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TAMAITI (CHILD) PROTECTION

Rationale

We have an obligation to ensure the wellbeing of tamariki (children) in our care and are committed to the protection of all tamariki and to the prevention of tamaiti (child) abuse and neglect. The safety and wellbeing of the tamariki is always our first priority.

We provide a safe environment, free from physical, emotional, verbal or sexual abuse.

We support whānau to protect their tamariki.

We are committed to work with other agencies where necessary to respond to the needs of vulnerable tamariki and whānau.

Purpose

The purpose of this operational policy is to

• detail the definition of neglect and abuse of a tamaiti to establish a common understanding within our Centre;
• detail how the Manager and kaiako will ensure tamariki are appropriately protected from neglect, abuse and harm
• explain our commitment to training and support of kaiako in this context
• describe how the Centre will respond to suspected tamaiti abuse and neglect

The policy is designed to meet provisions of the Children’s Act (2014), the Education and Training Act (2020), the Education (Early Childhood Education) Regulations 2008, and the Early Childhood Education Licensing Criteria HS31.

For the purpose of this policy, abuse is used in the context of adult to tamaiti.  This could be kaiako to tamaiti or an adult (outside of the Centre) to the tamaiti.

Abuse relating to tamaiti-to-tamaiti or tamaiti-to-adult is not within the scope of this policy.

Issues relating to tamaiti-to-tamaiti or tamaiti-to-adult behaviours is covered by C10, whereby behaviour is managed by positively seeking to develop social competence in tamariki that helps them to establish and maintain appropriate relationships with tamariki and adults.

Issue Outline

Tamaiti abuse and neglect is not acceptable. Tamariki need our protection.

Prevention is always better than needing a cure.  Kaiako need to be vigilant and provide protection to the tamariki in our care.

We have a key role to play in providing a safe environment for tamariki, free from physical, emotional, verbal or sexual abuse and also supporting whānau to protect their tamariki.

If we believe a tamaiti is in immediate danger, our kaiako will discuss this with the Manager or a Team leader, and they will phone New Zealand Police on 111.  All kaiako are informed that anyone can report tamaiti abuse.

If we are concerned about the wellbeing of a tamaiti, or want to discuss, report, or refer a concern, our kaiako will tell the Manager who will contact Oranga Tamariki:

• Phone 0508 EDASSIST (0508 332 774)
• Email edassist@ot.govt.nz

If parents have concerns about the safety and wellbeing of a tamaiti then they should approach our Manager. Discussions of such matters will need to take place in private.

Definitions

Child Abuse is defined by Oranga Tamariki as “any child or young person that has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated, abused, neglected or deprived”.

Child Abuse can be:

• Physical Abuse
• Emotional Abuse
• Verbal Abuse
• Sexual Abuse
• Neglect.

Child Neglect “is a pattern of behaviour which occurs over a period of time and results in impaired functioning or development of a child.  It is the failure to provide for a child’s basic needs.

Neglect may be:

• Physical – failure to provide necessary basic needs of food, shelter or warmth
• Medical – failure to seek, obtain or follow through with medical care for the child
• Abandonment – leaving a child young person in any situation without arranging necessary care for them and with no intention of returning
• Neglectful supervision – failure to provide developmentally appropriate or legally required supervision
• Refusal to assume parental responsibility – unwillingness or inability to provide appropriate care for a child.”

From Child Matters website: www.childmatters.org.nz

https://www.childmatters.org.nz/insights/what-is-child-abuse/what-is-child-abuse/

Our kaiako undertakes documented efforts (i.e. records of professional training undertaken on the subject and/or information shared amongst kaiako or sought from agencies, advice sought and received, or other efforts undertaken) to gain an understanding of tamaiti abuse and neglect as defined by Oranga Tamariki.

Definition of Children’s Worker:

Under the Children’s Act 2014

• A children’s worker is a person whose work “may or does involve regular or overnight contact with a child or children, and takes place without a parent/guardian of the child, or of each child, being present”. This will include all people on site in an early learning service when the service is operating, irrespective of whether or not a person is paid, voluntary, or trialling for a role. It is the nature of work with children without parental supervision which is most important. A visitor with unsupervised access to children in a centre is not allowed. Van drivers for pick-up/drop-off services are children’s workers.
• Work means paid, or unpaid as part of educational or vocational training service
• Regular or overnight contact means overnight, or at least once each week, or on at least 4 days each month.

Under the Education Act

• If a person will, or may have unsupervised access to children, then they will need to be police vetted as the Education Act requires this (see sections 319D-FE)

Education and Training Amendment Bill (No3)

•  Changes to the Education and Training Act 2020 clarify the Police vetting provisions for non-teaching employees and contractors in licensed early childhood services.
• The clarification of the existing law makes it explicit that service providers of licensed ECE services will need to consider the Police vet obtained for their non-teaching employees and contractors, to assess any risk to the safety of tamariki before those employees begin work or in the case of contractors, before they have unsupervised access to tamariki.

If neither of these requirements applies, the person is a visitor to our Centre.

It is mandatory to carry out safety checks, regardless of whether children’s workers are core workers or non-core workers.

Policy principles:  How does our Centre keep tamariki safe?

• The interest and protection of the tamaiti is paramount in all actions.
• Centre strategies will emphasise prevention of tamaiti neglect and abuse and support for whānau.
• We recognise the rights of whānau to participate in the decision-making about their tamariki.
• We recognise the rights of our tamariki to make decisions about themselves and have agency.
• We have a commitment to ensure that all kaiako are able to identify the signs and symptoms of potential abuse and neglect and are empowered to take appropriate action in response.
• In order for tamariki to be safe from abuse and or neglect, both parents and kaiako need a shared understanding of what abuse and neglect is, how it can present, and how it can be prevented.  This shared understanding and commitment is shared with parents and whānau.
• We are committed to supporting all kaiako to work in accordance with this policy, to work with partner agencies and organisations to ensure tamaiti protection policies are consistent and of high quality.
• We will always comply with relevant legislative responsibilities.
• We are committed to share information in a timely way and to discuss any concerns about an individual tamaiti with colleagues or the Manager
• We are committed to promote a culture where kaiako feel confident that they can raise issues of concern without fear of reprisal.

Policy Principle:  Ill-treatment of tamariki by kaiako

• Any ill-treatment and seclusion of tamariki by persons employed or engaged by an early service provider is prohibited, as per Education and Training Act 2020 (24)(1)(2); Prohibition on corporal punishment and seclusion in early childhood services.
• In the event that a kaiako is alleged to have ill-treated a tamaiti, an investigation will be initiated immediately.
• Mitigating actions will be taken to ensure that the kaiako who is investigated will not come into contact with the tamaiti.
• When the complaint investigation is complete and a decision has been made, the employee, parents, the Ministry of Education and the Teaching Council will be informed in writing.
• The investigation report may suggest sanctions as specified under ‘serious misconduct’ centre policies.
• The investigation process is carried out in accordance with centre disciplinary processes. Evidence is gathered and a written record is kept of the process, evidence, and findings. All statements are signed.

Detail

Competent and support kaiako

We make sure all kaiako know and understand what abuse and neglect are, and how to recognise indicators (see Appendix 1).

We make sure that all kaiako know and understand that corporal punishment and seclusion of tamariki are strictly prohibited in our Centre, in line with Section 24 of the Education and Training Act 2020.

We encourage our kaiako to talk to someone experienced, for a different point of view, or for ideas about how to support whānau.  We also have these contacts readily available to give to our whānau:

• Parent Help – 0800 568 856
• Oranga Tamariki – 0508 326 459
• Are You OK – 0800 456 450 (Family Violence Information Line)
• Plunket Helpline on 0800 933 922.

Safety Checking of Staff

• We conduct safety checks of all staff in accordance with Ministry of Education, Licensing Criteria (GMA7A) and Children’s Act 2014 requirements. (as per the Centre Safety Check Procedure and Risk Assessment Procedure for new and existing children’s workers)

Relationships with Parents

We will form good relationships with parents and be aware of issues that make life extra hard for parents (see Appendix 2).

We will monitor situations and offer help and support to parents / whānau where we can.

We will make available and provide information and contact details of support agencies within our community

Our centre will share with parents of tamariki who attend our Centre, our tamaiti protection policy.

Procedures

The Manager will:

• Always prioritise the safety and wellbeing of the tamariki.   
• Maintain confidentiality.
• Respect the rights of those involved during any investigation.
• Maintain and increase kaiako awareness of how to prevent, recognise and respond to abuse, including learning about appropriate and inappropriate touching.
• Immediately investigate, fully and objectively, any reports of incidents, allegations or suspicions of tamaiti abuse and record in writing. The Manager will, where appropriate, seek the assistance of the Ministry of Education, Oranga Tamariki and/or other professional agencies in order to conduct a full investigation.
• Report tamariki abuse to the Police or Oranga Tamariki.
• Inform parents after discussing the best way to do this with Police or Oranga Tamariki advisors. If a family member or close associate of the family or whānau is suspected of tamaiti abuse, the parent(s) may not initially be informed, but we will ensure that the information is disclosed by an appropriate person at an appropriate time.
• Suspend a staff member under suspicion until a full investigation can be completed.
• Carry out staff safety checking (including Police Vetting) in accordance with the Children’s (Requirements for Safety Checks of Children’s Workers) Regulations 2015
• A Supervision Policy is in place.  Unauthorised persons are not left unsupervised with the tamariki. Give no one, other than employed kaiako over the age of 17 years, tasks that involve nappy changing, toileting or responsibility for the supervision of tamariki.
• Ensure that kaiako and other adults visiting or working in the Centre are well supported and visible in the activities they perform with tamariki. While we respect the privacy of our tamariki, kaiako and visitors, visibility will be given priority to ensure the safety of all concerned.
• Understand Safe Practice:  Respond appropriately to tamariki who initiates physical contact in seeking affection, reassurance or comfort. It is not appropriate to force any form of unwanted affection/touching on tamariki.
• Ensure no tamaiti is taken from the Centre by any kaiako or adult, without the permission of a parent, except in the case of an emergency.
• Maintain appropriate records.
• Ensure our procedures protect kaiako from unjustified allegations of abuse.
• Ensure we have resources for tamariki and adults on tamaiti abuse.
• Should a neglect or abuse situation occur or come to the attention of the Manager, and should a report/referral to Oranga Tamariki or the Police be made, we are also under an obligation to report the matter to the Ministry of Education (HS34).

Kaiako will:

• Always prioritise the safety and wellbeing of tamariki.  If a tamaiti is in danger, the Police will be called.
• Familiarise themselves with this policy.
• Immediately notify the Manager if they observe signs of tamaiti abuse or anyone reports to them any suspicions of tamaiti abuse of tamariki at the Centre, or a pattern of neglect or concerns is identified.
• Maintain confidentiality. Failure of kaiako to comply with this policy will be regarded as serious misconduct.
• Understanding Safe Practice:  Respond appropriately to tamariki who initiate physical contact in seeking affection, reassurance or comfort. It is not appropriate to force any form of unwanted affection/touching on a tamariki.
• Never take tamariki from the Centre without the permission of a parent, except in the case of an emergency where clearance has been obtained from the Manager or Team Leaders.

Protected Disclosure

When a kaiako or associate brings a case of tamaiti abuse to the attention of the Manager or the authorities, we will not disclose the name of the person without their permission unless it is to Oranga Tamariki or the Police and is necessary to do so in the interests of the tamaiti.

Preventing Contact, Identifying, and Responding to suspected abuse

Preventing Contact

If we suspect someone of tamaiti abuse, we must prevent them from coming into contact with any tamariki in our Centre. We may need to exclude them from our premises (see Regulation 56(external link)).

People who are unwell could be unwell physically or mentally. If we suspect someone of being physically or mentally unwell in a way that could pose a risk to tamariki, we prevent them from coming into contact with any tamariki in our Centre, which may involve excluding them from our premises (see Regulation 57(external link)):

Physical or mental unwellness includes:

•  any physical or mental condition that could be dangerous (for example, strange or disturbing behaviour, aggression)
• any infectious or contagious disease or condition (for example, the flu or COVID-19)

Alcohol / Drugs:

We ensure that no adults in our Centre are abusing or are under the influence of alcohol or any other substance that has a detrimental effect on their behaviour or ability to function during opening hours (including drop-offs and pick-ups).

Making sure adults with access to tamariki are safe
Safety checking
We carry out a formal safety check on our kaiako and other staff before they start work in the Centre, and then re-check them every three years (see Part 3 of the Children’s Act).

Identifying and reporting real or potential cases of harm to tamariki

• For further information and contact details for agencies providing assistance:  https://www.education.govt.nz/early-childhood/child-wellbeing-and-participation/child-protection/
• https://www.education.govt.nz/early-childhood/child-wellbeing-and-participation/child-protection/#reporting

Responding

• Anyone can report tamaiti abuse
• If a tamaiti is in danger, call 111
• Responding to a tamaiti when they disclose abuse or when there are concerns about abuse or neglect – a phone call to Oranga Tamariki to discuss appropriate next steps
• Responding to more general concerns about the wellbeing of a tamaiti, where referral to the statutory agencies (Oranga Tamariki or the Police) is not appropriate – e.g. referral to a whānau support agency in the community, such as Social Workers in Schools, Strengthening Families or Whānau Ora is more appropriate.

Process of Responding to a tamaiti when they disclose abuse:

1)    Listen to the tamaiti

• Disclosures by tamariki are often subtle and need to be handled with particular care, including an awareness of their cultural identity and how that affects interpretation of their behaviour and language.

2)    Reassure the tamaiti
Let the tamaiti know that they:

• Are not in trouble.
• Have done the right thing.

3)    Ask open-ended prompts – e.g., “What happened next?”

• Do not interview the tamaiti (in other words, do not ask questions beyond open prompts for the tamaiti to continue). Do not make promises that can’t be kept, e.g., “I will keep you safe now”.

4)    If the tamaiti is visibly distressed

• Provide appropriate reassurance and re-engage in appropriate activities under supervision until they are able to participate in ordinary activities.

5)    If the tamaiti is not in immediate danger

• Re-involve the tamaiti in ordinary activities and explain what you are going to do next.

6)    If the tamaiti is in immediate danger

• Contact the Police immediately

7)    As soon as possible formally record the disclosure

• Record
• Word for word, what the tamaiti said.
• The date, time and who was present.

Responding to other concerns

Where a concern about a tamaiti doesn’t amount to suspicion of abuse or neglect, it could be harmful to the wellbeing of the tamaiti and their whānau to make a notification to the statutory agencies. Instead, we will work to partner with social service providers in our community to identify and address the needs of the tamaiti.

Some examples of the services we may work with are:  Strengthening Families, Whānau Ora, Iwi Social Services, Social Workers in Schools, Children’s Teams, family/whānau counselling agencies, budget services and mental health and drug and alcohol services.

Source: https://www.orangatamariki.govt.nz/assets/Uploads/Working-with-children/Childrens-act-requirements/Safer-Organisations-safer-children.pdf

Confidentiality and information sharing

The Privacy Act 2020 and the Children’s Act 2014 allow information to be shared to keep tamariki safe when abuse or suspected abuse is reported or investigated. Under the Children’s Act, any person who believes that a tamaiti has been, or is likely to be, harmed physically, emotionally or sexually or ill-treated, abused, neglected or deprived may report the matter to Oranga Tamariki or the Police and, provided that the report is made in good faith, no civil, criminal or disciplinary proceedings may be brought against them.

Alignment with Other Policies

• Personnel policies – police checks, safety checks and careful employment of permanent or temporary staff, casual staff, volunteers
• Outings & Excursions policy
• Complaints policy
• Accident & Illness policy

Relevant Background (including legislation/regulation references)

Regulation 46 Health and Safety Practices standard: general (1) of the Education (Early Childhood Services) Regulations 2008.

Licensing Criteria 2008, Health and Safety, Child Protection documentation required:

• HS31: A process for the prevention of child abuse and a procedure for responding to suspected child abuse. Documents are consistent with or New Zealand Police and the Ministry for Vulnerable Children, Oranga Tamariki guidelines.
• HS32: all practicable steps are taken to protect children from exposure to inappropriate material (for example, of an explicitly sexual or violent nature).

Education and Training Act (2020): Prohibition of corporal punishment and seclusion in early childhood services. https://www.legislation.govt.nz/act/public/2020/0038/latest/LMS257112.html

Regulation 46 Health and Safety Practices standard: general (1) of the Education (Early Childhood Services) Regulations 2008.

Further information can be found here:

https://www.justice.govt.nz/family/keep-children-safe/

Impacts of Policy on Staff, Parents and Tamariki

Information, discussion, trusting relationships and clear procedures will strengthen the ability of staff, parents and tamariki to work together to adequately protect all the tamariki who attend the Centre.

Alignment with the Philosophy of Midcity Childcare

This policy is aligned with the Centre’s philosophy.

Implementation

We build discussions into enrolment procedures and kaiako PLD.

Review

Review annually or when there is a significant change in the area of the policy topic.

Authorised: Manager
Date: June 2024
Review Date: June 2025
Consultation Undertaken: Management/Staff/Parents & Whānau/Local Child Abuse Agencies
Appendix 1 – Indicators of Abuse and Neglect

Appendix 2 – Risk Factors of Child Abuse