6
3. Any other action (e.g. hitting, kicking, slapping etc) and/or injury (bruising,
cuts, welts etc.) in combination with the following circumstances or factors:
The vulnerability of the child, more especially:
children under 5 years
age and vulnerability of pre-pubescent children
disability in any age.
More than one offender, perhaps:
both parents/caregivers
multiple family members.
History of abuse, with consideration of:
other incidents of concern, escalation of abuse
multiple previous similar events
previous non-accidental death of a sibling or child in household
abuse undertaken in public or in front of non-relatives.
A high degree of violence, with consideration of:
a complete loss of control by the offender, such as a frenzied attack
enhanced maliciousness or cruelty in the abuse
the degree in relation to age and vulnerability of victim.
The offender’s history and background, considering:
severe and frequent family violence
serious or extended criminal history.
Sexual abuse
Sexual abuse within the CPP context is an act involving circumstances of
indecency with, or sexual violation of a child, or using a child in the making of
sexual imaging.
For example:
- physical contact such as rape, penetration, or oral sex
- non-penetrative acts such as kissing, rubbing, touching or masturbation
- forcing or enticing a child to take part in sexual activities whether or not the child
is aware of what is happening
CPP: Joint Operating Procedures, September 2016
Page 7
- encouraging a child to look at sexually offensive materials or behave in a sexually
inappropriate way
- grooming a child in preparation for sexual abuse (this may be done via the
internet).
Underage sexual conduct
The law states that engaging in sexual conduct with a child under 16 years is a criminal
offence.2 These cases will
meet the threshold for referral as a CPP case (see section 6 for
guidance).
Neglect
Neglect within the CPP context is when a person intentionally ill-treats or neglects
a child or causes or permits the child to be ill-treated in a manner likely to cause
the child actual bodily harm, injury to health or any mental disorder or disability.
The ill-treatment or neglect must be serious, and avoidable.
For example:
- not providing adequate food, shelter or clothing
- not protecting a child from physical harm or danger
- not accessing appropriate medical treatment or care3
- allowing a child to be exposed to the illicit drug manufacturing process
- allowing a child to be exposed to an environment where volatile, toxic, or
flammable chemicals have been used or stored. 4
Cases that do not require or no longer require a CPP response
Not all care and protection concerns require a response under the CPP. This document
sets out the criteria for those that do. If the concerns do not meet the CPP threshold,
this does not mean that the role of Police and Child, Youth and Family is at an end.
Child, Youth and Family will complete an assessment of care and protection concerns.
Police will ensure that any family violence cases that do not fall within the CPP threshold
are referred to the District/Area Family Violence Coordinator or equivalent for follow up.
There will be some cases that are initially identified as CPP, but new information means
the CPP threshold is no longer met, or the criminal investigation cannot be progressed.
2 Section 134 Sexual conduct with young person under 16, Crimes Act 1961.
3 These cases need to be managed in accordance with Schedule 3 to the Memorandum of Understanding
between Child, Youth and Family, the Police, and District Health Boards 2011.
4 Refer to prosecution policy in the joint standard operating procedures for children and young persons in
clandestine laboratories.
CPP: Joint Operating Procedures, September 2016
Page 8
As above, this does not mean that that the role of Police and Child, Youth and Family is
at an end, but that CPP is no longer the correct process for investigation.
5. The process
This section sets out the process to be followed by Child, Youth and Family and Police
staff in CPP cases. Each case will consist of the following steps:
1) Referral
2) CPP Consultation
3) Agreement on the Initial Joint Investigation Plan
4) Create case record
5) Investigation
6) CPP meeting
7) Closure
Step 1 - Referral
Child, Youth and Family
When Child, Youth and Family receives a report of concern which they believe meets, or
may meet the CPP definitions, they will send the national CPP referral form to the Police.
Referrals can be made in the following ways:
a phone call between local staff, followed by an electronic CPP referral form to
the Police Crime Reporting Line (CRL) at [email address]
an electronic CPP referral form to CRL at [email address]
Police
When the Police receive a complaint which they believe meets, or may meet the CPP
definitions, they will send the national CPP referral form to Child, Youth and Family.
Referrals can be made in the following ways:
a phone call between local staff, followed by an electronic CPP referral form to
Child,
Youth
and
Family’s
National
Contact
Centre
(NCC)
at
[email address]
an electronic CPP referral form to NCC at [email address]
Step 2 – CPP Consultation
The CPP contacts from Police and Child, Youth and Family at a local level will consult
about the CPP referral. This consultation may occur at the same time as the case was
CPP: Joint Operating Procedures, September 2016
Page 9
referred. This consultation should be clearly evidenced and recorded on the nationally
agreed template in the respective case management systems.
The consultation should:
share information or intelligence about the particular case
confirm if the referral meets the threshold of the CPP
discuss any immediate action required to secure the immediate safety of the
child
consider whether a multi-agency approach is required.
If the case is not confirmed as a CPP case:
Child, Youth and Family and Police will record the case in their respective case
management systems and record the reason why the referral was not confirmed
as a CPP case
Police may continue an investigation role outside of the CPP process to determine
if there is any on-going role in terms of prevention
Child, Youth and Family will complete an assessment of care and protection
concerns.
If the case is confirmed as a CPP case:
Child, Youth and Family and Police will proceed to Step 3.
Step 3 - Agreement on the Initial Joint Investigation Plan
The CPP contacts from Child, Youth and Family and Police will discuss the case and agree
on an Initial Joint Investigation Plan (IJIP). The purpose of the IJIP is to ensure that we
work together to secure the immediate safety of the child and ensure any evidence is
collected.
Child, Youth and Family will record the IJIP on the nationally agreed template and
forward a copy to Police as soon as practicable. This should be done within 24 hours. In
some circumstances it may be agreed between the consulting Child, Youth and Family
and Police CPP contacts that Police record the IJIP.
The IJIP must consider the following:
the immediate safety of the child involved and any other children who may be
identified as being at risk
referral to a medical practitioner and authority to do so
the management of the initial interview with the child
CPP: Joint Operating Procedures, September 2016
Page 10
if a joint visit is required due to the risk of further offending, loss of evidence,
the alleged offender is likely to be hostile, any concerns for staff safety
collection of any physical evidence such as photographs
any further actions agreed for Police and/or Child, Youth and Family including
consideration as to whether a multi-agency approach is required.
The tasks outlined in the IJIP
will be reviewed via the CPP meeting to ensure they have
been completed as agreed. It is expected that the CPP contacts will communicate any
significant updates which occur in the intervening period.
Step 4 - Create the CPP case record
CPP case record
Child, Youth and Family will create a CPP record in their electronic case management
system (CYRAS).
Police will confirm that the case is recorded as a CPP case in their electronic case
management system (NIA).
Step 5 – Investigation
The CPP contacts from Child, Youth and Family and Police are responsible for ensuring
that any agreed actions specified in the IJIP are completed.
The CPP case investigation will then follow normal procedure as per each agency’s child
protection investigation plans. Child, Youth and Family will identify any risks for the child
and the need for safety.
Step 6 - CPP meeting
CPP meetings will be held at least monthly or more frequently as required between the
Child, Youth and Family and Police CPP contacts.
Child, Youth and Family will make the CPP Case List (Te Pakoro Report 100) available to
Police prior to the CPP meeting.
In order to ensure that the CPP meetings are productive and focused, the following
standing agenda items have been agreed:
review the CPP Case List to ensure all cases are recorded
confirm both agencies have a copy of the agreed IJIP and all of the agreed
actions from the IJIPs have been completed
CPP: Joint Operating Procedures, September 2016
Page 11
case update on the progress of the Child, Youth and Family investigations
case update on the progress of the Police investigations
record any further tasks
advise any case investigations which have been closed and the outcomes
discussion of any concerns or issues.
Case updates and further tasks will be recorded in the respective case management
systems and in the on-going investigation plans as managed by Child, Youth and Family
and Police.
Step 7 – Closure
When a CPP investigation is completed by either agency, they will advise their case
outcome to the other party during the CPP meeting or earlier as required. This will be
recorded in the CPP meeting minutes. Case closures will be recorded in the respective
case management systems.
6. Further investigation considerations
Dependent on the circumstances of each case, there may be a need to take the following
guidance into account during an investigation.
Children in the care of Child, Youth and Family
Any report of concern about a child who is in the custody5 of Child, Youth and Family
that meets the CPP threshold must be managed in accordance with the CPP process. For
Child, Youth and Family this means that the investigation must be completed in its own
investigation phase in CYRAS.
Where the abuse is alleged to have been perpetrated by a caregiver approved by Child,
Youth and Family, this must be managed in accordance with Child, Youth and Family
policy.6
Where the abuse is alleged to have been perpetrated by a caregiver engaged by a
section 396 provider,7 this must be managed in accordance with Child, Youth and Family
policy.8
5 This is children with a legal status under the Children, Young Persons, and Their Families Act 1989.
6 Practice Centre guidance - http://cyf-practice-centre.ssi.govt.nz/policy/allegations-against-caregivers/
7 Section 396 Approval of iwi social services, cultural social services, and child and family support workers,
Children, Young Persons, and Their Families Act 1989.
8 Practice Centre guidance - http://cyf-practice-centre.ssi.govt.nz/policy/allegations-against-caregivers/key-
information/complaints-and-allegations-against-caregivers-of-s396-providers.html
CPP: Joint Operating Procedures, September 2016
Page 12
Family violence cases
The effect of exposure to family violence on children has a significant and negative
effect, whether they witness it, or are direct victims of it.9
For CPP cases where the abuse has occurred within a family or whānau context10 it is
important that these cases are referred to the appropriate family violence multi-agency
forum11 for consideration. For Police, the CP Team must advise their District/Area Family
Violence Coordinator or equivalent of any CPP cases that are considered to be family
violence. This referral process will be actioned by entering a tasking to the District
Family Violence Coordinator bringing the CPP file to their attention.
When working with families who have experienced family violence, careful consideration
should be given by Child, Youth and Family to assessing the cumulative effect of
psychological harm, including the current impact of past and/or present violence. This
includes assessment of prior reports of concern which did not meet the threshold for
further action to be taken. This is important as the physical and psychological
consequences are highly individualised and can vary from intense and immediate, to
cumulative and long lasting. There is research which demonstrates that children living
with violence in their families are at increased risk of experiencing physical or sexual
abuse.12
Suicide Risk
Exposure to high levels of family violence including physical, verbal and/or emotional has
been linked to the risk of self-harm and suicide of young people.13 Police and Child,
Youth and Family need to be vigilant and responsive to potential suicide risk when
working with CPP cases.
Underage sexual conduct
In these cases, the discretion about whether to charge remains with the Police. Child,
Youth and Family will need to consider if there are care and protection concerns.
9 Joint Findings of Coroner C D na Nagara as to Comments and Recommendations – Flaxmere Suicides, 6 May
2016.
10 The parties involved in the situation are family members. Family members include people such as parents,
children, extended family and whānau. They do not need to live at the same address.
11 Currently this is the Family Violence Interagency Response System (FVIARS).
12 Farmer, E. & Pollack, S. (1998).
Substitute Care for Sexually Abused and Abusing Children. Chichester:
Wiley; Edleson, J. (1999). Children witnessing of adult domestic violence.
Journal of Interpersonal Violence,
14(4)839-70; Cawson, P. (2002) Child Maltreatment in the Family: The Experience of a National Sample of
Young People. In C. Humphreys, & N. Stanley (eds) (2006)
Domestic Violence and Child Protection: Directions
for Good Practice. Jessica Kingsley: London.
13 Joint Findings of Coroner C D na Nagara as to Comments and Recommendations – Flaxmere Suicides, 6 May
2016.
CPP: Joint Operating Procedures, September 2016
Page 13
Both agencies will consider each case on its own merits taking all of the circumstances
into account. During the CPP consultation, the factors to be considered include:
- Is there predatory, exploitative or coercive conduct by the offender?
- Is the victim vulnerable due to disability, intoxication, or other factors?
- What is the age difference between the victim and offender?
- Are there power and control dynamics in the relationship?
- What is the consequence of the offending on the victim?
- Has there been publicity or bragging of the offending?
- What is the scale of the offending?
- Are there multiple victims?14
- Is the offending part of an organised group?
Children in hospital with suspected non-accidental injury (NAI)
Any CPP case where a child has been admitted to hospital with suspected or confirmed
abuse or neglect will require collaboration between Child, Youth and Family, Police and
the District Health Board.
These cases need to be managed in accordance with Schedule 1 to the Memorandum of
Understanding between Child, Youth and Family, the Police, and District Health Boards
2011.15
Children with disabilities
Careful planning will be required when the child victim has a disability. It may be useful
to refer to Child, Youth and Family practice considerations for engaging and
communicating with disabled children.16
If further assistance is required, Child, Youth and Family has regional child disability
advisors who can be contacted for assistance.17
Mass Allegation Investigations (MAI)
A mass allegation investigation (MAI) is an investigation into a CPP case that involves
three or more children (excluding sibling groups) by the same offender or by a
connected group of offenders.
14 Refer to the Joint Operating Procedures for Mass Allegation Investigations.
15 Schedule One to MoU – re children admitted to hospital with suspected or confirmed abuse or neglect, 5
September 2011.
16 Practice Centre guidance - http://cyf-practice-centre.ssi.govt.nz/knowledge-base-practice-
frameworks/disability/resources/practice-tips-for-social-workers.html
17 Practice Centre guidance - http://cyf-practice-centre.ssi.govt.nz/knowledge-base-practice-
frameworks/disability/resources/practice-tips-for-social-workers.html
CPP: Joint Operating Procedures, September 2016
Page 14
The children involved may be linked through a range of different circumstances
including:
a whānau member
a group or activity they participate in such as a sports club, church
group, hobby club or holiday programme
a facility they attend such as kindergarten, childcare or a school
their care arrangements such as residences or group homes.
In the case of a MAI or suspected MAI please refer to the Joint Operating Procedures for
Mass Allegation Investigations.
Abuse within an educational setting
Any CPP case where the alleged abuse has occurred within an education setting and the
alleged offender is an adult, will require collaboration between Child, Youth and Family,
Police, the Education Council of Aotearoa and the Ministry of Education (MoE) on both a
local and national level.
These cases need to be managed in accordance with Schedule 1 to the Memorandum of
Understanding between Child, Youth and Family, the Police, the Education Council of
Aotearoa and the MoE.18
Any CPP case where the alleged abuse has occurred within an educational setting and the
alleged offender is a child, will require collaboration between Child, Youth and Family,
Police and the relevant education facility. It may be that the school or educational facility
is invited to be a part of the CPP investigation using a multi-agency approach.
Support for child victims and their whānau
Accident Compensation Corporation (ACC) should be the point of first contact for
accessing support services for child victims. There is ACC-funded support for victims and
their whānau following sexual abuse or physical assault.
Whānau should be supported to make an ACC claim.
email:
[email address]
phone:
0800 735 566
web:
findsupport.co.nz
18 Managing abuse allegations involving an adult working in or associated with an education
setting, November 2015.
CPP: Joint Operating Procedures, September 2016
Page 15
7. Information Sharing
Information shared between the parties will be shared in compliance with any relevant
legislation, including the Children, Young Persons, and Their Families Act 1989 and the
Privacy Act 1993.
Children, Young Persons, and Their Families Act 1989
Section 15 of the Children, Young Persons, and Their Families Act 1989 permits any
person who believes a child has been or is likely to be harmed, ill-treated, abused,
neglected or deprived to report it to a social worker or constable. Police and Child, Youth
and Family may make a report of concern to each other in these circumstances. Once a
report of concern is received, a social worker or constable has powers of investigation
under section 17 of the Children, Young Persons, and Their Families Act 1989.
Privacy Act 1993
Where the Children, Young Persons, and Their Families Act 1989 does not apply,
personal information may be shared under the Privacy Act 1993 where an exception to
principle 11 in section 6 applies. Principle 11(e)(i) permits disclosure where necessary to
avoid prejudice to the maintenance of the law, including the prevention, detection,
investigation, prosecution, and punishment of offences. For example Child, Youth and
Family may disclose information to Police about a suspected child abuse offender for
criminal investigation purposes; or Police may disclose information to Child, Youth and
Family about an offender’s criminal history where relevant to a care and protection
investigation.
8. Dispute resolution
It will not always be clear which cases meet the definitions of physical abuse, sexual
abuse and neglect within the CPP context. Staff are encouraged to use the CPP
consultation process to discuss these cases and attempt to reach a resolution about
whether the CPP process should be used.
Child, Youth and Family and Police shall attempt to resolve all disputes and differences in
relation to the performance of this protocol at a local level, for instance at the regular
CPP meeting.
CPP: Joint Operating Procedures, September 2016
Page 16
Escalation
Any issue which is unable to be resolved at the local level will be referred to the Child,
Youth and Family and Police escalation pathway set out in the Memorandum of
Understanding.
9. Training and professional development
Child, Youth and Family and Police commit to provide annual, joint training for all staff
involved in CPP cases.
In addition it is expected that each agency provides an induction for all new staff which
covers the CPP and its practical application.
Further professional development may occur between the parties as locally identified and
agreed. This may include more advanced training for experienced practitioners.
10. Quality Assurance
In order to provide confidence that the parties are meeting the requirements of the CPP,
Child, Youth and Family and Police will each put in place their own monitoring, reporting
and assurance systems for CPP activity.
The results of each agency’s respective quality assurance processes are shared to inform
joint professional development and continuous practice improvement.
Child, Youth and Family and Police will provide joint reporting to the Police/Child, Youth
and Family Governance Group as required.
11. Review of CPP
The CPP must be reviewed jointly every two years. A review may also be initiated by
either party by giving three months’ notice.
CPP: Joint Operating Procedures, September 2016
Page 17
13. Glossary
Child
Unless specified, ‘child’ means any child or young person under the age of 17 years at
the time of their referral but does not include any person who is or has been married (or
in a civil union).
Child, Youth and Family site
Local Child, Youth and Family office where care and protection social workers are
situated.
Child, Youth and Family National Contact Centre (NCC)
The National Contact Centre is the first point of contact for people to connect to services
within Child, Youth and Family. Social workers in the National Contact Centre receive,
assess and refer child protection concerns to a variety of pathways that includes Child,
Youth and Family or community responses. The National Contact Centre operates 24
hours seven days a week.
The number is 0508 FAMILY (0508 326 459) and
the email address is
[email address].
Child, Youth and Family CPP contact
The Child, Youth and Family staff member with responsibility for overseeing CPP cases in
a site.
CPP Record
Individual electronic record that records the details of the CPP case.
CPP Case List
A complete list of all CPP cases that are open to either Child, Youth and Family, Police or
both. This list is generated by Child, Youth and Family using the Te Pakoro Report 100
CPP Case List. This list is reviewed at least monthly during the CPP meetings.
Crime Reporting Line (CRL)
The Crime Reporting Line is a centralised call handling centre for Police Service. It
initiates action on CPP cases that are received from Child, Youth and Family. Each case
CPP: Joint Operating Procedures, September 2016
Page 19
is then placed in the appropriate district CRL drop box to be uplifted by the District Child
Protection Team.
Family violence cases
A CPP case is considered to be a family violence case when the offending (whether
physical abuse, sexual abuse or neglect) is alleged to have been committed by a family
member. This includes parents, step-parents, extended family members and whānau.
The offender does not need to be a part of the same household.
Initial Joint Investigation Plan (IJIP)
An initial plan jointly created by Child, Youth and Family and Police to record agreed
actions on the agreed template.
Medical practitioner
Paediatricians or general practitioners registered with the Medical Council of New
Zealand who have received specialist training and are working regularly in this field of
medicine.
Neglect
Neglect is when a person intentionally ill-treats or neglects a child or causes or permits
the child to be ill-treated in a manner likely to cause the child actual bodily harm, injury
to health or any mental disorder or disability. The ill-treatment or neglect must be
serious and avoidable.
Physical abuse
Physical abuse is when the actions of an offender result in or could potentially result in
physical harm or injury being inflicted on a child. This can also be known as a non-
accidental injury.
Police CPP contact
Police officer designated with responsibility for overseeing CPP cases in that station.
Sexual abuse
Sexual abuse is an act involving circumstances of indecency with, or sexual violation of,
a child, or using a child in the making of sexual imaging.
CPP: Joint Operating Procedures, September 2016
Page 20
Specialist child interview (SCI)/Specialist child witness interview (SCWI)
A recorded interview that can be used as part of an investigation where a child has, or
may have been, abused or witnessed a serious crime. It may later be used as evidence
in the Court.
Social work assessment interview (SWAI)
This was previously known as a Child Focused Interview (CFI).
14. List of acronyms
ACC
Accident Compensation Corporation
CPP
Child Protection Protocol: Joint Operating Procedures
CP Team
Child Protection Team, Police
CRL
Crime Reporting Line, Police
CYF
Child, Youth and Family
CYRAS
Child, Youth and Family’s electronic case management system
FVIARS
Family Violence Interagency Response System
IJIP
Initial Joint Investigation Plan
MAI
Mass Allegation Investigations
MoE
CPP: Joint Operating Procedures, September 2016
Page 21
Ministry of Education
NAI
Non-accidental injury
NCC
National Contact Centre, Child, Youth and Family
NIA
Police electronic case management system
RoC
Report of concern
SCI
Specialist child interview
SCWI
Specialist child witness interview
SWAI
Social work assessment interview
CPP: Joint Operating Procedures, September 2016
Page 22
CPP Meeting Minutes Template
Date:
Venue:
Attendees:
Apologies:
Standing agenda items:
review and update the CPP list to ensure all cases are recorded
confirm that all of the agreed actions from the IJIPs have been completed
case update on the progress of the Child, Youth and Family investigations
case update on the progress of the Police investigations
record any further tasks
advise any case investigations which have been closed and the outcome
discussion of any concerns or issues.
CASE NAME
UPDATE
Appendix 1 - CPP Meeting Minutes template
Family harm policy and procedures
link to page 2 link to page 2 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 7 link to page 7 link to page 7 link to page 7 link to page 8 link to page 8 link to page 8 link to page 8 link to page 8 link to page 8 link to page 8 link to page 8 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page 10 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 12 link to page 12 link to page 12
Table of Contents
Table of Contents
2
Policy statement and principles
6
What
6
Why
6
How
6
Police will provide an effective response to family harm which involves:
6
Overview
6
Purpose
6
Statutory references in this chapter
7
When do these policies and procedures apply?
7
When do they not apply?
7
Related information
7
Definitions
8
Active case management
8
Child/young person
8
Child abuse and neglect
8
Child or young person exposed to family harm (CYPeFH)
8
Child Protection Protocol (CPP)
8
Child Protection Team (CPT)
8
Close personal relationship
8
Coercive and controlling behaviour
9
Cumulative harm
9
Dynamic assessment
9
Family harm
9
Family harm graduated response model (GRM)
9
Family harm investigation
9
Family Intervention Teams (FIT) or High and Complex Risk Teams (HCRT)
9
Family member
9
Family relationship
10
Family violence
10
Family Violence Coordinator/ Family Harm Specialist
10
Family Violence Interagency Response System (FVIARS)
10
Family violence offence
11
Family violence reports (Pol 1310)
11
Frontline safety plan
11
Integrated Safety Response (ISR)
11
Intimate partner violence
11
Intimate partner
11
Multi-agency tables
11
Mutual participant
11
Ontario Domestic Assault Risk Assessment (ODARA)
11
Offender
11
OnDuty
12
OnDuty FMC
12
OnDuty Office
12
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Person at risk
12
Person posing risk
12
Pol FVIR
12
Police safety orders (PSO)
12
Predominant aggressor
12
Primary victim
12
Protection orders
12
Psychological abuse
13
Static assessment for family violence recidivism (SAFVR)
13
Sexual assault
13
Suspect
13
Total concern for safety
13
Whāngaia Ngā Pā Harakeke
13
Witness
14
Background
15
Family harm is a high priority for Police
15
Principles that guide Police practice
15
Characteristics of family harm
16
Key process points in a quality family harm investigation and later steps
20
Initial response – family harm investigation
22
An overview
22
Terminology
22
Outcomes
22
Process and procedures for a family harm investigation
22
Front counter staff
23
All staff attending or involved in family harm episodes
23
Investigation and crime scene examination
29
Gathering information, examining scenes and calling in assistance
29
Attending situations when firearms may be present
30
Corroboration
31
Search and Surveillance Act 2012 powers relevant to family violence offences
31
To enter to prevent an offence or respond to risk to life or safety
31
To search people in possession of arms
31
To enter places or vehicles to search for firearms
32
To enter and search for drugs
32
Duties when exercising powers under the Search and Surveillance Act 2012
32
Powers under the Oranga Tamariki Act 1989
32
To enter to enforce warrants in respect of children
32
To enter to remove child
32
To enter, search and place in safe custody (place of safety warrants)
32
Powers relating to breaches of Police safety orders
33
Executing warrants
33
Interviewing victims, witnesses and suspects
34
Interview early
34
Statements
34
Victims and other witnesses
34
Suspects
34
Child Protection Protocol referral/Pol 350 in OnDuty
35
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When to follow the Child Protection Protocol
35
Urgent steps to ensure child safety
35
Offending against children where there is physical or sexual abuse or neglect
35
When the Child Protection Protocol does not apply
35
Further advice
35
Deciding whether to arrest
36
Arrest if sufficient evidence of offending
36
Deciding if there is sufficient evidence of an offence
36
Insufficient evidence to charge
36
Charging offenders
37
Family violence offences and incidents
37
Choosing the right charge
37
Guides for determining charges
37
Breaches of protection orders
37
Dual defendants
38
Bail
39
Police bail for family violence offences
39
Restrictions on Police bail if a protection order is breached
39
Authorising Police bail
39
Opposing court bail
39
Bail conditions
39
Electronic monitoring bail and Police safety orders
39
Breaches of bail
40
Further information about bail and bail notices to victims
40
Prosecution or case disposition
41
Prosecution
41
Withdrawals or amendments of charges
41
Information about prosecutions to be given to victims
41
Supporting victims and witnesses to give evidence
41
Diversion
41
Authorising diversion in family violence cases
41
Restorative justice
41
Case clearance
42
Warnings
42
Prosecution file
42
Longer term safety, support and intervention
43
What happens after a frontline safety plan is in place?
43
Local agreements with support services
43
Privacy of victim's information on referral
43
Rights of victims
43
Monitoring, evaluation and training
44
Compliance monitoring
44
Family Violence Coordinators/Family Harm Specialists
44
Training
44
Active case management of family harm cases
45
What is active case management?
45
Tiered response
45
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Principles
45
Family Intervention of High and Complex Risk Team involvement
45
Case plans
45
Structure, coordination and monitoring
46
Evaluation and close off
46
Police family violence death reviews
46
Police employees and family harm
47
Purpose of this section
47
Policy
47
When do these policies and procedures apply?
47
Leave available for employees affected by family violence
48
Employees engaged in family harm investigations - no offence
48
Employees charged or convicted of family violence offending
48
Employees who are respondents of a protection order
48
Possession or use of weapons and firearms
49
Applications to vary protection order conditions
49
Leave to attend programmes or counselling
49
Confidentiality
49
Further assistance
49
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Family harm policy and procedures
Policy statement and principles
What
Family harm encapsulates a holistic view of the issues occurring within families and their ensuing detrimental effects.
Family violence is a subset of family harm which includes physical, sexual or psychological abuse within family
relationships. There may be behaviour that is coercive or controlling and causes cumulative harm.
Family harm is a high priority for Police and reducing the impact of family harm episodes is a key Police priority.
Why
There are wide reaching societal consequences of family harm including crime, poor physical and mental health and
poverty. The costs of failing to address family harm are extremely high. When attending family harm episodes Police aim to:
slow and eventually stop the family harm cycle/cumulative harm across generations
reduce serious harm such as the use of physical violence, sexual abuse and child abuse and neglect
reduce family harm related deaths (homicides and other related offences and suicides).
How
The family harm policy and procedures outline the steps Police will take when undertaking a quality family harm
investigation.
Police will provide an effective response to family harm which involves:
taking an ‘eyes wide open’ approach to all family harm investigations, recognising that early intervention helps to
stop and prevent family harm
being culturally responsive
ensuring all parties are kept safe including victims, children and Police
taking action with predominant aggressors/offenders through a prompt and comprehensive response
collecting specific risk information to enable effective assessment, planning and risk management for and with
victims and children and to guide decisions around appropriate action with an offender
working collaboratively across Police
working with partners as part of a multi-agency response.
Overview
Purpose
This chapter:
sets out the key
principles guiding the Police response to family harm episodes and provides information about the
characteristics of family harm
details procedures and guidance for the
initial response to family harm – family harm investigation including:
establishing context and circumstances, identifying the parties involved and their roles and undertaking
interviews
completing a dynamic assessment to help determine risk and ‘total concern for safety’
completing a frontline safety plan which is in place for at least first 72 hours post initial attendance
recording a quality narrative
submitting and approving a family harm investigation
providing information to others/agencies
details additional procedures and guidance at initial response, and later stages, where an offence is suspected
including:
investigation and crime scene examination
interviewing victims, witnesses and suspects
child protection protocol (CPP) referral/Pol 350 in OnDuty
considering
arrest,
charging,
bail and
prosecution to ensure victims' safety and that family violence offenders
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Family harm policy and procedures
are held accountable for their actions
includes information on
longer term safety, support and intervention, and a model for
active case management
includes information about
monitoring, evaluation and training
provides policy on Police employees and family harm.
Statutory references in this chapter
Unless otherwise stated, all statutory references in this chapter are to the
Family Violence Act 2018.
When do these policies and procedures apply?
These family harm policies and procedures only apply in situations where Police attend a family harm episode
and the
parties involved in that episode:
are in an intimate partner relationship, or
are family members.
When do they not apply?
These policies and procedures
do not apply to family harm episodes when the parties involved are:
flatmates, or
in a
close personal relationship but are not current or former intimate partners or family members.
While these relationships fall within the definition of a
‘family relationship’ in the Family Violence Act 2018, Police will apply
a business as usual response to wider family harm episodes, rather than these family harm policy and procedures. This is
because the tools used in a family harm investigation (see below) have been specifically designed for a familial situation.
Note: Police safety orders (PSO) apply for all types of family relationships.
Related information
Prosecuting family violence
Police safety orders
Protection and related property orders
Victims (Police service to victims)
Police Family Violence Death Reviews
Family Violence Court Protocol (Ministry of Justice)
TENR-Operational threat assessment
Arrest and detention
Bail
Charging decisions
Forced and underage marriage
Information sharing guidelines – family harm
Victim relocations
Your Family Violence Coordinator/Family Harm Specialist can also provide further information.
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Family harm policy and procedures
Definitions
This table outlines the meanings of family harm related terms and other terms used in this chapter.
Term
Meaning
The actions undertaken from initial attendance at a family harm investigation by Police, through inter-
Active case
management agency assessment and the subsequent integrated response by relevant agencies.
A person aged under 18 years at the time of a family harm investigation. (
s8)
Child/young
person
Intentionally ill-treating or neglecting a child or causing or permitting a child to be ill-treated in a manner
Child abuse
and neglect likely to cause the child actual bodily harm, injury to health or any mental disorder or disability. In the
context of the
Child Protection Protocol (CPP), the ill-treatment must be serious and avoidable.
A child or young person present at a family harm episode including children and young persons who
Child or
young person normally reside with the participants in the episode. This term also includes where a child or young person
exposed to
is present and no offence has occurred, or where an offence has occurred but they have not witnessed the
family harm episode or could not act as a witness due to age.
(CYPeFH)
The joint operating procedures between Police and Oranga Tamariki (OT) in cases of criminal offending
Child
Protection
against children.
Protocol
(CPP)
A specialist Criminal Investigation Branch (CIB) team that investigates allegations of child abuse and neglect.
Child
Protection
Team (CPT)
When considering whether a person has a close personal relationship with another person, the court must
Close
personal
have regard to the:
relationship
nature and intensity of the relationship, and in particular:
amount of time the people spend together
place(s) where that time is ordinarily spent
manner in which that time is ordinarily spent (it is not necessary for there to be a sexual
relationship between the persons), and
duration of the relationship
(
s14).
A person is not regarded as having a close personal relationship with another person by reason only of the
fact that they have with that other person:
an employer-employee relationship, or
an employee-employee relationship
(
s14).
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Coercive behaviour involves the use of force or threats to intimidate or hurt people at risk and instil fear.
Coercive and
controlling
Control tactics are designed to isolate the
person at risk and foster dependence on the
person posing risk.
behaviour
Together these abusive tactics inhibit resistance and escape.
Coercive behaviour:
violence – assaults, strangulation, sexual violence, etc.
intimidation – threats, jealousy, surveillance, stalking and destruction of property. Includes violence
directed at children and pets/animals.
Control tactics:
isolation – restricting the person at risk’s access to family, whānau, friends and support networks and
monitoring their movements
deprivation and exploitation of survival resources for everyday life – e.g. limiting access to food,
money and cell phones or controlling how the person at risk dresses.
Refers to the compounding effects of on-going neglect or abuse that diminish safety, stability and wellbeing.
Cumulative
harm
Patterns of neglect or abuse may not on their own appear serious, but can have very serious consequences
for people at risk over time. Children and young people are particularly vulnerable, especially if they are
under five years old.
Ten questions that are asked in all family harm investigations. The questions are asked of the
person at risk
Dynamic
assessment (or another person at the scene) about the behaviour of the
person posing risk, designed to gauge concerns
for safety. There are an additional two questions in cases of intimate partner violence and an additional four
questions if children usually reside at the address.
Encapsulates a holistic view of the issues occurring within families and their ensuing detrimental effects.
Family harm Family harm is the damage caused by adverse circumstances, vulnerabilities and/or negative behaviours
that often lead to long-term negative consequences. Family violence is a subset of family harm.
Is the tool used during a family harm investigation that uses the static assessment for family violence
Family harm
graduated
recidivism (SAFVR) measure and dynamic assessment results to produce the ‘total concern for safety’ in
response
bands of high, moderate or low. This calculated band defines a set of actions for officers to consider when
model (GRM) creating the frontline safety plan.
The investigation that takes place when Police are dispatched to (or attend) a family harm episode.
Family harm
investigation
Specialist multi-agency teams led by Police that focus on complex risk cases of family harm. FIT/HCRT
Family
Intervention responses include engaging with complex risk families, facilitating effective interventions in partnerships
Teams (FIT)
with the community and working to preserve the safety of those families. (Only located in some districts and
or High and have now become part of Whāngaia Ngā Pā Harakeke).
Complex Risk
Teams (HCRT)
A ‘family member’ means:
Family
member
any person who is or has been related to a person by blood, marriage, civil union, a de facto
relationship or adoption
any person who is a member of a person’s whānau or other culturally recognised family group (
s8).
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Family harm policy and procedures
A person is in a family relationship
(s12) with another person if the person:
Family
relationship
is a partner of the other person
is a
family member of the other person
ordinarily shares a household with the other person, or
has a
close personal relationship with the other person.
A person is not regarded as ‘sharing a household’ with another person by reason only of the fact that:
the person has with that other person:
a landlord-tenant relationship, or
an employer-employee relationship, or
an employee-employee relationship, and
they occupy a common dwelling house (whether or not other people also occupy that dwelling house).
To assist with the interpretation of ‘ordinarily shares a household’ see
Henry v Bishop (1999) 18 FRNZ 285. The
applicant and the respondent lived in the same boarding house. The courts ruled that they were not in a
domestic relationship, as they were neither sharing a household nor did they have a close personal
relationship.
Family violence is a subset of family harm. It is violence against a person by any other person with whom
Family
violence
that person is, or has been, in a family relationship.
Violence means:
physical abuse
sexual abuse
psychological abuse (
s9).
Violence includes a pattern of behaviour that is made up of a number of acts that can be all of or any of the
above kind and may include features of:
it is coercive or controlling
it may cause cumulative harm
(s9(3)).
The abuse may be either:
a single act, or
a number of acts forming part of a pattern of behaviour, even though some or all of those acts, when
viewed in isolation, may appear to be minor or trivial
(s10)
Every area has a dedicated Family Violence Coordinator/Family Harm Specialist who has an oversight of
Family
Violence
family harm and violence issues. They review family harm investigations, assist families with longer term
Coordinator/ safety plans and are actively engaged in
multi-agency tables (eg. the
FVIARS process).
Family Harm
Specialist
Each district has a lead for family harm – either as a full time district Family Violence Coordinator/Family
Harm Specialist, or as part of the District Victim Manager role.
Regular meetings (usually weekly) are held across districts (and some areas) between Police and key crisis
Family
Violence
agencies such as OT, Corrections and Women's Refuge. Family Violence Coordinators/Family Harm
Interagency Specialists share information from family harm investigations. At risk cases are identified, longer term safety
Response
plans put in place and other actions are agreed and implemented using a case management approach.
System
These meetings are sometimes called ‘multi-agency tables’.
(FVIARS)
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Family harm policy and procedures
There are specific offences in the Family Violence Act 2018 (breach of protection orders or related property
Family
violence
orders; failing to accompany for issue of a Police safety order; failing to comply with a direction to undertake
offence
an assessment and attend a non-violence programme/prescribed service). Other offences are found in a
range of statutes and are defined as a family violence offence when the victim and offender have a familial
relationship (as defined by the Family Violence Act). (See also
Family violence offences and incidents in this
chapter).
The family violence form set (Pol 1310) was used to record the outcome of attending family violence episodes
Family
violence
from July 2012 to May 2018.
reports (Pol
1310)
A plan formulated by frontline staff before leaving a family harm investigation to ensure safety actions have
Frontline
safety plan
taken place or are put in place to keep victims, tamariki and vulnerable people safe (and appropriate action
taken with the aggressor) for at least 72 hours. The frontline safety plan should be in place for enough time
to enable a
multi-agency table response or for a Police team to review the investigation and safety actions
to determine next steps for further longer-term safety.
Officers will be guided by the total concern for safety and use the safety actions suggested by the family
harm GRM (as a minimum) and will also put into place any other safety actions they deem necessary for at
least 72 hours.
See the
Frontline Safety Plan handout for more details.
Integrated Safety Response (ISR) is a multi-agency response to family harm that is being piloted in
Integrated
Safety
Christchurch and Waikato, in place of FVIARS.
Response
(ISR)
Multi-agency partners meet on a daily basis and assess the collective information to ascertain the level of
risk whānau are exposed to as the basis of a safety plan. The safety plan includes actions with victims,
offenders and children; one agency is assigned as the lead agency.
Intimate partner violence is violence by one person against another person who is or was their partner or
Intimate
partner
spouse or with whom they are in an intimate or consensual sexual relationship.
violence
Intimate partners can be heterosexual, homosexual, transgender or bisexual.
Intimate
partner
A term some districts use for multi-agency meetings held to plan for longer term safety.
Multi-agency
tables
Mutual participants can be used to describe the roles in a family harm investigation where:
Mutual
participant
no offence has occurred
there is no history of family harm, and
you cannot establish a pattern of coercive and controlling behaviour.
ODARA was the risk assessment tool used to predict recidivism of assault in intimate partner relationships. It
Ontario
Domestic
was decommissioned in May 2018.
Assault Risk
Assessment
(ODARA)
A person who has been charged with or convicted of a family violence offence.
Offender
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The mobile application running on a Police mobile device providing the core information and interfaces
OnDuty
required for policing activities and tasking systems. A family harm component assists the family harm
investigation by allowing completion of much of the investigation, including risk measures and the frontline
safety plan, at the scene. It replaced the Pol 1310 family violence report series in May 2018.
A web interface for File Management Centres (FMC), enabling FMC to ‘grab’ and fix conflicts in family harm
OnDuty FMC investigation reports (before going through to NIA) and return reports to officers if further information is
required.
A desktop version of OnDuty to be used by front counter staff when family harm is reported at the station,
OnDuty
Office
staff completing family harm investigations, Supervisors and Family Violence Coordinators/Family Harm
Specialists when compiling reports for multi-agency tables.
This is the person at a family harm episode who, taking into account context and circumstances, is deemed
Person at
risk
to be most at risk of being harmed once officers have left a scene – regardless of whether they are
considered to be the predominant aggressor, primary victim, offender or victim. The person at risk (and any
vulnerable people or tamariki) is the person who is asked the dynamic assessment questions and for whom
safety actions will be completed prior to officers leaving the scene.
This is the person at a family harm episode who, taking into account context and circumstances, is most
Person
posing risk
likely to cause harm once officers have left the scene – regardless of whether they are considered to be the
predominant aggressor, primary victim, offender or victim. The person posing risk is the person who the
dynamic assessment questions are asked about. Officers will take appropriate action with the person posing
risk prior to leaving the scene as part of the frontline safety plan if required, regardless of whether an
offence has occurred or not.
Police family violence investigation report used until 1 July 2012.
Pol FVIR
Short term (up to 10 days) safety orders issued by Police attending a family harm episode where no family
Police safety
orders (PSO) violence charge can be made but concerns remain for the safety of the people involved. (For more
information see the
Police Safety Orders chapter).
The most significant or principal aggressor who has a pattern of using violence (not necessarily physical) to
Predominant
aggressor
exercise coercive control in the abuse history of a relationship. This is usually the person posing risk but can
also be the primary victim (eg. some intimate partner violence homicides are committed by the primary
victim using resistive violence).
The person in the abuse history of a relationship who is experiencing coercive and controlling behaviours
Primary
victim
from a family member or intimate partner. Where an offence has occurred this person is often referred to as
the victim.
Issued by the Family or District Court either on application or on sentence on a family violence charge. Can
Protection
orders
also be issued as a temporary protection order following breach of a PSO, where the court believes the
standard (and other conditions) of the order are necessary for the safety of a victim (including their
children).
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Psychological abuse includes:
Psychological
abuse
intimidation or harassment (eg. watching, loitering near, or preventing access to places; following
about, stopping or accosting; trespassing)
damage to property
ill-treatment of household pets or other animals to affect a person’s wellbeing
financial or economic abuse (eg. denying or limiting access to money or preventing/restricting
employment opportunities and education)
hindering use of or removing access to devices, medication or other support
threats of physical or sexual abuse or of the kind described above.
(
s11).
Psychological abuse of children
A person psychologically abuses a child if they:
cause or allow the child to see or hear the physical, sexual, or psychological abuse of a person with
whom the child has a
family relationship, or
put the child, or allow the child to be put, at real risk of seeing or hearing that abuse occurring.
(s
11(3))
This does not apply to the person who suffers the abuse.
A statistical model that calculates a person’s likelihood of committing a crime against a person within the
Static
assessment context of a familial relationship within the next two years. It is based on a range of data police have access
for family
to (eg. previous history and convictions). The likelihood will be high, moderate or low. This measure can be
violence
found in OnDuty and NIA. This measure is used at the family harm investigation to assist in determining the
recidivism
total concern for safety.
(SAFVR)
Sexual assault includes but is not limited to:
Sexual
assault
sexual violation by rape or unlawful sexual connection
indecent assault/sexual conduct
any form of unwanted or coercive touching or actions of a sexual nature or in circumstances of
indecency
any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken belief
incest.
(See
Adult sexual assault investigation (ASAI) policy and procedures and
Sexual offences in the Police
Manual for further information).
A person who is suspected of committing an offence.
Suspect
The
SAFVR measure and answers to the dynamic assessment questions are combined in OnDuty to
Total concern
for safety
determine the ‘total concern for safety’. This can be high, moderate or low. It guides officers towards the
family harm GRM to determine what safety actions the officer(s) will take to create the frontline safety plan.
Whāngaia Ngā Pā Harakeke (WNPH) describes the way Police are deploying Police resources (alongside iwi,
Whāngaia
Ngā Pā
community and multi-agency partners) for support to whānau post initial attendance. This model has been
Harakeke
piloted in Counties Manukau, Tairāwhiti (Gisborne) and Te Hiku (Kaitaia).
Police, Iwi, agency partners and non-government organisations use a collaborative approach to prevent
ongoing family harm. WNPH comprises a daily triage, a Kaiāwhina team, FIT and HCRT.
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A person who has witnessed a family harm episode and is capable of making a statement to Police. If the
Witness
family harm investigation proceeds to a prosecution, a witness means a person who gives evidence and is
able to be cross-examined in a proceeding. (
s4 Evidence Act 2006)
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Background
Family harm is a high priority for Police
Family harm is responsible for approximately 17% of Priority 1 calls for Police service and approximately 40% of Police time.
The New Zealand Crime and Safety Survey (2014) identified 76% of family violence is not reported meaning the amount of
family harm in New Zealand is significant. (See the ‘
Impact of family harm video’ – called the ‘
Not our Normal video’ - for
more information).
Family harm is a high priority for Police and reducing the number and impact of family harm episodes is a key Police
strategy. Police take every opportunity to prevent harm and reduce offending and victimisation. Police is committed to a
prompt, effective and nationally consistent approach to family harm episodes in collaboration with other agencies/iwi and
with community partners.
When attending family harm episodes Police aim to:
slow and eventually stop the family harm cycle/cumulative harm across generations
reduce serious harm such as the use of physical violence, sexual abuse and child abuse and neglect
reduce family harm related deaths (homicides and other related offences and suicides).
Police support the purpose of the Family Violence Act 2018 (
s3(1)) which is to stop and prevent family violence by:
recognising that family violence, in all forms, is unacceptable
stopping and preventing offenders from inflicting family violence
keeping victims, including children, safe from family violence.
Principles that guide Police practice
An effective Police response to family harm is based on the following principles:
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Principle
Police actions
Early
Recognising that early intervention helps to stop and prevent family harm. This requires an eyes wide
intervention
open approach at all family harm investigations. (See the ‘
Eyes wide open video’)
Culturally
Responses to family harm should be culturally appropriate and, in particular, responses involving
appropriate
Māori should reflect tikanga. This requires a sensitive approach at all family harm investigations that
acknowledges the culture of those involved and provides culturally appropriate solutions, as relevant.
Safety
Ensuring all parties are made safe and kept safe, particularly victims, whose safety is paramount. This
may include facilitating access to support services to help secure safety.
Children are especially vulnerable (though they may not be the primary victim) and before leaving the
premises, attending officers must ensure they have no concerns regarding any child's safety.
Officers must also be aware that attending family harm episodes is one of the most dangerous parts
of their job and that precautions may be necessary to secure their own safety.
Collecting risk
Collecting specific risk information to enable effective assessment, planning and risk management to
information
victims and to guide decisions around appropriate actions for offenders. Family harm processes
include the SAFVR measure and dynamic risk assessment at the scene which combined determine the
total concern for safety. The total concern for safety also contributes to a multi-agency risk score
when combined with the risk assessed by other agencies.
Accountability
Holding predominant aggressors and offenders to account for their actions, by activating a prompt
and comprehensive response. This includes undertaking a thorough quality family harm investigation
and where evidence of criminal offending exists, the decision to charge and filing of a charge will
reflect the nature of the offending and be made in accordance with the Solicitor-General’s
Prosecution Guidelines.
Where offenders may benefit from supportive interventions to change their behaviours, directing
them into programmes that will stop and prevent harm.
Working
Police must:
collaboratively
coordinate responses to family harm through Family Violence Coordinators/Family Harm Specialists
across relevant internal work groups, including FHTs, CPTs, ASA Teams, Youth Aid and Youth Education
Teams, CIB, Iwi/Pacific and Ethnic Liaison Officers and other frontline employees
be part of a coordinated collaborative multi-agency table response that aims to enhance information
sharing and meet the multiple and varied needs of families
provide quality information to multi-agency tables which enables the best support for families in
need
apply active case management principles and processes.
Characteristics of family harm
Family harm encapsulates a holistic view of the issues occurring within families and their ensuing detrimental effects. The
harm generated within families is caused by multiple factors that tend to exist against a backdrop of adverse
circumstances (vulnerabilities, compounding factors and negative behaviours).
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There are
wide-reaching societal consequences from family harm including crime, poor physical and mental health and
poverty. The costs from failing to address family harm are extremely high. Māori are grossly over-represented in family
harm statistics, both offending and victimisation, and across all areas of the vulnerabilities, compounding factors and
negative behaviours in the diagram above. This in part stems from the historical trauma Māori suffered (refer to training on
the legislative impacts on Māori through
colonisation and the impacts of
urbanisation).
It is important to remember family harm can impact anyone, including occurring in families who are affluent. All family
harm investigations require an open mind.
Family violence is a subset of family harm. Family violence includes physical, sexual or psychological abuse within family
relationships that may be coercive or controlling and cause cumulative harm. It can be a single episode or a number of
episodes forming a pattern of behaviour or series of events. An act of violence is often an escalation of an ongoing pattern
of coercion and control.
One model used to understand coercion and control in family violence is the Duluth
power and control wheel which
highlights the tactics of abuse most universally experienced by battered women. Tactics include intimidation, isolation,
emotional and economic abuse and using children to manipulate. An example of intimidation is abusers use of overt
threats and actual harm to animals as a tool to control their family. 36.5% of intimate partner violence victims/survivors
report a pet or animal had been injured or killed.
Another concept that helps to explain the complexity of family harm dynamics is
entrapment and resistance. Victims are
trapped by an abusive partner’s coercive and controlling behaviours. Victims of family harm commonly suffer from low
self-esteem and isolation caused by the violent behaviour. Victims are unable to act or to leave the violent relationship for
many reasons, including the fear of further violence. Victims often need external help to extract them and may use
violence to wrench themselves free.
The majority of family harm investigations Police record are intimate partner violence and the predominant aggressor is
mostly male and the primary victim female. Men’s violence is more likely to result in serious injury and intimidation and
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fear. Women are more likely to use violence in self-defence (resistive violence).
Children are typically present at half of all family harm episodes. Children can be exposed to family harm (CYPeFH), be
witnesses of family harm and/or be victims of child abuse and neglect. Children are particularly vulnerable to family harm,
including seeing or hearing harm against others. They are at risk of lasting harm to their current and future wellbeing.
Some of the
impacts on tamariki who have been exposed to family harm include difficulty learning, becoming an offender
or victim, increased chance of mental illness and suicide, increased chance of alcohol and/or drug abuse and difficulty
forming attachment. There is evidence that exposure to significant stress (such as ongoing family harm) whilst pregnant,
can impact the development of babies in utero.
There is a high rate of co-occurrence between intimate partner violence and child abuse and neglect but these are not
necessarily separate forms of violence. There can be a double level of intentionality where an act directed towards one
individual is intended to affect another or others in order to keep and/or increase control over both.
It is important to note a family harm investigation could also identify children and young people in the role of predominant
aggressor. For example, children exposed to family harm and who may have experienced a lack of stability through
multiple placements as a result of state care may be more at risk of inflicting family violence on parents or caregivers as
they get older.
People with disabilities and other people (eg. due to their age or health condition or to any other cause) may also be
particularly vulnerable to family harm.
An area of increasing concern is the use of technology in family harm. Use of technology provides aggressors with a
pervasive way to control, coerce, stalk and harass their victims. It includes a range of behaviours. These include sending
abusive text messages or emails, making continuous threatening phone calls, spying on and monitoring victims through
the use of tracking systems, abusing victims on social media sites, and sharing intimate photos of the victim without their
consent (‘revenge porn’).
As well as intimate partner violence and child abuse and neglect, Police attend other types of family harm episodes and
must understand the variations in the types of relationships between primary victims/predominant aggressors and their
interactions in order to be effective in their responses. Other types of family harm include:
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Type
Description
Teen
This is a growing and recognised area of concern in New Zealand where young people in relationships are
dating/teen
engaging in more harmful behaviour. It may include the use of technology to inflict harm. Teen harm also
harm
includes increasing cases of young people using family harm against parents and caregivers.
Elder abuse
This is a crime often concealed by the victim’s shame or inability to speak out and is most often inflicted by
children of the victim. Family harm towards older people usually involves breach of trust and most
commonly, psychological and financial abuse. Elder abuse is known to be under-reported and our older
population is growing.
Honour based As New Zealand becomes a more multi-cultural society honour based harm/violence is becoming more
harm/violence prevalent. Honour based harm/violence is a crime or episode which has or may have been committed to
protect or defend the honour of a family and/or community. Women are predominantly (but not
exclusively) the victims of honour based harm/violence, which is used to assert male power in order to
control female autonomy and sexuality. It is generally inclusive of coerced marriages (including abduction
for this purpose) and may also include bigamy, family violence, dowry, kidnap, forced repatriation, female
genital mutilation, acid attacks, blood feuds, honour killings, self-harm (suicide), and sexual attacks.
See
Coerced and under age marriage/civil union for more information.
LGBTQI
Statistics indicate that there is an increasing number of LGBTQI people involved in family harm episodes.
(Lesbian, Gay, Harm within LGBTQI relationships may include different features more specific to the LGBTQI community eg.
Bisexual,
making fun of gender or sexual identity and withholding hormones or gender affirming items. Those in
Transgender, LGBTQI relationships may avoid seeking help due to the concerns about the potential phobic assumptions
Queer or
of organisations and individuals.
Questioning,
and Intersex)
harm
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Key process points in a quality family harm investigation and later steps
This table outlines key process points when responding to and investigating family harm episodes. They work within the
overarching case management process which guides Police workflow. Not all steps will apply in every episode and the
order may vary depending upon the circumstances. Some steps will be ongoing or apply more than once during the
process.
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Stage Description
Actions
All
Active case
Case management commences at initial response through to case closure. For each episode Police
stages management
must continually assess the resources and interagency assistance that will provide the best
response and help prevent further episodes.
1
Initial response Undertaking a quality family harm investigation that involves:
– family harm
establishing context and circumstances, identifying the parties involved and their roles and
investigation
undertaking interviews
completing a dynamic assessment
completing a frontline safety plan
recording a quality narrative
submitting and approving a family harm investigation
providing information to others/agencies
appropriate coding of offences. See
National Recording Standard chapter.
2
Investigation
Procedures in a family harm investigation where there is evidence an offence has been
and crime scene committed.
examination
3
Interviewing
Advice on interviewing at a family harm investigation where there is evidence an offence has been
witnesses,
committed.
victims and
suspects
4
Child Protection Advice on when the CPP does and doesn’t apply and the steps to take.
Protocol
referral/Pol 350
in OnDuty
5
Considering
Where evidence of criminal offending exists, the decision to arrest will reflect the nature of the
arrest
offending and be made in accordance with the Solicitor-General’s Prosecution Guidelines.
9
Charging
Filing charges where there is evidential sufficiency with reference to the Solicitor- General’s
Prosecution Guidelines to reflect the nature and seriousness of the offending.
10
Bail
Ensuring Police bail is only granted where appropriate and that opposition to bail and bail
conditions reflect the needs of the case. Note: ‘Primary consideration is the need to protect the
victim of the alleged offence, and any particular person or people in a family relationship with the
victim’.
11
Prosecution or
Preparing for prosecution or otherwise disposing of the case.
case disposition
12
Longer term
Sharing relevant information internally and at multi-agency tables for longer term safety planning
safety, support and action.
and intervention
13
Monitoring and Monitoring and evaluating trends and data.
evaluation
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Initial response – family harm investigation
An overview
The focus for Police at initial response is to undertake a quality family harm investigation. This involves:
looking at and documenting the context and circumstances of the episode (irrespective of whether an offence has
occurred)
considering any adverse circumstances, including vulnerabilities, compounding factors and negative behaviours
identifying where there is a pattern of coercive and controlling behaviour
spending time responding to the needs of children/tamariki
taking appropriate action with the predominant aggressor
taking safety action at the scene with the victim, tamariki and vulnerable people.
A family harm approach takes a comprehensive view of the issues occurring within families to address the underlying
causes of harm. Police need to view the situation as a whole with eyes wide open, be able to recognise family harm
dynamics, the context of the harmful behaviour and the circumstances, and get a greater understanding of what is really
going on.
Tools that support a quality family harm investigation include OnDuty, risk measures (SAFVR measure and dynamic
assessment which determine the total concern for safety) and the family harm GRM which populates the frontline safety
plan.
Terminology
The terminology used for the roles of people involved in family harm investigations describe the role each person has
played in the
wider context of family harm in that relationship or family. These roles are:
primary victim
person at risk
predominant aggressor
person posing risk
mutual participant
CYPeFH.
Where an
offence has occurred (family violence related or other), people involved in a family harm investigation can also
be a witness, offender or suspect, or victim.
Note: there is an important distinction in these roles, you will need to be conversant with the terminology.
Outcomes
A quality family harm investigation enables early intervention by:
ensuring we have the best quality of evidence to put before the court
substantiating the evidential sufficiency to make an arrest where required
understanding the context of the environment for the whānau to take the best safety actions at the scene
providing high quality information to other police and partners so the right help is given to whānau who need help.
The safety action taken at initial attendance will be the basis for any ongoing safety action taken by Family Violence
Coordinators/Family Harm Specialists or multi-agency tables (eg. FVIARS, ISR, WNPH).
It will also lead to better outcomes for the families we are helping. In some cases police can recognise coercive and
controlling behaviour and act before violence has occurred thereby preventing harm.
Process and procedures for a family harm investigation
A family harm episode can come to Police attention via:
a victim or other person seeking help at the front counter or from the Comms Centre
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an officer coming across an episode while involved in another incident.
See Poster showing the
Family harm environment
Front counter staff
Where front counter staff provide the initial response they can refer the episode to the Comms Centre for dispatch, involve
an officer or capture family harm report details themselves (completing the relevant steps below) using OnDuty Office.
Completing as much detail in the report as possible themselves provides better customer service and enables victims to be
attended to as early as possible. Each district may apply business rules differently regarding when non-constabulary staff
should pass a family harm report to an officer for investigation.
Where the Comms Centre is involved in dispatching a family harm investigation, front counter staff use OnDuty Office to
record relevant core details including people and vehicles involved and any known firearms and drugs history.
All staff attending or involved in family harm episodes
The steps below outline procedures if you are called to attend or become involved in a family harm episode and the
different roles of Police staff involved in the investigation.
Your safety and that of any victims is paramount.
Step
Action
1 – Review information The 5F (CARD event) arrives in
OnDuty and the officer/s is able to review information and be well
prepared when arriving at the scene. Information includes:
location, including previous family harm episodes at that location
people involved, including previous family harm investigations involving those people and
any SAFVR measures
whether there are any PSOs, parenting, protection or related property orders in place.
Ensure you have sufficient resources to deal with the situation and request further assistance if
required. If possible, family harm episodes should be attended by a minimum of two staff and
single unit responses avoided except in emergencies. Apply
TENR.
2 – Create a family harm Once you have reviewed the CARD event details the first officer can create the family harm
investigation
investigation in OnDuty. They become the reporting officer responsible for submitting the
completed investigation.
As soon as the occurrence details and event supervisor is entered, the investigation becomes live
in OnDuty and OnDuty Office for your supervisor to monitor and provide guidance as useful. In
OnDuty you can collaborate on a family harm investigation with your partner officer or add other
officers in (eg. CIB) if required.
3 – Enter premises
When entering the premises, treat the scene as you would any other type of serious offending. See
Investigation and crime scene examination for information about entry powers. Anticipate that:
drugs, alcohol, firearms or weapons may be involved
harm may be continuing
the parties may be non-compliant and are likely to be in an agitated and highly emotional
state which may affect their ability to think rationally
the primary aggressor or other parties may be mentally unstable
children and young people are likely to be traumatised and/or highly agitated.
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4a - Undertake a quality NRS Core Data Principles and Rules relate to the use of incident and task codes as flags or as
family harm
holding codes.
investigation to
In family harm situations, if an offence is disclosed, it must be recorded as an offence in
preference to using an incident code (5F). The exception is where a PSO is issued, whereby
establish if an offence
NIA forces entry of a 5F incident.
has occurred
For child protection issues – if the initial report discloses an offence, record it alongside the
6C – Child Protection code
For sudden deaths – at the point in time where there is an allegation or suspicion that
someone might be criminally liable for the death, record the relevant offence being
investigated in addition to the 1S – Sudden Death code
When information is received about an offence, it must be recorded as an offence , not as a
generic code such as 2I – Information, or 1Z – Other Incident.
NRS Core Data Principles and Rules outline when victims must be recorded. For offences against
the person:
the primary intent options are likely to be: kill, injure/hurt, threaten, neglect, gain (e.g.
robbery and extortion), gratification (sexual assaults)
record the most serious offence against the person even when it is part of an offence
against property
with the exception of threats (see below) - it will always be a person being targeted, the
victim. In practice this means an offence needs to be recorded for each victim
record every person offended against as a victim. (See NRS Guidance ‘offences against a
person coding guide’)
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4b – Undertake a
Take an eyes wide open approach looking beyond the physical evidence for signs of family harm
quality family harm
(including power and control and entrapment/resistance) or that an offence has taken place.
investigation (establish Think about the
characteristics of family harm and different types of family harm.
context and
circumstances, identify Based on the information to hand and where no offence has occurred, decide who is the
the parties and their
predominant aggressor and primary victim. Identify the roles of other parties at the scene. These
roles and undertake
may include CYPeFH or mutual participants.
interviews)
Investigate with a view to who did what, for example, the behaviour of the predominant aggressor
and revealing the primary victim’s responses and resistance. Delve into the dynamics of the
relationship and the wider context of what is happening in the family situation and environment.
Capture the perspective of each party.
Understand the difficult and harmful situation a primary victim is in and look for ways to establish
their trust. Document the context of harm they are experiencing, remembering they are not to
blame. This might be the time the primary victim opens up and feels strong enough to ask for
help. Use non-judgemental language – the primary victim should not feel judged for not leaving
the situation or treated poorly because you think they should leave.
Predominant aggressors are often charismatic and manipulative and will often have excuses for
their bad behaviour. Trauma in their past is not an excuse for bad behaviour.
In relation to tamariki/children:
physically sight them
introduce yourself and describe your role in simple terms
sit or squat so you are physically at their level and able to make eye contact
acknowledge that something upsetting has happened
don’t ask them about or focus on details of the episode itself. You can be most helpful by
giving them factual information as well as addressing questions and concerns they may
have. Communicating directly to children shows you realise how upsetting the events and
circumstances might be
explain to them why any use of force by police may have been necessary
describe in clear terms what is going to happen next (eg. what is going to happen to the
parents, what is going to happen to them and where they will stay tonight, etc.)
be realistic. Do not say ‘everything will be okay’ or make promises you cannot keep.
If you need assistance with language and cultural issues, consider using an Iwi, Pacific or Ethnic
Liaison Officer to liaise with families.
Where there is evidence of an offence having been committed, reassign the 5F to the appropriate
offence code/s and refer to and follow procedures/advice outlined in Investigation and crime
scene examination and Interviewing victims, witnesses and suspects. If an offence includes
children, follow procedures in
Child Protection Protocol referral/Pol 350 in OnDuty.
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4c – Undertake a family Regardless of the parties identified above, determine who is most at risk in the current episode
harm investigation
and who is creating that risk. These will be the person at risk and person posing risk in the family
(complete dynamic
harm investigation. This will most often be the primary victim and predominant aggressor.
assessment)
Sometimes the primary victim can be the person posing risk at episodes, eg. where they are using
resistive violence.
Undertake the
dynamic questions with the person at risk about the person posing risk. You can
ask the person at risk the questions or they can answer these themselves using OnDuty in a
guided view (eg. if talking out loud poses a risk). This is also available in Te Reo Māori. If a person
at risk is unable to or refuses to answer the dynamic questions, you can:
ask other people at the scene if it is safe to do so
derive answers from what has been discovered throughout the investigation
use previous responses (if they exist) and it is appropriate for the circumstances
make a judgement based on the investigation as to the level of concern for safety.
It is preferable that an adult answers the questions, however, a young person may be competent
to respond when appropriate to do so. Before questioning the young person, consider whether
there is any risk or ongoing safety concerns, should they answer and remain in the home.
OnDuty will only present you with questions that need to be asked as part of the dynamic
assessment based on the individuals and their relationship that you have already identified.
There are 10 standard questions, an additional two questions in cases of intimate partner
violence and an additional four questions if children usually reside at the address.
Provide a contextual explanation to questions answered YES. (This information will not need to be
repeated in the narrative as the dynamic assessment will make up part of the report).
Some dynamic questions, when answered YES, will automatically determine there is a high risk as
there are lethality factors present. There may still be a determination of high risk, whether or not
lethality questions are answered YES.
Any child related questions answered YES need to form part of your cumulative understanding
regarding harm against the children and your consideration of whether or not a CPP referral/Pol
350 should be made to Oranga Tamariki or OT involved in the investigation. Any concerns for child
welfare where the threshold for neglect or intentional ill-treatment is not reached (as per the
CPP) should be raised in the investigation report. The CPP referral is available to create from the
frontline safety plan (see below).
4d – Undertake a family The SAFVR measure and answers to the dynamic assessment will combine in OnDuty to give you
harm investigation
your total concern for safety. This can be high, moderate or low. The level calculated will
(determine total
influence which actions are recommended in the family harm GRM. The safety actions you take at
concern for safety)
the scene from the family harm GRM and any other actions you take forms the frontline safety
plan.
4e – Undertake a family Once the total concern for safety is established, the family harm GRM provides a range of safety
harm investigation
actions to consider (see also the related
Handout).
(complete frontline
safety plan)
The family harm GRM identifies what can be done to create a window of safety for the primary
victim, vulnerable people and tamariki and to take appropriate actions with the predominant
aggressor: keeping in mind agency responsibility for safety actions. (Note: the higher our level of
concern for a victim’s safety, the more difficult it is for them to take responsibility for their own
safety, so the onus is on Police and other agencies to help).
Consider green actions in the frontline safety plan, as a minimum, where there is a
low level of
concern for safety – here we consider that the person at risk is able to take a greater role in the
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responsibility for their own safety and that of vulnerable people at their address and tamariki.
The majority of actions are to ensure the victim is able and willing to get help when and if they
need it (eg. do they have a working phone;
will an arrest be made and if so will bail be opposed
and why; will a
PSO be issued; does a
CPP referral/Pol 350 need to be completed or OT called if
there are immediate safety concerns).
Consider orange actions in addition to green where there is a
moderate level of concern for
safety. Here we consider that the victim can take some responsibility for their own safety. The
majority of additional actions are to ensure that whānau or friends not living at the address and
neighbours are available to help (eg. have neighbours been spoken to; create an alert for a
person, vehicle or location if required).
Consider red actions in addition to green and orange where there is a
high level of concern for
safety. Here we consider that the victim is unable to take much of a role in the responsibility for
their own safety and look to physically remove them, vulnerable people and tamariki from the
situation or, if the predominant aggressor has been removed, ensure that victims have a way to
get immediate help from Police should they need it (eg. victim safety alarms; special situation
report; phoning Women’s Refuge to arrange placement; safety check within 72 hours).
TRUST YOUR GUT – if the family harm GRM options do not seem robust enough for the situation,
you may add additional or more comprehensive actions into your safety plan. Multiple safety
plans can be developed as required.
VICTIM’S VIEWS ON BAIL – when an arrest is made, it is important that victim’s views on bail are
obtained as part of the frontline safety plan. (
s8).
Note: Primary consideration is victims safety.
Note: Leave the scene believing you have done what you can to keep the primary victim,
vulnerable people and tamariki safe for at least 72 hours from the time you leave the scene. 72
hours provides time for a multi-agency table (eg. FVIARS, ISR, WNPH) or review by a Family
Violence Coordinator/Family Harm Specialist to ensure sustainable safety for victims and ongoing
action with the aggressor.
Safety plans are an essential part of responding to victims' needs and managing ongoing risks.
They also can help victims understand their level of risk and take some control over their
situation. Advise the people being protected by the safety plan about local and national support
services and what happens next (multi-agency safety planning and information sharing with other
agencies). Attending police must provide family harm victims with appropriate and timely support
and information about services and remedies. (This is an obligation on Police under the Victims’
Rights Act 2002).
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4f – Undertaking a
Once you’ve uncovered the full picture, record a clear, concise and complete summary of the
family harm
situation in OnDuty. A good quality narrative can be used in many ways (eg. in court proceedings,
investigation (recording in future family harm investigations involving the same people or locations).
a quality narrative)
Note: the family harm report/investigation narrative reaches a wide audience across the sector.
Apply the
Police organisational values and the
SELF test.
Include in your narrative/report things that may indicate vulnerabilities or compounding factors,
for example:
lack of food, bedding or warm clothing
unsafe or unsanitary surroundings or conditions
any signs that may indicate a family is having trouble managing their finances
any health issues
any signs the family is struggling to cope
children presenting with symptoms related to post traumatic stress disorder such as
aggressive outbursts, anxiety, self-destructive behaviour etc.
Note down information about the children and what you spoke with them about.
5 – Submit family harm Submit the completed family harm investigation/report for approval. Ensure that offences
investigation
accurately reflect your family harm investigation and comply with
National Recording Standard.
Where an offence is identified the 5F is automatically replaced by a FV flag alongside the specified
offence code.
Other material relevant to the family harm investigation that is not able to be captured in OnDuty
should be attached to the investigation in NIA. This might include statements, job/exhibit sheets,
PSO form, photos etc.
6 – Approve family harm The Supervisor reviews and approves the family harm investigation. As soon as they click approve,
investigation and
the family harm investigation is:
information provided to
sent to NIA or diverted to FMC to manage any conflicts (and then onto NIA)
others/agencies
updated in OnDuty Office as complete – Family Violence Coordinators/Family Harm
Specialists and others use the information in OnDuty Office to inform multi-agency
assessment and response (note incomplete investigations can also be shared)
sent to the ISR Family Safety System for daily multi-agency safety planning.
If a CPP (Child Protection Protocol) referral has been completed in OnDuty, once approved by a
supervisor an email is automatically sent to the Oranga Tamariki National Call Centre and to the
Police Child Protection Team responsible for the location where the episode is recorded. The
email contains a copy of the referral document and the Family Harm investigation.
Refer to
Police employees and family harm for extra guidance on responding to episodes when Police employees are
involved in family harm.
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Investigation and crime scene examination
Gathering information, examining scenes and calling in assistance
A thorough crime scene investigation and examination may require collection of additional material than what can be
recorded in OnDuty. This should be attached to the investigation in NIA. Use this table as a guide when gathering additional
information, scene examination and when calling for assistance as part of a family harm investigation where an offence is
suspected or has occurred.
Step Action
1
Follow the normal procedures for investigating serious offending and for crime scene examination. From the outset,
investigate the matter with a view to being able to prove the charge without the victim’s involvement.
2
Check for firearms or other weapons and secure these. See
Attending situations when firearms may be present for
additional procedures.
3
Call for medical assistance if required. In particular, check for signs of and symptoms of strangulation in relation to
any of the victims.
If strangulation or suffocation is suspected:
accurately document the signs and symptoms. Look not only for physical signs but ask about symptoms the
victim may be experiencing including but not limited to:
neurological – loss of memory, loss of consciousness, behaviour changes, loss of sensation, extremely
weak, difficulty speaking, fainting, urinating, defecation, vomiting (check for change of clothing), dizziness,
headaches
eyes/eyelids – petechiae, bloody red eye ball, vision changes, droopy eyelids
face – petechiae (small red spots) on forehead, scratch marks, facial drooping, swelling
chest – chest pain, redness, scratch marks, bruising, abrasions
voice/throat changes – raspy voice, unable to speak, trouble swallowing, clearing the throat, coughing,
nausea, drooling, sore throat
scalp – petechiae, bald spots from hair being pulled, bump to the head from falling to the ground
ears – ringing in the ears, petechiae bruising behind ear, bleeding in ear
mouth – bruising, swollen tongue, swollen lips, cuts/abrasions, internal petechiae
breathing changes – difficulty breathing, respiratory distress, unable to breathe
look for evidence to corroborate how long force was applied:
6 - 8 seconds – unconscious
anoxic seizures follow for 2 – 8 seconds (did a child witness the victim spasm?)
15+ seconds - loss of bladder control (clothing/bedding)
30+ seconds - loss of bowel function (clothing/bedding)
1 – 2 minutes - death
speak to witnesses to provide further detail as to what occurred as the victim may not know due to the nature of
the offending
take high-quality photographs at the time and again after a 24-48 hours delay. Strangulation can be used as a
repetitive control technique. With a time lag before bruising appears, photographs revealing signs of
strangulation can become important evidence. (There is a link between the act of strangulation, further serious
violence and homicide).
Note: Strangulation victims should seek urgent medical attention as the physical effects (including death in some
cases) may not take effect for some hours after the event. (See Strangulation
handout and
notebook card)
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4
If there is any evidence of:
a sexual assault, follow the
Adult sexual assault investigation policy and procedures and link the CIB to the
investigation in OnDuty as soon as possible
sexual or physical abuse of children or neglect, follow the
Child protection investigation policy and procedures
and link a CPT to the investigation in OnDuty.
Link the CIB to the investigation early in OnDuty in any other case where serious offending is involved.
5
Look for evidence to
corroborate allegations and consider whether forensic specialists need to be contacted. Collect
all evidence (ie. bedding, clothing) as soon as possible before it is lost, as many victims are reluctant to give evidence
or want matters withdrawn from court processes.
6
Where possible, document all visible injuries to each person involved in the investigation. Note cuts, red marks or
welts, bruises and other evidence in respective statements.
Photographs taken on cell phones when Police cameras/photographers are not available can also provide valuable
evidence. Do
not photograph the suspect and the victim together. (Follow the
Digital imaging guidelines for
downloading and securing images ensuring they will be accepted as reliable evidence).
7
If you arrest a suspect complete a Victim Impact Statement for use in court (see
Victim impact statements in the
‘Victims (Police service to victims)’ chapter for further information).
8
If applicable, obtain the victim's written consent for Police to obtain medical details related to the investigation.
Note: Police do not need the victim's consent to disclose information gathered during the episode, as long as it is
disclosed for a related purpose for which it was collected, eg. sharing with a family violence service provider.
Attending situations when firearms may be present
Step Action
1
Always consider firearms or other weapons may be involved or that the suspect has access to these. This information
will be available in OnDuty.
2
Whether a PSO or a protection order is in place will be available in OnDuty. If a PSO has been issued, any firearms
licence held by that person will be suspended for the duration of the order. Where a protection order is in force, any
firearms licence held by the respondent will be revoked. Any firearms also need to be surrendered. Check any licence
endorsements and if there are any firearms in secure storage.
3
Consider whether there are sufficient safety concerns to warrant the
issuing of a Police Safety Order or, where there
is sufficient evidence to arrest, making an application for a protection order. In either case all firearms, ammunition,
or explosives in the possession or control of the suspect must be surrendered to Police or seized pursuant to section
18 Search and Surveillance Act 2012.
4
If you exercise the power to seize, report to the Commissioner within three days by submitting a Firearms Search and
Seizure form accessed via the Bulletin Board using the ‘Create’ and ‘Notification’ feature.
5
Following surrender or seizure of firearms, complete enquiries (including the views of the victim) to determine
whether any licensed firearms holder is considered to be a 'fit and proper' person to hold a firearms licence. If
appropriate, take revocation action pursuant to s
27 and s
27A Arms Act 1983. This may include informing and/or
seeking assistance of the Police Arms Officer.
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Corroboration
Corroboration is important if the victim becomes a reluctant witness. Information that may corroborate a family violence
victim's allegations include:
medical examinations and doctor’s reports (of suspect and victim)
photographs of injuries
scene examination evidence, including photographs and scene diagrams
clothing
witness statements (neighbours, friends, colleagues, emergency medical staff)
111 call - obtain a copy from Comms for court
old POL FVIR ratings, previous family violence reports and ODARA scores
emails, text messages, phone records, internet browsing history, bank records
admissions or other corroborating or damaging statements by a suspect.
These should be attached to the investigation in NIA.
Search and Surveillance Act 2012 powers relevant to family violence offences
To enter to prevent an offence or respond to risk to life or safety
If you have reasonable grounds to…
you may without a warrant. .
suspect, in relation to a place or vehicle:
enter the place or vehicle,
and
take any action you have
an offence is being, or is about to be committed, that would be likely to
reasonable grounds to believe is
cause injury to any person, or serious damage to, or serious loss of any
necessary to:
property,
or
prevent the offending from
there is risk to the life or safety of any person that requires an emergency
being committed or
response
continuing, or
avert the emergency.
Note: 'take any action' means any action that is reasonable in the circumstances.
(s
14 Search and Surveillance Act 2012)
To search people in possession of arms
If you have reasonable grounds to. .
you may without a warrant. .
suspect a person is carrying arms, is in possession of them, or has
search the person
them under their control,
and:
search anything in their possession or under
their control (including a vehicle)
the person:
enter a place or vehicle to carry out one of
is in breach of the Arms Act 1983,
or
the above
by reason of their physical or mental condition (however
seize and detain:
caused) is incapable of having proper control of the arms,
or
any arms found
may kill or cause bodily injury to any person,
or
any licence under the Arms Act 1983
that, under the Family Violence Act 2018:
that is found.
a protection order or PSO is in force against that person,
or
there are grounds to apply for a protection order against
(Unless impracticable in the circumstances, obtain
them
approval from a sergeant or above before
exercising any of these powers).
Note: Arms are ‘in a person's possession or under
their control’ if they have access to them.
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(s
18(1) and (2)) Search and Surveillance Act 2012)
To enter places or vehicles to search for firearms
If you have reasonable grounds to. .
you may without a warrant. .
suspect that there are arms in any place or vehicle:
enter the place or vehicle
search it
in respect of which a category three or four offence or an
offence against the Arms Act 1983 has been, is being, or is
seize and detain any arms or licence under the
about to be committed,
or
Arms Act 1983 found there.
that may be evidential material in relation to a category
(Unless impracticable in the circumstances, obtain
three or four offence or an offence against the Arms Act 1983 approval from a sergeant or above before exercising any
of these powers).
(s
18(3) Search and Surveillance Act 2012)
To enter and search for drugs
Subpart 7 of the Search and Surveillance Act 2012 details Police powers in relation to Misuse of Drugs Act 1975 offences. See
the Drugs chapter -
Part 4 General searches in respect of drugs for more information.
Duties when exercising powers under the Search and Surveillance Act 2012
For more information about your powers and duties under the Search and Surveillance Act 2012 see the
Search chapters,
particularly Part 3 -
Warrantless powers to search places, vehicles and things and Part 7 –
Searching people.
Powers under the Oranga Tamariki Act 1989
To enter to enforce warrants in respect of children
You may enter to enforce warrants issued to:
enforce a court order for:
day-to-day care of a child (s
72 Care of Children Act 2004)
contact with a child (s
73 Care of Children Act 2004)
prevent removal of a child from New Zealand (s
77 Care of Children Act 2004 and
s205 Oranga Tamariki Act 1989).
To enter to remove child
If you have reasonable grounds to…
you may without a warrant. .
believe that it is critically necessary to protect a
enter any dwelling house, building, aircraft, ship, carriage, vehicle,
child or young person from injury or death
premises or place, and
remove or detain, by force if necessary, a child or young person
and place them into the custody of the Chief Executive of OT.
(s
42 of the Oranga Tamariki Act 1989)
To enter, search and place in safe custody (place of safety warrants)
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If you have reasonable grounds to…
you may…
suspect that a child or young person has
apply to the court for a ‘place of safety’ warrant, and then -
suffered, or is likely to suffer, ill-treatment,
neglect, deprivation, abuse, or harm
with a warrant:
enter and search, by force if necessary, any dwelling house,
building, aircraft, ship, carriage, vehicle, premises or place
if you
believe on reasonable grounds, that the child or young
person has suffered, or is likely to suffer, ill-treatment, serious
neglect, abuse, serious deprivation, or serious harm:
remove or detain, by force if necessary, the child or young
person and place them in the custody of OT’s Chief Executive,
or
where the child or young person is in a hospital, direct the
medical superintendent of that hospital to keep that child or
young person in that hospital.
(s
39 of the Oranga Tamariki Act 1989)
Powers relating to breaches of Police safety orders
See breaches of PSOs and related powers in the
Police safety orders chapter.
Executing warrants
For details about executing warrants see ‘Arresting with a warrant’ in the
Arrest and detention Police Manual chapter.
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Interviewing victims, witnesses and suspects
Interview early
Interview victims and important witnesses early in family violence cases. They can and often become reluctant witnesses
during the prosecution process or later minimise the violence. Some victims are pressured to withdraw by the
suspect/offender. Obtain a statement at the time or you may lose the opportunity. Think ‘how can police prove this case
without the victim’s participation?’
Under the
Evidence Act 2006 and section
82 Criminal Procedure Act 2011, Police can get evidence sworn which can later be
used. If it is likely that the victim will minimise their allegations, or face pressure and become reluctant, maintain
momentum with the victim on the day of the offence/episode. Their evidence can be sworn the same day thus lessening
the likelihood that they will change it later. Given the nature of family harm, it is imperative to be in regular contact with
victims and witnesses, providing as much support as possible, with the assistance of our partner agencies.
Statements
All interviews should be recorded in statement format and signed by the witness. (Refer to the ‘Investigative interviewing
witness guide’ for detailed information about taking statements).
Section
106A of the Evidence Act 2006 allows an adult family violence complainant to give evidence in chief by a video
recording made before the hearing. The video recording must be made by a police employee, in accordance with the
Evidence Regulations, and no later than two weeks after the alleged family violence episode.
Victims and other witnesses
When formally interviewing family violence victims and other witnesses, follow the
Investigative interviewing witness guide
and additional guidance for family violence victims and witnesses fearing intimidation in Investigative interviewing -
witnesses requiring special consideration.
All forensic interviews of child abuse victims or of child witnesses of serious crime must be carried out by specially trained
child witness interviewers according to the
Specialist child witness interview guide. (This is an agreed guide between Police
and OT). Note: this does not prevent a preliminary interview with a child occurring during initial attendance as part of
identifying their role and the wider safety assessment.
Suspects
Follow the Investigative interviewing suspect guide and additional procedures in Investigative interviewing – suspects
requiring special consideration when interviewing suspects in family violence cases.
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Child Protection Protocol referral/Pol 350 in OnDuty
When to follow the Child Protection Protocol
Ensuring the safety of children present or who normally reside at an address where family harm has occurred is crucial.
The
Child Protection Protocol (CPP) comes into play in cases of:
urgent steps being critically necessary to protect a child from injury or death
offending against children where there is physical abuse, sexual abuse or neglect.
Urgent steps to ensure child safety
Where a child is at immediate risk of serious harm and the need for immediate protection may be necessary the officer
should call OT National Contact Centre for assistance (phone 0508 family). A child can be removed or detained (by force if
necessary) and placed in the custody of the Chief Executive (s42 Oranga Tamariki Act 1989). If removal is pursuant to section
42, no CPP referral is required. Refer to Powers under the Oranga Tamariki Act.
If child is not removed you must complete the CPP referral/Pol 350 in OnDuty. This will be emailed to the OT National
Contact Centre and the CPT once the family harm investigation has been approved.
Offending against children where there is physical or sexual abuse or neglect
Within the CPP context physical abuse, sexual abuse and neglect are defined as:
physical abuse – when the actions of an offender result in, or could potentially result in, physical harm or injury being
inflicted on a child
sexual abuse – an act involving circumstances of indecency with, or sexual violation of, a child, or using a child in the
making of sexual imaging
neglect - is when a person intentionally ill-treats or neglects a child or causes or permits the child to be ill-treated in
a manner likely to cause the child actual bodily harm, injury to health or any mental disorder or disability. The ill-
treatment or neglect must be serious, and avoidable. For example:
not providing adequate food, shelter or clothing
not protecting a child from physical harm or danger
not accessing appropriate medical treatment or care
allowing a child to be exposed to the illicit drug manufacturing process
allowing a child to be exposed to an environment where volatile, toxic, or flammable chemicals have been used
or stored.
If any of these has occurred you must complete the CPP referral/Pol 350 in OnDuty. This will be emailed to OT National
Contact Centre and the CPT once the family harm investigation has been approved. Refer to Powers under the Oranga
Tamariki Act.
When the Child Protection Protocol does not apply
In situations where the CPP does not apply but an assessment of all the circumstances indicates to you that the children
may be at risk, note this in the investigation in OnDuty and link in your Family Violence Coordinator/Family Harm Specialist.
They will take this to the multi-agency table for consideration.
In situations where children are present but not considered at risk link in your Family Violence Coordinator/Family Harm
Specialist to the investigation in OnDuty.
Further advice
The
Child protection investigation policy and procedures apply to all cases where there are child safety concerns. See
Making referrals to Oranga Tamariki in the ‘Child protection investigation policy and procedures’ for further advice.
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Family harm policy and procedures
Deciding whether to arrest
Arrest if sufficient evidence of offending
As with all other offending, determine whether:
there is sufficient evidence of an offence to arrest, and
the tests for prosecution in the
Solicitor-General's Prosecution Guidelines would be met (See
Prosecution in the
‘Prosecution or case disposition’ section of this chapter for more information).
If there is sufficient evidence of an offence, suspects responsible for family violence related offences or breaches of
protection and related property orders should, except in exceptional circumstances, be arrested. Protection orders
continue to be effective until discharged by a court. Where there has been an historical breach, action should still be taken.
Where offending is disclosed and actions other than arrest are contemplated, you must consult your supervisor before
proceeding. It is advisable to also consult with the Family Violence Coordinator/Family Harm Specialist who may have
relevant information known through multi-agency tables.
Take particular care where prima facie evidence indicates violence by both parties. Understanding the dynamics of family
harm is the key in determining if there is in fact a primary aggressor. Consider the possibility that some violence may be
actions taken in self-defence. Seek guidance if necessary.
Deciding if there is sufficient evidence of an offence
Use the' How and when you charge makes a difference guide' to identify possible offences and determine whether they
constitute family violence offences (note this guide does not provide an exhaustive list). Consult your supervisor or Family
Violence Co-ordinator/Family Harm Specialist if you are uncertain about whether there is sufficient evidence to charge.
How and when you charge makes a difference (July 2019)
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No formal complaint is required from the victim for you to arrest or file charges. However, their response and wishes
should be listened to and noted. Explain the reason if Police actions are not consistent with their wishes. Many victims
experience further harm and Police should act in a way that will encourage future reporting of episodes.
Insufficient evidence to charge
Where there is insufficient evidence to charge but you have victim and/or child safety concerns following a dynamic risk
assessment, consider if it is appropriate to issue a
Police Safety Order in accordance with the issuing criteria (the
‘necessity’ test in section
28 of the Family Violence Act 2018).
Do not give any warnings where there is insufficient evidence to prosecute.
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Charging offenders
Family violence offences and incidents
Any offence or incident code can be flagged as family violence in the family harm investigation. Family violence offences
may range from homicide as the most serious, through various assault related offences (eg. strangulation or suffocation
(s
189A Crimes Act 1961), male assaults female, assault with intent to injure (s
193), injuring with intent (s
189), assault on a
person in a family relationship (s194A), coerced marriage or civil union (s207A) to offences under the Family Violence Act
2018, the Summary Offences Act 1981 and the Harassment Act 1997. They can include damage, theft, disorder offences and
any incident code. (Refer to the
National Recording Standard for further information).
The 'How and when you charge makes a difference' guide provides information on the range of offences that may,
depending on the evidence, constitute a family violence offence.
How and when you charge makes a difference (July 2019)
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See also ‘Breaching a protection order or related property orders’ in the
Protection and related property orders chapter
and ‘Breaches of Police safety orders’ in the
Police Safety Orders chapter for offences under the
Family Violence Act 2018.
Choosing the right charge
How and when you charge makes a difference. When considering what charge(s) is appropriate:
do not minimise violence that has occurred (eg. consider the range of offences under the Crimes Act a1961 and those
under the Family Violence Act 2018)
ensure that an offender is charged and prosecuted in a way that reflects the essential nature of their offending
ensure that there is evidence which can be adduced in Court that is sufficient to provide a reasonable prospect of
conviction (the Evidential Test)
consider any continuing risk the offender poses to the victim.
(See also
Prosecution in the ‘Prosecution or case disposition’ section of this chapter).
When choosing appropriate charges and making decisions regarding negotiation of charges it is important to note the
some of these offences will be 'serious violent offences' under the Sentencing and Parole Amendment Act 2010 and
therefore qualify for a 'strike' under the
three stage warning regime.
Guides for determining charges
The following 'How and when you charge makes a difference guide' (should be available in custody and other relevant work
areas) contains descriptions of family harm behaviour that might amount to an offence and may assist you to determine
the most appropriate charge:
How and when you charge makes a difference (July 2019)
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See also ‘Charging decisions’ in
Prosecuting family violence and the more general
Charging decisions chapter.
Contact your Supervisor, a Legal Advisor, Family Violence Coordinator/Family Harm Specialist or a Prosecutor in your
district if you need advice about charging decisions.
Breaches of protection orders
When a protection order or related property order has been breached
and there is evidential sufficiency to prove a charge,
you must:
charge the offender with the breach
not release the offender on Police bail for 24 hours unless there is a court hearing earlier than this where court bail
can be determined. The offender is not bailable as of right pursuant to s7(2) of the Bail Act 2000.
When considering Police bail for a defendant charged with a family violence offence, the
primary consideration is the need
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to protect the victim, their family members and all protected persons.
Dual defendants
Dual defendants can occur when it is unclear who the actual aggressor or victim is, there are counter-allegations, and both
parties are arrested and charged.
For information about charging and prosecuting dual defendants, see ‘Charging decisions’ in the Prosecuting family
violence Police Manual chapter.
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Bail
Police bail for family violence offences
The procedures for considering whether to grant Police bail for a person charged with a family violence offence are set out
in the
Bail Act 2000. Part 1 of the Bail Act 2000 sets out the rules for bail generally and
Part 2 of the Act (sections 21 - 26)
those relating to Police bail.
When deciding whether to grant Police bail, the primary consideration is the safety of the victim and their family members,
linking the victim to appropriate support and services, and the possible need for the defendant to have a cooling off period
to ensure the victim’s safety. Any condition may be imposed on bail that a Police employee considers necessary to protect
the victim and their family members.
Restrictions on Police bail if a protection order is breached
Note that if the person has been arrested under section
113 of the Family Violence Act 2018 and charged with an offence
against section
90-102 of that Act they must not be granted Police bail during the 24 hours immediately following the arrest
unless there is a court hearing earlier than this where court bail can be determined (s7 Bail Act 2000). This also applies
when the person is charged with another offence in addition to the breach offence.
(s
23 Bail Act 2000)
The arrested person must be brought before a court as soon as possible.
At the expiry of the 24 hour period and pending a court appearance, follow standard procedures for determining whether
the person should be granted Police bail.
The need to protect the victim of the alleged offence and their family members, and all protected persons, is the
paramount consideration for the court when determining whether to grant bail (s
8 Bail Act 2000).
Authorising Police bail
You must have the authority of a supervisor of or above the position level of sergeant before releasing a family violence
defendant on Police bail.
Opposing court bail
In most cases, there is a presumption that a defendant is to be bailed. Any opposition to bail must fit within criteria
detailed in section
8 of the Bail Act, which includes whether there is a risk to the victim and their family members, and all
protected persons.
Section 8(5) of the Bail Act also provides that the need to protect the victim of the alleged offending is the paramount
consideration when deciding whether to grant bail for breaching a protection order.
When deciding whether to oppose bail in family violence cases, the prosecutor must consider, in addition to the factors
detailed in section 8(1) and (2) of the Bail Act, the need to ensure the victim and their family's safety and any safety plans in
place. A wide range of factors will be relevant and the information gathered during the investigation and the collection of
risk information is critical.
Bail conditions
Bail conditions should always be tailored so that they are specific and relevant to the defendant's identified risks and/or
alleged offending. In family violence cases, conditions must reflect the need to ensure the victim’s safety and that of their
family members and all protected persons. This could include non-association with named persons or requiring the
defendant to reside at a named address. (Only in exceptional circumstances should a defendant in a family violence-
related case be bailed to the victim's address). See the
Bail chapter for more information about bail and bail conditions.
Electronic monitoring bail and Police safety orders
If a person on electronic monitoring (EM) bail is served with a PSO relating to the address at which they are required to
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reside, they will be unable to remain there for the duration of the order and therefore unable to comply with standard
condition 5 of their bail bond. In these circumstances, follow the ‘EM bailee served with Police Safety Order’ procedures in
the Bail chapter>EM bail - Breaches and unsuitable addresses.
Note that an incident of family harm at an EM address is likely to bring to attention risks pertaining to continuing EM bail at
that address. Consider opposing continuation of EM bail to that address in this situation.
Breaches of bail
Treat all bail breaches as serious. See information on breach of bail conditions in the
Prosecuting family violence chapter.
Further information about bail and bail notices to victims
Refer to the Bail section in the
Prosecuting family violence chapter for detailed information about:
managing the court bail process in family violence cases
the factors to be considered when deciding whether to oppose bail
seeking appropriate bail conditions to ensure the victim and their family's safety.
Refer to the
Notification rights for victims of serious offences in the ‘Victims (Police service to victims)’ Police Manual
chapter for more detailed information about the rights of victims to provide their views on bail and be advised about bail
when section
29 of the Bail Act 2000 applies.
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Prosecution or case disposition
Prosecution
Although Police should listen to and note the victim's view on whether or not to prosecute, due to the nature and dynamics
of the offending, do not be influenced by their view on prosecution. The decision to prosecute is a Police decision, based
on facts and evidence and the accumulative nature of ongoing offending.
The
Solicitor-General's Prosecution Guidelines require that prosecutions are only brought where there is a reasonable
prospect of conviction (the 'evidential test') and where a prosecution is in the public interest.
The guidelines also state that these factors in family violence cases aggravate the nature and seriousness of the offending:
previous relevant offending, and
where there are grounds for believing the offence is likely to be repeated/continued (ie. the offending indicates a
repeated pattern of conduct).
Refer to the
Prosecuting family violence chapter for more information about prosecuting family violence cases, and the
‘evidential’ and ‘public interest’ tests.
Withdrawals or amendments of charges
Prosecutors should discuss amendments or withdrawals of charges with the Family Violence Coordinator/Family Harm
Specialist and District Prosecution Manager before amending or withdrawing any family violence related charges. (Refer to
Refer to
Police Prosecution Service' statement of policy and practice).
Information about prosecutions to be given to victims
Victims must be kept informed of the progress of court cases. For further information see
Victims (Police service to victims).
Supporting victims and witnesses to give evidence
Full information about supporting victims and witnesses to give evidence is provided in
‘Prosecuting family violence’. See
also the
Investigative interviewing witness guide and
Investigative interviewing - witnesses requiring special consideration.
Diversion
The
Adult diversion scheme policy details the criteria to be met before diversion can be considered and offered and the
conditions to be met.
Previous offending and family harm reports must be taken into account to ensure adequate consideration is given to the
dynamics of the relationship when a decision is made.
Authorising diversion in family violence cases
Diversion can be offered for a ‘one off’
low level family violence offence. Approval must be obtained from the District
Prosecution Manager and the Family Violence Coordinator/Family Harm Specialist before offering diversion to ensure that
diversion and any diversion conditions are appropriate and safety of the victim and any children is taken into
consideration.
Low level family violence offences are those where there has been no serious physical or psychological violence between
family members. Diversion should not be offered if the low level occurrence forms part of a continuing pattern or history of
family violence occurrences.
Note: Diversion must not be offered for a breach of protection order.
Restorative justice
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Restorative justice should be used with caution as power and control issues could put the victim at further risk of abuse by
using that process.
The District Prosecution Manager must approve any decision to offer restorative justice in a family violence case as part of
diversion, following consultation with the Family Violence Coordinator/Family Harm Specialist.
For further information about restorative justice, see
Restorative justice (RJ) in diversion in the Adult diversion scheme
policy.
Case clearance
Family violence offences can only be cleared as K3 (no offence disclosed), K6 (not arrested or cautioned, but proceeded
against by some other means) or K9 (arrested). They must not be cleared as K1 (the event requires no further action
following event closure. No NIA occurrence will be created).
Refer to the
National Recording Standard for information on recording standards.
Warnings
Warnings must not be issued without specific authority from a supervisor following full discussion of the particular facts of
the case.
Note: Proper justification for this course of action may be required later if the intervention fails and safety issues
or re-offending occurs causing harm.
Prosecution file
A completed prosecution file must be forwarded to the Family Violence Coordinator/Family Harm Specialist for filing. This
is so that a file review can be undertaken and family violence trends identified.
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Longer term safety, support and intervention
What happens after a frontline safety plan is in place?
The approved family harm investigation provides the basis for further action to be taken for longer term safety planning.
Family Violence Coordinators/Family Harm Specialists download investigation information for use in multi-agency tables
(eg. FVIARS, ISR, WNPH) where agencies assess cases and determine what further safety actions might be required. Longer-
term safety actions are then agreed and assigned to agencies.
Support for victims is critical to breaking the cycle of family harm and an interagency approach is an essential element of
the Police approach to reducing family harm and family violence offences. Victim safety may change as circumstances do
and should be reviewed at regular intervals from attendance through case management. Changes to safety plans may occur
at any time as part of the multi-agency table process, dependent on protective factors in place and changing
circumstances.
Police response will vary depending on resources available in each area and local agreements for multi-agency tables will
reflect this. You must be aware of the arrangements in your area and maintain good relationships with providers,
community, iwi, other agencies and non-government organisations. Refer to the
‘Victim relocation’ chapter.
Local agreements with support services
Women's Refuge is the primary agency delivering support for victims of family violence. Other services include
Shakti,
Shine and a range of kaupapa Māori services and family violence specialist support services. In areas where no Women's
Refuge is available, Police and Victim Support will work with specialist agencies to clarify local responses to family violence
victims which may include referral to Victim Support. (Note that due to resource constraints, Victim Support will only
provide direct support to family violence victims in regions where there is no viable specialist agency available).
Support and services also varies depending on the type of episode involved. For example, where sexual offending has
occurred, specialist sexual assault crisis response groups or counsellors may have been engaged.
Privacy of victim's information on referral
Local protocols with multi-agency tables must take into account the rights of victims to privacy under the Privacy Act 1993
and the Victims' Rights Act 2002.
Support agencies must operate within the framework of 'one victim - one referral' (referral meaning 'actual contact with the
victim'). Disclosure of victim information to a second or subsequent support agency is permitted in certain circumstances,
eg. the agency giving initial support has reasonable grounds to believe that further disclosure is necessary to ensure the
victim receives the highest level of support. Refer to ‘
Information sharing guidelines – family harm’.
Rights of victims
Refer to the
Victims (Police service to victims) Police Manual chapter for detailed information about:
treatment and rights of victims generally
notification rights for victims of serious offences including the right to be registered in the victim notification system
obtaining and submitting victim impact statements.
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Monitoring, evaluation and training
Compliance monitoring
The Quality Assurance and Improvement Framework for family harm investigations (FH QAIF) is used to continuously
improve:
service delivery to people at risk and their families
the quality of investigations
the visibility of reports of family harm across all levels of management.
Refer to
Family Harm Quality Assurance and Improvement Framework for further information.
To achieve and maintain an effective and appropriate response to family harm, local services and protocols must be
monitored, evaluated and, where necessary, modified. Monitoring of compliance with protocols and policies must include
standardised internal police performance measures (which may involve victim surveys).
External monitoring within the framework of the multi-agency table case management approach adds feedback and can
lead to improvements in the management of information and of cases.
Family Violence Coordinators/Family Harm Specialists
District Commanders must ensure people with suitable communication skills and family harm training are appointed to the
positions of Family Violence Coordinator/Family Harm Specialist.
Family Violence Coordinators/Family Harm Specialists are responsible for local multi-agency tables and liaison, problem
resolution, monitoring staff compliance with local protocols, and family harm-related training.
They are also a valuable resource to contact if you have particular concerns about any individual or family, or if you have
any questions about how family harm episodes should be addressed or processed.
Although the position of Family Violence Coordinator/Family Harm Specialist may not be full-time, District Commanders
must ensure the Coordinators/Specialists are available to respond promptly to requests from local agencies at appropriate
times.
Due to geographical factors, it may be necessary to appoint several employees to take responsibility for coordination or
monitoring functions within a district. For administrative purposes, one person should take overall responsibility for family
harm issues.
Family Violence Coordinators/Family Harm Specialists must be in close and regular contact with district CIB, CPT, Youth
Services, Iwi/Ethnic/Pacific Liaison Officers and other relevant portfolio holders to ensure that all child abuse and neglect
within family harm contexts are flagged and dealt with appropriately and that relevant information is shared amongst
relevant groups.
Family Violence Coordinators/Family Harm Specialists are also responsible for prosecution liaison and ensuring family
violence prosecution files meet the required standard.
Training
Family harm training is mandatory. All constabulary employees who engage in frontline policing must be trained to
respond, assess, investigate and support quality family harm investigations. Supervisors must ensure that actions taken by
their team meet the obligations and principles of these family harm policies and procedures.
Supervisors of Specialist Family Harm Teams should attend a Specialist Family Harm Course. These are held annually at
RNZPC.
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Family harm policy and procedures
Active case management of family harm cases
What is active case management?
‘Active case management’ is the process of managing a family harm episode from beginning to end. It sits within the wider
case management model that guides Police workflow.
Active case management is used by multi-agency tables to reduce or eliminate the recurrence of family harm by actively
supporting a change in behaviour from one or both parties using structured interventions. Assessment of cases and
possible responses should be undertaken using a clear process. There should be regular reviews of progress across all
cases referred, as well as of the process itself.
Tiered response
Not all family harm cases are the same. Some will be new or present as low level abuse or harm whilst others may be high
risk repeats requiring urgent and intensive interventions.
Accordingly, a tiered response where cases can be assessed and categorised for action is required. Cases can be classified
and reclassified during the time of referral dependent on changing circumstances including fresh notifications and non-
compliance or difficulties with completing actions set in plans.
Download an example of tiered active case management if required.
Example of tiered active case management (July 2019)
66.5 KB
Principles
Active case management is more than information sharing. It requires scanning, analysis, response options and
assessment (SARA).
Cases to be actively managed require coordination, ownership of set actions and regular feedback and assessment.
Case plans are essential for matters receiving urgent and serious consideration. They should be structured to meet
the needs of each subject and if possible, be seen as a collaborative effort.
Multi-agency tables have the mandate to coordinate and manage family harm cases and are accountable for the
results achieved.
Family Intervention of High and Complex Risk Team involvement
Cases assessed following the multi-agency table process as having complex safety needs will be referred to FIT/HCRTs
where they are available. These teams work with appropriate specialist internal groups and community networks to provide
safety and support to those complex risk families.
Each district or area should list their top high risk family harm families. They are an essential focus area and should be
used to inform active case management processes using other agency and community based support.
Case plans
Case plans are essential for:
managing subject referrals. Without plans it is difficult to keep track of intervention activities and check whether they
are being effective or not
high risk/repeat subjects. This is due to their increased special needs and the increased potential for plans not to be
followed through.
Case plans should be, where possible, a collaborative process between the case coordinator and subjects. Subjects should
always be asked to sign their plans as this leads to greater accountability and empowerment for completion of the plans'
objectives.
Case plans are designed to be reviewed and amended as circumstances change. Some subjects will benefit from a very
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structured approach, while others, because of their unique circumstances, will need more flexibility to reach desired goals.
Plans should be time bound and benchmarks for review should be regularly set. How long a plan lasts depends on the
circumstances of each individual case.
Structure, coordination and monitoring
A basic structure surrounding case management is essential to reach positive outcomes for subjects. These key elements
should be present for case management to succeed:
a referral process that brings all relevant information together for assessment and eventual allocation dependent on
a tiered response
a multi-agency table that is timely, meets consistently, and is able to screen and prioritise cases based on risk using a
tiered response
coordination of activities to follow up on the tiered response process
active management of high risk repeat subjects using case plans, monitoring and review processes
ownership of support and service provision by organisations that are allocated a case and ensuring they are held
accountable for outcomes
meaningful and informed dialogue with subjects ensuring they become a part of the solution and not one where the
solution to their problems is imposed.
Evaluation and close off
All cases referred through multi-agency tables require close monitoring and close off. Multi-agency tables are designed to
be active and solution based. Family harm subjects will often revert to past behaviours if left to their own devices and not
supported.
Even when cases appear to be resolved, they may manifest again with new dynamics such as different partners or
increased or changed levels of violence. Learning from past interventions and applying new ones that will be more
successful is part of the case management process.
Where plans have been put in place and interventions have reached their end point, a summary of the intervention journey
should be recorded in NIA followed by a detailed account of all actions taken during the case management process. This is
done on the basis that many high risk repeat victims reappear, are often highly mobile, and that multi-agency tables may
have to manage these subjects again in a different location.
Police family violence death reviews
Where a death has occurred as a result of a family violence episode, the Family Violence Coordinator/Family Harm
Specialist and reporting officer must jointly conduct a Police family violence death review. This is intended to highlight
areas where Police practices can be improved and ultimately, to assist in the prevention of future family violence deaths. It
is not a review of the criminal investigation.
Police must also participate with other agencies engaged with the parties involved in an independent review by the Family
Violence Death Review Committee set up under the New Zealand Health and Disability Act 2000.
See
Police Family Violence Death Reviews for more information about these reviews, timeframes and the templates and
processes to be followed.
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Family harm policy and procedures
Police employees and family harm
Purpose of this section
This section of the family harm policies and procedures:
details Police policies, principles and procedures for responding to episodes in which Police employees are involved
in family harm as a person at risk or person posing risk
ensures that Police balance its responsibility as an employer to support employees and their families with the need
to act consistently and appropriately when responding to alleged family harm episodes
assures Police employees that all family harm episodes reported involving employees will be thoroughly investigated
acknowledges Police as an employer are in a unique position of having access to information that other employers do
not. Once in possession of this information Police will act appropriately to facilitate support for its employees and
their families.
Policy
New Zealand Police is often judged by the way its employees represent it. It is therefore necessary to maintain a high
standard of personal and professional conduct and for employees to behave in a manner consistent with the organisation's
view that family violence in all forms, is unacceptable.
Family harm is unacceptable conduct and will not be tolerated or condoned by the Police. Employees who inflict family
harm will be subject to the processes detailed in this chapter as well as the code of conduct.
When responding to family harm episodes involving its employees, Police must balance its responsibilities as an employer
to support employees and their families and to act consistently and appropriately, with the public interest and the
reputation of Police in mind.
There is added complexity for employees involved in a family harm episode due to the fact they work for Police. Two
simultaneous actions should occur:
the normal Police response applies
welfare considerations are important for both parties and the shift supervisor should, where appropriate, refer the
matter to the local Welfare Officer.
Police must also carefully consider:
the impact of any criminal offending on the ability of an employee to remain a Police employee
the compatibility of an employee convicted or found guilty of a family violence offence and/or being the respondent
of a protection order, to continue in a policing role.
When do these policies and procedures apply?
The policies and procedures detailed in this section apply when:
it comes to a Supervisor's attention that an employee may be experiencing or be involved in family harm (as either a
person at risk and/or person posing risk). This includes any anecdotal evidence that may suggest this is the case
Police attend a family harm investigation and although no offending is disclosed a PSO or warning has been issued
and/or Police are concerned about the possible continuation or escalation of family harm
Police attend a family harm investigation and offending is disclosed where an employee is a victim or an offender
Police become aware that a temporary or final protection order has been issued relating to an employee (as either a
protected person or as a respondent). Refer to ‘
Protection and property related orders’ chapter.
District Commanders and National Managers are responsible for ensuring that these policies and procedures operate
within their district or place of work.
Employees involved in family harm are encouraged to seek support by:
ringing a confidential number (0800 327 669) to contact the
Employee Assistance Programme (EAP), or
discussing their concerns with their Supervisor and/or Welfare Officer.
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Such disclosure remains confidential unless the conduct disclosed is of such a nature that it should be investigated
and/or prosecuted.
Wherever possible, Police should support and educate employees to assist them in dealing with issues to prevent and/or
reduce the likelihood of family harm escalating and offending occurring.
Employees who suspect or are aware of another employee being either a person posing risk or person at risk of family
harm are encouraged to report this confidentially by reporting it to their own Supervisor or a Welfare Officer so that a
discrete and confidential approach can be made to that person and support provided.
It is also important that Police recognise and support the family unit to best enable any changes that are needed to resolve
the issues. In particular, Police must be aware of and sensitive to victims of family harm or complaints about family harm
from spouses or partners of Police employees. These people are in a complex situation and alienating them from Police
would isolate them and leave them with limited places to go for assistance. These cases or notifications should be
responded to by Family Violence Coordinators/Family Harm Specialists.
Leave available for employees affected by family violence
The
Domestic Violence – Victims’ Protection Act 2018 gives employees affected by family violence the right to:
take up to 10 days a year of paid family violence leave after six months of continuous employment with Police. This is
separate from annual leave, sick leave and bereavement leave.
ask for short-term flexible working arrangements. This can be for up to 2 months.
not be treated adversely in the workplace because they might have experienced domestic violence. This is
discrimination.
See ‘Domestic violence’ in the ‘Definitions of types of leave and requirements’ section of the
Leave Management Policy for
more information on how to apply for these entitlements.
Note: It does not matter when the family violence took place. Employees still have these rights if they experienced family
violence before they began working for their current employer or before the law changed on 1 April 2019. See Employment
New Zealand – ‘
Domestic Violence Leave’.
Employees engaged in family harm investigations - no offence
Where Police attend any family harm investigation but no offence is determined, the risk measures within OnDuty will
determine our level of concern for safety, which will then inform the frontline safety plan actions that you take, i.e. as a
minimum, checking if someone has a working phone, confirming if we have the phone number, and if they are prepared to
call us for help. If a Police employee is identified (as the person posing risk or person at risk) attending officers must also
report this confidentially to their supervisor who will contact a Welfare Officer to arrange for appropriate Police contact as
soon as possible and oversight of referral to appropriate support groups.
Employees charged or convicted of family violence offending
Employees who commit a family violence offence must be treated as any other member of the public.
The fact of an employee's arrest or charging for family violence offending must be reported immediately by the shift
Supervisor to the District Employee Practice Manager and Police Professional Conduct Manager who will advise the relevant
District Commander or National Manager. Code of conduct procedures will apply.
Welfare contact and counselling support through the EAP must be offered to the victims of the offending and if
appropriate, the alleged offender, along with confidential contact numbers that they may use.
The Employee Practice Manager in consultation with the National Manager: Police Professional Conduct at Police National
Headquarters (PNHQ) must consider the employee's suitability to continue working in their current role and if any variation
in duties is appropriate.
Employees who are respondents of a protection order
Protection orders may be issued against a Police employee without any prior offending. With or without a prior criminal
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Family harm policy and procedures
history a protection order must be treated as a serious matter. Officers who serve a protection order on a Police employee
are required to send a copy of it to the employee’s District Commander or National Manager (or the Deputy Chief Executive:
People if the respondent is at superintendent level or above).
Employees who become a respondent of a protection order must immediately report the fact in writing, including details of
the proceedings to their Supervisor, who must inform the Human Resources Manager and Police Professional Conduct
Manager for their district or service centre. Code of conduct processes will apply.
Where employees fail to advise Police of the fact that they are a respondent of a protection order and this subsequently
comes to Police attention, the non-reporting may be viewed as an aggravating factor when considering the nature of the
conduct disclosed.
An employee who is an applicant or protected person under a protection order is encouraged to report this confidentially
to a Police Welfare Officer and/or their Supervisor so that appropriate support and advice can be provided through EAP.
Possession or use of weapons and firearms
Protection orders contain a standard prohibition preventing the possession and use of any weapons including firearms.
This means employees with constabulary powers cannot carry their appointments (batons/spray/taser) or be issued with a
firearm, without being in breach of the order. These restrictions also apply to authorised officers or Police employees
involved in training, Police weaponry or exhibit handling of firearms and weapons. Police must avoid being complicit in any
such breach and must be extremely careful not to increase risk to any person protected by the order by allowing such a
breach to occur.
Applications to vary protection order conditions
The court hears applications to vary standard conditions of a protection order including those relating to weapons. It is
important to note that victim safety is the paramount consideration and the court must have regard to the victim's views in
making any such variation.
Police may in rare cases consider assisting an employee with an application to vary the standard condition relating to
weapons in a protection order under section
108 of the Family Violence Act 2018. Before supporting such an application
Police must conduct their own enquiries to determine whether or not such a variation is appropriate. These enquiries must
consider the nature, duration and type of family harm disclosed, any offence history, the employee's role and the views of
any person protected by the order.
The final decision on whether Police will support an application under section 22 will be made by the DCE People in
consultation with the National Manager: Criminal Investigations Group upon receipt of the report from the district.
Leave to attend programmes or counselling
Where any Police employee is directed or wishes to attend programmes or counselling to resolve issues relating to family
harm, Supervisors should take all practicable steps to facilitate this.
Confidentiality
Family harm issues are sensitive and highly personal. Care must be taken to ensure that all employees involved (as a
person at risk or person posing risk) are treated sensitively with regard to privacy as appropriate in the circumstances.
Further assistance
The National Manager Safer People, DCE People, or Manager National Family Harm Team (all based at PNHQ) may provide
further information if required.
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Family harm policy and procedures
Version number:
22
Owner:
NM: Prevention
Publication date:
01/07/2019
Last modified:
01/07/2019
Review date:
01/07/2021
Printed on : 02/07/2020
Printed from :
http://tenone.police.govt.nz/pi/family-harm-policy-and-procedures
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Parental control (section 59 Crimes Act)
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Table of Contents
Table of Contents
2
Policy statement and principles
3
About section 59
4
Background
4
Section 59 Crimes Act 1961
4
Analysis of section 59
4
Responding to section 59 events
7
Application of family harm and child protection policies
7
Exercise discretion before arrest
7
Charging decisions and prosecution
7
Serious offences
7
Inconsequential offences where there is no public interest in prosecuting
7
Appropriate charging
7
Referrals and documentation
8
Reporting to Child Protection Teams
8
Further advice
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Parental control (section 59 Crimes Act)
Policy statement and principles
When investigating cases where force is used against a child Police will consider the amount of force used in the
circumstances along with other relevant factors, before deciding whether a prosecution is required in the public interest.
For minor cases of assault against children, Police have discretion not to prosecute where the offence is considered to be
so inconsequential that there is no public interest in a prosecution.
Whilst parents, or persons in place of parents, are justified in using reasonable force against a child to:
prevent or minimise harm to the child or another person, or
prevent the child from engaging or continuing to engage in conduct that amounts to a criminal offence, or
prevent the child from engaging or continuing to engage in offensive or disruptive behaviour, or
perform normal daily tasks incidental to good care and parenting…
nothing justifies the use of force for the purpose of correction or punishment.
Police will:
record events involving force on children that is not permissible under section
59 as part of a quality family harm
investigation and process in accordance with the
Family harm policy and procedures
include a 6C Incident code regardless of any other offence/response code used to indicate the attendance relates to
an incident involving a child
exercise discretion before arresting
refer physical abuse, sexual abuse or neglect investigations involving children to local Child Protection Teams for
investigation with Oranga Tamariki in accordance with the
Child Protection Protocol: Joint Operating Procedures (CPP)
.
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Parental control (section 59 Crimes Act)
About section 59
Background
The current section
59 came into force on 22 June 2007. Prior to 2007, the section provided a statutory defence for every
parent of a child and every person in place of the child's parent to use force by way of correction towards the child, if the
force used was reasonable in the circumstances.
The purpose of the Crimes (Substituted Section 59) Amendment Act 2007 was to "make better provision for children to live
in a safe and secure environment free from violence by abolishing the use of parental force for the purpose of 'correction'.
The Amendment Act is still commonly referred to as the ‘anti-smacking’ legislation.
Section 59 Crimes Act 1961
Section
59 of the Crimes Act 1961 states:
1. Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used
is reasonable in the circumstances and is for the purpose of -
a. preventing or minimising harm to the child or another person; or
b. preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
c. preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or
d. performing the normal daily tasks that are incidental to good care and parenting.
2. Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.
3. Subsection (2) prevails over subsection (1).
4. To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a
child or person in the place of a parent of a child in relation to an offence involving the use of force against a child,
where the offence is considered to be so inconsequential that there is no public interest in proceeding with a
prosecution.
Analysis of section 59
Use this table as a guide when considering whether section
59 applies.
Term
Meaning and commentary
Child
‘Child’ is not defined for the purpose of section
59. Staff should apply the Care of Children definition,
which is “a person aged under the age of 18 years”.
As children get older, the use of reasonable force for the purposes listed in section 59 will become
less justifiable. Factors that must be considered in determining whether the force used is justified
under section 59 include:
age and maturity of the child
ability of the child to reason
characteristics of the child, e.g. physical development and state of health, and
the circumstances that led to the use of force.
Person in the place 'Person in the place of a parent' is not defined, but includes step parents and foster parents, and
of a parent
other persons who take on parental responsibility in the absence of a parent.
Force used is
What constitutes reasonable force is not defined. When using force, parents must act in good faith
reasonable in the
and have a reasonable belief in a state of facts which will justify the use of force. The use of force
circumstances
must be both subjectively and objectively reasonable.
Any force used must not be for the purposes of correction or punishment. It may only be for the
purposes of restraint (s59(1)(a) to (c)) or, for example, to ensure compliance (s59(1)(d)).
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Parental control (section 59 Crimes Act)
Preventing
To 'prevent' is to hinder or stop something from occurring. From this, it is implicit that reasonable
force can only be used at the time the intervention by the parent is required, ie. force cannot be used
after the event to punish or discipline the child. This distinction is made clear in subsections (2) and
(3) - nothing in section 59(1) will justify the use of force for the purposes of correction.
Preventing or
This subsection allows reasonable force to be used to prevent or minimise harm to the child or
minimising harm to another person, e.g. to stop a child from:
the child or another
running across a busy road
person
touching a hot stove
(s
59(1)(a))
inserting a metal object into a power point
striking another child or person with an object.
Preventing the child This subsection authorises the use of reasonable force to prevent children from committing offences.
from engaging or
continuing to
Children of any age can
commit an offence, eg. theft, wilful damage or assault. (A child under 10
engage in conduct cannot be convicted of an offence (s
21 Crimes Act) and there are only three situations when a child
that amounts to a
aged 10 to 13 can be charged (
s272(1) Oranga Tamariki Act). Therefore, a parent and every person in
criminal offence
the place of a parent can use reasonable force to prevent their child from, for example, damaging or
stealing property, or assaulting other people or themselves. (Note: the defence of self-defence could
(s
59(1)(b))
equally apply in such cases).
Preventing the child Offensive or disruptive behaviour is not defined in the Crimes Act and it is not known where the
from engaging or
boundaries lie in the context of this subsection. While current case law can offer some insight, the
continuing to
analysis provided by the courts is more particularly targeted at types of behaviour that warrant the
engage in offensive interference of the criminal law and in the context of offences against public order, such as section 4
or disruptive
of the Summary Offences Act 1981.
behaviour
In
Ceramalus v Police (1991) 7 CRNZ 678 Tomkins J adopted the following as a helpful description of
(s
59(1)(c)
‘offensive behaviour’:
‘[The behaviour] must be such as is calculated to wound the feelings, arouse anger or resentment or
disgust or outrage in the mind of a reasonable person.’
The Shorter Oxford English Dictionary defines ‘
offensive’ as:
‘1. Pertaining or tending to attack; aggressive; . .
2. Hurtful, injurious . .
3. Giving, or of a nature to give, offence; displeasing; annoying; insulting . .’
The Shorter Oxford English Dictionary defines ‘
disruptive’ as:
‘1. Causing or tending to disruption. .’
Examples of behaviour that may amount to offensive or disruptive behaviour, depending upon the
specific circumstances, could include yelling and screaming or throwing objects or food.
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Parental control (section 59 Crimes Act)
Performing the
Many everyday tasks require parents to use force when interacting with their children, e.g. when
normal daily tasks changing nappies, dressing or securing a child in a car seat, or applying sunscreen. The use of
that are incidental reasonable force in performing such tasks is permitted under this subsection.
to good care and
parenting
Parents may also send or take their child to their room against the child's will at the time the
intervention is required. Force may be required to do this and the use of reasonable force in such
(s
59(1)(d))
circumstances may be justified to prevent the child from continuing to engage in the behaviour (s59(1)
(b) or (c)) or to restore calm. However, if the child is detained for a period or in a manner that is
unreasonable in the circumstances, this subsection will not provide a defence to such action.
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Parental control (section 59 Crimes Act)
Responding to section 59 events
Application of family harm and child protection policies
The
Family harm policy and procedures outlines the principles, policy and procedures for dealing with family harm in the
community. The term ‘family harm’ encapsulates a holistic view of the issues occurring within families and their ensuing
detrimental effects. Family harm is the damage caused by adverse circumstances, vulnerabilities and/or negative
behaviours that often lead to long-term negative consequences.
'Family violence' is a subset of family harm and includes physical, sexual, and psychological abuse. It is a pattern of
behaviour that can be coercive or controlling and may be a single act or a number of acts.
Force used on children that is not permissible under section
59 is covered by the
Family harm policy and procedures.
Physical abuse, sexual abuse or neglect investigations involving children must be referred to your local Child Protection
Team and Oranga Tamariki for investigation in accordance with the Child Protection Protocol: Joint Operating Procedures
(CPP).
Exercise discretion before arrest
In
Attorney-General v Hewitt (2000) NZAR 148 a full bench of the High Court held that adopting a policy to automatically
arrest a suspect without allowing for exceptional circumstances was not lawful. The High Court also held that a failure to
consider the discretion to arrest was unlawful and arbitrary under section
22 of the New Zealand Bill of Rights Act 1990.
Discretion must be used by police.
Charging decisions and prosecution
As for all assault investigations, when investigating cases where force is used against a child, you must:
consider the amount of force used in the circumstances along with other relevant factors, before making a decision
about whether a prosecution is required in the public interest
establish whether there is sufficient admissible and reliable evidence that an offence has been committed.
Serious offences
Refer serious cases to Child Protection Teams so they may be investigated further (see Child protection investigation policy
and procedures).
Inconsequential offences where there is no public interest in prosecuting
Parliament has expressly affirmed that for minor cases of assault against children, Police have discretion not to prosecute
where the offence is considered to be so inconsequential that there is no public interest in a prosecution (s
59(4)). The
Solicitor-General’s Prosecution Guidelines also states that the factors to be considered when determining whether the
public interest requires a prosecution include ‘the seriousness or, conversely, the triviality of the alleged offence; that is,
whether the conduct really warrants the intervention of the criminal law’.
The Shorter Oxford English Dictionary defines ‘inconsequent’ as ‘of no consequence’. The Concise Oxford Dictionary defines
‘inconsequential’ as ‘unimportant’.
Smacking may, in some circumstances, be considered inconsequential. A prosecution may be warranted if such actions are
repetitive or frequent, and other interventions or warnings to the offender have not stopped such actions.
The use of objects/weapons to smack a child, strikes around the head area or kicking would not be inconsequential
assaults. While all mitigating and aggravating circumstances must be considered, such assaults will generally require a
prosecution in the public interest.
Appropriate charging
If a parent of a child or a person in the place of a parent of a child uses force that is not justified under section
59, and
there are no exceptional circumstances and it is in the public interest to prosecute, the appropriate charge where the
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offence is not overly serious, would be assault pursuant to section
9 of the Summary Offences Act 1981. For more serious
cases, consider
Crimes Act legislation.
Referrals and documentation
In cases where the force used is found to be minor, trivial or inconsequential, record the event in a family harm
investigation in OnDuty and link the Family Violence Co-ordinator/Family Harm Specialist to the investigation. The
expected outcome for such events is one using common sense and of offering guidance and support, depending on the
context, following discussion with the Family Violence Co-ordinator/Family Harm Specialist.
Reporting to Child Protection Teams
When completing the family harm investigation you must also include a
6C Incident code regardless of any other
offence/response code used. This indicates that the attendance relates to any incident involving a child. (See Child
protection investigation policy and procedures)
In repeat events (where other interventions or warnings have been unsuccessful) involving the same family or more
serious cases, you should record the matter in the family harm investigation and consider whether prosecution may be
appropriate. In these cases you should consult with the Family Violence Co-ordinator/Family Harm Specialist and local
Child Protection Team to determine whether a CPP referral/Pol 350 in OnDuty should be made to Oranga Tamariki. In all
other cases the Family Violence Co-ordinator/Family Harm Specialist should be linked to the family harm investigation in
OnDuty.
For clear events of abuse or neglect, the event must be recorded on a CPP referral/POL 350 in the family harm investigation
and dealt with in terms of the
Child Protection Protocol: Joint Operating Procedures (CPP) as a care and protection issue. A
CPP referral/Pol 350 notification is made automatically to Oranga Tamariki via email as soon as the family harm
investigation is approved. The Family Violence Co-ordinator/Family Harm Specialist must be linked in to the family harm
investigation in OnDuty.
Further advice
Consult Police Prosecution Service, a Child Protection Team member, a Family Violence Co-ordinator/Family Harm
Specialist or Legal Services if you require any advice about the application of section 59 to any particular circumstances.
Version number:
4
Owner:
NM: Prevention
Publication date:
15/08/2018
Last modified:
15/08/2018
Review date:
15/08/2020
Printed on : 02/07/2020
Printed from :
http://tenone.police.govt.nz/pi/parental-control-section-59-crimes-act
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Document Outline
- ADPD24F.tmp
- Child Protection Policy.pdf
- Family harm policy and procedures.pdf
- Parental control section 59 Crimes Act.pdf