Briefing Session on Major Amendments to the Procedural Guide for Handling Child Abuse Cases Revised

1
Briefing Session on Major Amendmentsto the
Procedural Guide for Handling Child Abuse Cases
(Revised 2007) Ms CHAU Fung-mui, Wendy
Senior Social Work Officer(Domestic
Violence)Social Welfare Department5 March 2008
2
Background

• To tie in with new service developments
• Restructuring of the former Child Protective
  Service Units
• Re-engineering of family services
• Formation of Integrated Children and Youth
  Services Centres
• The provision of Student Guidance Service in
  primary schools
• To review the Guide to Participants of the
  Multi-disciplinary Case Conference on Child Abuse

3
Background (Contd)

• Endorsed by Committee on Child Abuse (CCA) in
  2004 to review the Procedures.
• A Task Group was formed with representatives from
  
• - Government LWB, EDB, HA, DH, Police, SWD
• - HKCSS
• - NGO HKFWS, ACA

4
AIM

• To provide guidance to government departments,
  NGOs and other concerned sectors
• TO SERVE THE BEST INTEREST OF CHILDREN AND
  PROTECT THEM FROM ABUSE
• Key to effective action is built on
• MULTI-DISCIPLINARY APPROACH OF
• WORKING TOGETHER
• TRUSTING EACH OTHER
• FOR THE WELFARE OF CHILDREN

5
Outline

• Section I Introduction
• Section II Basic Knowledge
• Section III Multi-disciplinary Collaboration
• Section IV Handling of Referrals / Enquiry /
  Investigation
• Section V Roles of Relevant Departments /
  Organisations
• Section VI Handling of Allegations against
  Staff
• Appendices

6
Format

• Paragraphing To add a pre-fix indicating the
  respective chapter in front of the paragraph
  number (e.g. 5.8 represent para. 8 of Chapter 5)
• Annex specific reference to the chapter (e.g.
  Annex I to Chapter 11)
• Appendix a Common Reference for readers

7
Presentation Format

• Adopt a standard statement to direct readers to
  make reference to respective chapters (e.g.
  handling of reports / referral procedures in
  Chapter 6 7) commonly shared by different
  disciplines
• Use of Frequently Asked Questions
• (as Annex attached to Chapter 3, 4, 11)
• Section V Categorizing / Grouping by service
  nature instead of by agency / unit

8
Section I Introduction (Chapter 1)

• Emphasize Philosophy and Governing Principles
  basing on United Nations Convention on the Rights
  of the Child (UNCRC) ?????????
• Views of the parents / guardians should be sought
  and considered in formulation of welfare plan

9
Section II Basic Knowledge (Chapter 2 - 4)

• Strengthening areas in
• Definitions of child abuse and Guide to
  Identification of child abuse in Chapter 2
• Definitions of child abuse
• is defined as any act of commission or omission
  that endangers or impairs the physical /
  psychological health and development of an
  individual under the age of 18.
• Physical Abuse no change
• Sexual Abuse no change

10
Section II Basic Knowledge (Contd)

• Strengthening areas in
• Definitions of child abuse and Guide to
  Identification of child abuse in Chapter 2
• Psychological Abuse
• is the repeated pattern of behaviour and
  attitudes towards a child or extreme incident
  that endangers or impairs the childs emotional
  or intellectual development.

11
Section II Basic Knowledge (Contd)

• Strengthening areas in
• Neglect is severe or a repeated pattern of
  lacking of attention to a childs basic needs
  that endangers or impairs the childs health or
  development. Neglect may be
• Physical (e.g. failure to provide necessary food,
  clothing or shelter, failure to prevent physical
  injury or suffering, lack of appropriate
  supervision or left unattended)
• Medical (e.g. failure to provide necessary
  medical or mental health treatment)
• Educational (e.g. failure to provide education or
  ignoring educational needs arising from a child's
  disability)
• Emotional (e.g. ignoring a childs emotional
  needs, failure to provide psychological care, or
  permitting a child to use alcohol or other drugs)
  

12
Section II Basic Knowledge (Contd)

• Strengthening areas in
• Legal Aspects Relevant Ordinances related to
  child protection and abuse are listed out in
  Chapter 3
• (a) Protection of Children and Juveniles
  Ordinance, Cap 213
• (b) Evidence Ordinance, Cap 8
• (c) Employment Ordinance, Cap 57
• (d) Criminal Procedure Ordinance, Cap 221
• (e) Live Television Link and Video Recorded
  Evidence, Cap 221J
• (f) Education Ordinance, Cap 279
• (g) Adoption Ordinance, Cap 290
• (h) Child Abduction and Custody Ordinance, Cap
  512
• (i) Crimes Ordinance, Cap 200
• Offences Against the Person Ordinance, Cap 212
• Prevention of Child Pornography Ordinance, Cap
  579

13
Offences against the Person Ordinance, Cap 212

• Section 27 Ill-treatment or neglect by those in
  charge of child or young person
• If any person over the age of 16 years who has
  the custody, charge or care of any child or young
  person under that age wilfully assaults,
  ill-treats, neglects, abandons or exposes such
  child or young person or causes or procures such
  child or young person to be assaulted,
  ill-treated, neglected, abandoned or exposed in a
  manner likely to cause such child or young person
  unnecessary suffering or injury to his health
  (including injury to or loss of sight,or hearing,
  or limb, or organ of the body, or any mental
  derangement) such person shall be guilty of an
  offence and shall be liable
• (a) on conviction on indictment to
  imprisonment for 10 years or
• (b) on summary conviction to imprisonment
  for 3 years, ..

14
Section II Basic Knowledge (Contd)

• Strengthening areas in
• Add FAQs (Annex I to Chapter 3) to illustrate
  application of the Ordinances to child protection
  work
• Information sharing and Confidentiality in
  Chapter 4
• Elaborate PD(P)O and its exemption (Annex IV to
  Chapter 4)
• Confidentiality Issues of Medical Practitioners
  (MP), Clinical Psychologists (CP) and Social
  Workers (SW) included
• Let other professionals know about the principles
  which MP / CP / SW are required to observe

15
Section III Multi-disciplinary
Collaboration(Chapter 5 7)

• Chapter 5 to adopt case manager approach to
  facilitate coordination of services among
  different disciplines
• Chapter 6 Highlight Welfare Units responsible
  for Investigation and cases falling under CAIU
  Charter
• Chapter 7 provide a general and generic chapter
  on handling procedures commonly shared by
  different disciplines

16
Chapter 6 Initial Handling of Reports /
Referrals

• Highlight Welfare Units responsible for
  Investigation
• Family and Child Protective Services Units
  (FCPSUs)
• Integrated Family Service Centres (IFSCs)
• Integrated Services Centres (ISCs)
• Medical Social Services Units (MSSUs)
• Probation Offices (POs)
• Adoption Unit (AU)
• Integrated Children and Youth Services Centres
  (ICYSCs)
• School Social Work Units (SSWUs) serving in
  secondary schools
• Student Guidance Personnel (SGP) serving in
  primary schools
• District Youth Outreaching Social Work Teams
  (YOTs)
• Overnight Outreaching Service for Young Night
  Drifters (YND)
• Community Support Service Scheme (CSSS)
• Other casework units

17
Chapter 6 Initial Handling of Reports /
Referrals (Contd)

• Highlight cases under CAIU Charter
• intra-familial sexual abuse
• sexual abuse where the perpetrator is known to
  the child or is entrusted with the care of the
  victim
• serious physical abuse case at the discretion of
  the respective Senior Superintendent of Crime
  Region and
• (d) organised child abuse

18
Chapter 6 Initial Handling of Reports /
Referrals (Contd)

• Amendment on Appendix I re Definition of Known
  Cases for Welfare Organisations
• NGO Units other than IFSCs / ISCs are defined
  (e.g. ICYSC, SSWU, SGP in primary schools, YOT)
• Rule for handling cases known to more than ONE
  service unit
• SE to be conducted by FIRST known unit

19
Chapter 7 Initial Assessment andReferral
Procedures

• Cover the general procedures for handling cases
  where CPSIT is formed and cases where CPSIT is
  not formed

20
Section IV Handling of Referrals / Enquiry /
Investigation(Chapter 8 to 13)

• Social Enquiry / Investigation
• ?
• Medical Examination
• ?
• Joint Investigation
• ?
• Multi-Disciplinary Case Conference
• ?
• Follow-up Service

21
Chapter 8 Social Enquiry / Investigation

• Highlight Risk Assessment is a process
  throughout the enquiry / investigation
• Special attention on Immediate Child Protection
  Plan

22
Chapter 10 Joint Investigation

• Provide guidance on the process of joint
  investigation among FCPSU / CAIU / CP for
  handling allegation or suspicion of child abuse
  cases
• Roles of FCPSU worker Police when CPSIT is
  formed
• Arrangement of video-recorded interview

23
Chapter 11 Multi-disciplinary Case Conference
(MDCC)

• Timing for MDCC within 10 working days and
  indicate the date and event from which this is to
  be counted (para. 16 of Annex II to Chapter 11)
• Membership delete full member / member in
  attendance
• Arrangement for Family and Child Participation in
  MDCC (to inform them that they can give views in
  writing if unable to attend the MDCC)

24
Chapter 11 Multi-disciplinary Case Conference
(Contd)

• To add para. 56 of Annex II to Chapter 11
  (following the views of majority and record
  divergent views) for chairpersons reference if
  no consensus reached in MDCC
• To add para. 61 to facilitate collaboration among
  units during case transfer
• The investigating social worker should complete
  immediate welfare services as agreed in MDCC,
  prepare relevant documents. and inform the child
  and his/her family before transferring the case
  to the follow-up unit. The incoming social
  worker should also take active steps to
  facilitate the case transfer.

25
Chapter 11 Multi-disciplinary Case Conference
(Contd)

• Time frame for confirmation of minutes is
  suggested.
• .draft minutes sent to members for
  confirmation preferably within two weeks after
  the MDCC the Chairman should issue the confirmed
  minutes to all members. no later than one month
  after the MDCC. (para. P (3) to (5)of Annex I to
  Chapter 11)

26
Chapter 11 Multi-disciplinary Case Conference
(Contd)

• Sample format of Minutes of MDCC is revised
  (Annex IIC to Chapter 11) to highlight the roles
  of family members upon discussion in MDCC
• FAQs (Annex III to Chapter 11) to illustrate some
  specific situations in MDCC for reference

27
Section V - Roles of Relevant Departments /
Organisations (Chapter 14 26)

• Categorizing / Grouping by service nature
• Social Service Units
• FCPSU / IFSC / ISC / MSSU / CY / CP
• Medical and Health Service
• Clinics / Hospitals / Child Psychiatry Service
• Other Departments / Organisations
• Residential Special Child Care Service /
  Educational Services / Police / Housing Dept. /
  Individual Practitioner
• Individual profession / discipline should refer
  to respective chapter for specific procedures and
  roles to be taken in case handling

28
Chapter 14 FCPSUs / SWD

• Highlight handling of referrals received by SWD
  outreaching team after office hours
• .the SWD outreaching team (after office
  hours), comprising a SWO/FCPSU or Oi/c IFSC or
  SWO/IFSC and a caseworker of FCPSU or IFSC,
  should respond to the report and reach out to
  investigate the case if necessary. (para. 14.9)

29
Chapter 23 Educational Services under Education
Bureau

• Integrate the gist of chapters 6,16,17 and 18 of
  old version (Revised 1998) into one chapter which
  are applicable to all school personnel in
  kindergartens, kindergarten-cum-child care
  centres, primary schools, secondary schools and
  special schools.

30
Chapter 23 Educational Services under Education
Bureau (Contd)

• Highlight the internal report mechanism in
  handling sexual abuse cases when the suspected
  abuser is a staff member of school
• should inform the School Development Officer of
  the respective Regional Education Office of EDB
  of the incident(s) should inform the Joint
  Office for Pre-primary Services of EDB (refer to
  the relevant EDB circular in use for the
  procedures in handling child sexual abuse cases
  involving school staff as suspected abusers).
  (para. 23.20)

31
Chapter 23 Educational Services under Education
Bureau (Contd)

• Specify the role of SGP when handling referrals
  
• If the SGP serving in primary school is a
  registered social worker and employed by an NGO,
  he/ she may take up the role of case manager as
  stipulated at Chapter 6 and 7, subject to mutual
  agreement of the school, NGO and SWD. (paragraph
  23.22)

32
Chapter 24 Police

• Highlight the reporting mechanism (role of CAIU
  other Crime Units)
• CAIU of the Region is the Police point of
  contact , all child abuse cases including those
  not falling within the CAIUs charter can be
  reported directly to the respective CAIUs during
  office hours (Report Form at Appendix IX and
  Written Dated Notes at Appendix X). For outside
  office hours, cases that fall within the CAIUs
  charter can be reported directly to CAIU. For
  cases that do not fall within the CAIUs charter,
  concerned professionals should report directly to
  the nearest police station . (paras. 24.23 to
  24.25)

33
Section VI - Handling of Allegations against
Staff (Chapter 27)

• Scope of concern
• Confined to allegation or suspicion arises in
  connection to the individuals work
• Provide general principles for reference

34
Thank you