ISSUES in CHILD PROTECTION and OUT-OF-HOME CARE Peaks Forum

1. ISSUES in CHILD PROTECTION andOUT-OF-HOME CAREPeaks Forum January 2008 Judy Cashmore

2. Terms of Reference • To examine, report on and make recommendations in relation to: • The system for reporting of child abuse and neglect, including mandatory reporting, reporting thresholds and feedback to reporters; • Management of reports, including the adequacy and efficiency of systems and processes for intake, assessment, prioritisation, investigation and decision-making; • Management of cases requiring ongoing work, including referrals for services and monitoring and supervision of families; • Recording of essential information and capacity to collate and utilise data about the child protection system to target resources efficiently; • Professional capacity and professional supervision of the casework and allied staff; • The adequacy of the current statutory framework for child protection including roles and responsibilities of mandatory reporters, DoCS, the courts and oversight agencies; • The adequacy of arrangements for inter-agency cooperation in child protection cases; • The adequacy of arrangements for children in out of home care; • The adequacy of resources in the child protection system..

3. Issues in child protection • Increasing reports / notifications – inadequate response • Concern that definitions of abuse and neglect are too broad – ‘risk of harm’ vs ‘significant harm’ • Under-reporting and over-reporting • Concern about forensic investigative response rather than holistic response to child’s needs – 2002 inquiry • Poor risk assessment ? Unrealistic expectations • Need for proactive preventive approach, not just reactive response

4. Main issues in out-of-home care • Multi-problem families esp parental violence, drug and alcohol abuse, mental illness • Particular concern re infants and neglect esp Indigenous families • Managing reunification – longer term support needed • Increasing concern about failures of system • Shortage of appropriate foster carersesp Indigenous families • Increasing expectations • Increasingly difficult care-giving • Lack of specialist workers – low priority work, relationship with children?

5. Response to maltreatment allegations • Duty to investigate all reports? • Ability to prioritise? • Over-burdened services -> labeling but no service • Mandatory reporting • Who should report what? (s.29) • Rgularising reporters – previously by law, regulation, direction etc • Inter-agency responsibility • Partnership with parents and families? • Need for proper assessment re immediate safety, risk of harm, needs of child and family  Focus on outcomes for children rather than actions of parents/carers

6. Legislative changes 1998 Act • Purpose of definition – reports vs requests for assistance (esp ‘inadequate provision’ vs poverty) • Different levels of severity for: • Reporting abuse – mandatory reporting • Responding to abuse • Taking court action • Clearer focus on current concerns based on severity and chronicity and harm or risk of harm • Inclusion of exposure to domestic violence and homelessness but ‘serious psychological harm’

7. Understanding the figures • NSW DoCS cf AIHW figures • Changes over time • Children vs reports • Interpreting the figures • Increased awareness and reporting ? • Increased abuse and neglect?

8. Based on figure from Eric Scott (2006)

9. NSW DoCS cf AIHW figures • Very similar trends for number of reports but AIHW lower in number of reports • Not include ‘child protection concerns’ • Both DoCS and AIHW count each child in the family - include one report per child if more than one child per family • AIHW counts more than one report about the same ‘event’ as one report • DoCS figures suggest that on average DoCS receives two reports per child

10. NSW DoCS cf AIHW figures • Very similar trends and numbers for number of children: • 2005-6: no of children reported / notified • NSW DoCS: 109,568 • AIHW: 85,302 [99,949 in 2006-7] * • 2005-6: no of children in substantiated reports • NSW DoCS: 12,956 (3,771 at risk; 9,185 actual harm) • AIHW: 12,627 [13,769 in 2006-7] *

11. NSW cf Victoria • Quite similar numbers of reports till 2000-01 ie 30-40,000 [AIHW figures] • Victoria consistently around 36-37,000 this decade • NSW increased from 30,398 in 2000-01 • to .... 55,208 in 2001-02 • and .... 109,498 in 2002-03 • and ... 189,928 in 2006-07

12. Based on AIHW figures

13. SOURCE OF REPORTS2005-06 * Finalised, not substantiated

14. NSW DoCS figures 2005-6

15. Reasons for increased reports, substantiations ? • Broadened definitions of abuse and neglect • eg physical abuse/punishment; exposure to violence • Lowered threshold – ‘risk of harm’ / “serious psychological harm” • Expansion of mandatory reporting ... • Defensive reporting - $22,000 fine ? • Frustrated reporting – renotifications – lack of services? • Increased recording – centralised call centres cf local CSCs • Gateway to early intervention services via child protection system in NSW? • Increased ‘investigations  [more substantations] • Increasing societal ‘risk aversiveness’ – decreasing tolerance • Increasing incidence /awareness of parental substance abuse, family violence, mental health – Vic report; NSW DoCS data

16. Source: KiDS Annual Statistical Extracts and Corporate Information Warehouse annual data. Produced by, DoCS Information and Reporting. Source: KiDS Annual Statistical Extracts and Corporate Information Warehouse annual data.

17. Source: CIS & KiDS annual statistical extracts, Corporate Information Warehouse annual data. Produced by, DoCS Information and Reporting. Child protection reports by primary reported issue, 2004-05 & 2005-06

18. Source: KiDS Annual Statistical Extract, Corporate Information Warehouse annual data. Produced by: Information and Reporting.

19. Forensic vsHolistic approach approach • Focus on early intervention • Less adversarial • What is needed to ensure child’s safety, welfare and well-being? • Family support • Comprehensive assessment • Context and cumulative harm • Range of options • Search for evidence • What happened to whom? • Who is responsible? • Focus on substantiating allegations • Focus on individual incidents of reported abuse / neglect

20. Table 4.3: Number of children aged 0–17 years in out-of-home care, states and territories, 30 June 1997 to 30 June 2007 * 7,892 Indigenous (27.7%)

21. Table 4.7: Rates of children in out-of-home care, states and territories, 30 June 1997 to 30 June 2007 (per 1,000 children) * Indigenous rate: 36.1 cf non-Indigenous: 4.4

22. Table 5.1: Number of children aged 0–17 years commencing intensive family support services, by age at commencement of service, states and territories, 2006–07

23. Table 3.6: Children on care and protection orders, by type of order, states and territories, at 30 June 2007

24. Implications • Sustainability • Dealing with increased ‘reporting’ • Dealing with increased abuse, neglect, inadequate parenting • Resources for children in out-of-home care • Indigenous children • Coherence of legislation, policy and practice