Domestic violence and child protection
Domestic violence is a child protection issue | Requirements for workers
Reporting | What happens when there is a report to DoCS?
NSW Interagency Guidelines for Child Protection Intervention
Domestic violence is a child protection issue
All domestic violence interventions must have a child protection perspective.
Requirements for workers
All mandated reporters (which includes all health and welfare workers, police and child care workers):
- Should be able to respond appropriately if a child, young person or adult tells them of abuse
- Are required to report to the Department of Community Services (DoCS) if they suspect a child under 16 years has been abused or neglected, or is at risk of being abused. They may report their concerns to DoCS if the young person is between 16 and under 18 years of age (Department of Education and Training staff must report risk of harm concerns about a young person between 16 and under 18 years of age).
- Do not need to get permission from their supervisor or the care giver in order to make a report to DoCS
- Can seek feedback from DoCS about their report
- Should be aware of the Charter of Victims Rights and be able to provide victims of crime with relevant information about their rights
- Must know where to get support if they need it because dealing with child abuse or neglect is sometimes complex and can be stressful.
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Reporting
Serious psychological harm involves the impairment of, disturbance or damage to a child or young person’s physical, cognitive, emotional, behavioural or social development. There are varied manifestations of serious psychological harm that are dependant on age, personality, length of exposure to incidents of domestic violence, nature of incidents of domestic violence and remedial assistance, if any, provided to the child or young person and their family. (Child Protection Interagency Guidelines 2000)
The Children and Young Persons
(Care and Protection) Act 1998 provides the legislative base for child protection and requires that cases of children or young people who are "at risk of serious physical or psychological harm" because they live in a household where there is domestic violence must be reported to DoCS.
Risk of harm
Risk of harm refers to the likelihood that a child or young person may suffer physical, psychological or emotional harm as a result of what is done (physical, sexual or psychological abuse) or not done (neglect) by another person, often an adult responsible for their care.
Risk of harm and domestic violence
Children and young people may experience harm from domestic violence on a number of levels:
- As direct victims of neglect, physical and psychological abuse
- As ‘indirect’ victims when attempting to protect a person
- As victims of emotional and psychological trauma by living in a climate of fear and intimidation
- As a tool for the perpetrator in controlling a woman’s behaviour - this may impact on the relationship between the woman and her children.
Serious harm
Serious psychological harm should be assumed in the following situations:
- The repetition or an escalation in frequency or severity of violence in the household where a child or young person has been physically harmed
- If the victim has required medical attention
- Where weapons have been used
- Where an apprehended violence order has been issued and/or breached.
When making a judgment on the likelihood of harm it is also crucial to consider:
- Whether the caregiver’s level of victimisation is such that they are unable to act protectively towards the child or young person
- Whether domestic violence coexists with one or more factors such as the hazardous use of alcohol or other drugs
- Whether there are other issues that may increase the vulnerability of the family including the presence of a mental health problem or a disability.
| Key questions for reporters
The key questions for reporters in qualifying the notion of ‘serious’ physical or psychological harm, not just any harm are:
- Does the child or young person live in a household where there is domestic violence? AND
- As a consequence, are they at risk of suffering serious physical harm OR serious psychological harm?
(Note: NSW Police officers must report to DoCS all cases of domestic violence where children are present.)
A report
A report is information provided to the Department of Community Services by a person who forms the belief on reasonable grounds that there are current concerns for a child, young person or a class of children due to risk of harm from abuse or neglect. (‘Report’ has replaced the term ‘notify’.)
Mandatory reporting
If any of the following people have reasonable grounds to suspect that a child is at risk of harm, and those grounds arise during the course of or from the person's work then they must make a report to the Department of Community Services:
- a person who, in the course of his or her professional work or other paid employment delivers health care, welfare, education, children's services, residential services, or law enforcement, wholly or partly, to children, and
- a person who holds a management position in an organisation the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare, education, children's services, residential services, or law enforcement, wholly or partly, to children.
Anyone may report
Anyone who has reasonable grounds to suspect that a child or young person is at risk of harm from abuse, may make a
report to DoCS. |
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What happens when there is a report to DoCS?
Assessments and/ or investigations
When someone reports to DoCS their concern that a child (0 to under 16) or young person (16 to under 18) is being abused or neglected or at risk of abuse or neglect DoCS is required to determine the appropriate action.
When a report is made, DoCS staff will ask for information to help them assess the risk facing the child/young person. If the child or young person is in immediate danger, steps will be taken to reduce the level of risk and protect the child or young person.
If the child or young person is found to be in need of care and protection, DoCS will take protective action. In many cases this will entail providing practical help to the family such as organising childcare, emergency finance, providing a referral for counselling or information on health or other services. | In some cases, DoCS may take the matter to the Children’s Court, which decides what should happen next. The Court can make a range of orders including those for supervision, medical or psychological assessment or health services.
The Court can also order that a child or young person be placed in DoCS’ care for a period of time. If this happens, DoCS will arrange a placement for the child or young person. Where possible children and young people are placed with extended family members (eg grandparents, aunt etc). Sometimes they are placed with a foster carer or in alternative accommodation.
Children and young people who are victims of crime may also have entitlements to approved counselling and/or victims compensation through Victims Services |
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NSW Interagency Guidelines for Child Protection Intervention
The NSW Interagency Guidelines for Child Protection Intervention, 2000 edition establish the interagency framework and best practice for child protection work.
As all domestic violence interventions must have a child protection perspective it is essential for all those involved with domestic violence to implement these Guidelines within the context of the Children and Young Persons (Care and Protection ) Act 1998. | Domestic Violence Interagency Guidelines
The Domestic Violence Interagency Guidelines do not duplicate the Interagency Guidelines for Child Protection Intervention.
They do provide cross references to appropriate sections and issues.
If these Domestic Violence Interagency Guidelines are inconsistent with the Interagency Guidelines for Child Protection Intervention the Child Protection Guidelines should prevail. |
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