Child Protection Policy - Simply Dental

Background

Simply Dental recognises and is committed to the principle contained in Article 19 of the UN Convention on the Rights of the Child that all children, wherever they may live and whatever may be their circumstances, have the right to be protected, nurtured and to be free from all forms of violence, abuse, neglect, maltreatment and exploitation. SIMPLY DENTAL acknowledges that interactions with children and families are a part of the organisation’s work, and that as a result a child protection policy detailing child safety promotion strategies is of the utmost importance. Moreover in New Zealand (NZ), the Vulnerable Children Act 2014 requires that a child protection policy be adopted by organisations providing children’s services (see definitions below).

Objectives

Simply Dental is committed to upholding best practice guidelines and local laws relating to child safety in its work. The purpose of this policy is to outline the strategies by which child abuse and neglect will be prevented, as follows:

Defining child abuse in its various forms
Ensuring appropriate recruitment, selection and screening of SIMPLY DENTAL stakeholders, including safety checks in compliance with Section 31 of the Vulnerable Children’s Act 2014
Increasing awareness of child protection issues amongst SIMPLY DENTAL stakeholders, including awareness of possible indicators of abuse and/or concerning behaviours, and the responsibilities of various stakeholders
Assigning SIMPLY DENTAL staff members as Child Protection Officers (CPO)
Outlining clear procedures for responding to child abuse disclosures, allegations and observations of concern
Stipulating protocols for appropriate use of children’s images (including photographs, videos, DVDs etc) in marketing activities and communications
Outlining a code of conduct for engagement with children
Outlining principles relating to confidentiality and information sharing
Identifying contact information for the CPOs and key services.
Making information accessible to families regarding SIMPLY DENTAL’s child protection policy, SIMPLY DENTAL’s complaints process, and where to get help.
Reviewing child protection policy standards on a regular basis

Principles

SIMPLY DENTAL adopts a zero tolerance approach to child abuse.
Child safety is of paramount importance, with other issues (including cost of implementation) being secondary.
SIMPLY DENTAL affirms that all children in all circumstances have the right to feel and to be safe and to live free from harm, exploitation and abuse.
Personal dignity and respect for children and young people is maintained through all projects, programmes and departments
SIMPLY DENTAL will seek to incorporate the voice of children in shaping the development programmes that affect them.
SIMPLY DENTAL will work to strengthen a local community’s culture and customary traditions. However, it is acknowledged that if cultural practices are contradictory to a child’s rights, SIMPLY DENTAL will work with the community (where possible) to change such practices.
SIMPLY DENTAL will work to reduce the risks children face, both from outside and within the family. These activities will be assessed throughout the monitoring and evaluation of projects.
Any proven act of child abuse will be grounds for termination of employment/cessation of involvement.
Every stakeholder involved with SIMPLY DENTAL will be aware of their responsibilities in relation to child protection.

Definitions

Key definitions

Child:

In keeping with the UN Convention on the Rights of the Child, a child in this policy is a person under the age of 18 years.

Child Protection Officer:

A Child Protection Officer is a person within Simply Dental who is responsible for the safeguarding of children. This person is responsible for ensuring that child protection is a key focus with Simply Dental, both at a strategic level and on a day to day basis (see later section for further information).

Children’s services (as per the Vulnerable Children Act 2014) are any of the following:
- Services provided to one or more children;
- Services to adults in respect of one or more children;
- Services provided to adults living in households that include one or more children, and that do or may affect significantly one or more aspects of the wellbeing of those children.
Relevant leader:

For the purpose of this policy, the ‘relevant leader’ to be involved in a decision making process is determined by the role of the person in question, i.e. for current or prospective staff or volunteers of an Affiliate, the General Manager of that Affiliate is the relevant leader; for current or prospective staff or volunteers of the National Support Centre, the CEO of the National Support Centre is the relevant leader; for current or prospective directors of any board, the Director of that board is the relevant leader.

Staff:

Any person working for or at Simply Dental and includes, but is not limited to, Directors, employees, consultants, contractors, volunteers, interns and students, whether working on a full time, part time, casual or temporary basis.

Supervised/Unsupervised access related to children:

A person has supervised access to a child if they are able to interact with the child (including over the phone/internet) under the sustained, attentive, and line-of-sight supervision of a SIMPLY DENTAL staff member who has police clearance. Conversely, a person has unsupervised access to a child if any of these conditions are not met.

Definitions of child abuse

There are several forms of child abuse, all of which have the potential to have a significant impact on the ongoing life of the child. They include:

Child Abuse:

As per the Oranga Tamariki Act 1989, child abuse is the harming (whether physically, emotionally or sexually), ill treatment, abuse, neglect, or deprivation of any child.

Physical Abuse:

A non-accidental act on a child that results in physical harm. This includes, but is not limited to, beating, hitting, shaking, burning, drowning, suffocating, biting, poisoning or otherwise causing physical harm to a child. Physical abuse also involves the fabrication or inducing of illness.

Emotional Abuse:

Any act or omission that results in impaired psychological, social, intellectual and/or emotional functioning and development of a child.

Neglect:

Any act or omission that results in impaired physical functioning, injury and/or development of a child.

Sexual Abuse:

An act or acts that result in the sexual exploitation of a child, whether consensual or not. Sexual abuse can be committed by a relative, a trusted friend, an associate, or someone unknown to the child.

Family Violence:

Can take many forms and includes not only acts of physical violence, but also intimidating behaviour such as threatening to harm people, pets or property. Children are always affected either emotionally or physically where there is family violence even if they are not personally injured or physically present.

Commercial Sexual Exploitation (CSEC):

CSEC occurs when a child is sexually abused or exploited in return for cash or any other goods or services. Examples of CSEC include children in prostitution, children involved as subjects in child pornography and child sex tourism.

Note that harmful behaviour may be perpetrated by one child against another.

Source: Child Matters ‘How Can I Tell?’

Recruitment, selection and screening

As part of SIMPLY DENTAL’s commitment to upholding child protection principles, SIMPLY DENTAL will at all times undertake comprehensive recruitment, screening and selection procedures for all Directors, staff, consultants, interns and volunteers prior to their active involvement with SIMPLY DENTAL programs. These procedures will include:

Exploration through interview processes of child protection issues with candidates whose role would involve unsupervised access to children or supervision of others (suggested questions in appendix A)
Reference checking procedures for all potential employees including confirmation of identity and at least two comprehensive reference and character checks prior to the offering of any position. Where the candidate’s role would involve unsupervised access to children or supervision of others, these reference checks will involve asking specifically about child safety (see suggested questions in appendix B), and will be documented and filed accordingly.
Police checks at the point of recruitment and every two years for those whose roles involve unsupervised access to children and children’s information, and for those involved in supervising others.
An assessment of the risk the person would pose to the safety of children if employed or engaged in any SIMPLY DENTAL programme (risk matrix suggested in appendix C).
Re-assessment of the ongoing suitability of individuals to engage in roles involving contact with children on a three-yearly basis.

Increasing awareness of child protection; staff training

SIMPLY DENTAL is committed to ensuring that all Directors, staff, consultants, interns and volunteers are aware of child protection issues and that each person has a responsibility to uphold the rights of the child at all times. Awareness will be promoted via induction/orientation, promotion of the role of the Child Protection Officer (CPO), the provision of specialist training where required, and the regular discussion of child protection matters in meetings and line management.

During induction/training, all SIMPLY DENTAL employees, Directors, interns and volunteers will be given a copy of the Child Protection Policy. Those in roles involving contact with children will read the policy on a periodic basis.

Increasing awareness of child protection will also involve increased awareness of possible indicators of abuse, such as those outlined in appendix D.

Child Protection Officer

SIMPLY DENTAL has a minimum of two designated staff members acting in the role of Child Protection Officer (CPO). The people in this role will receive specialist training, completing a minimum of a one-week child protection training programme such as that offered by Child Matters.

This role entails the following duties:

Ensuring child protection policy and procedures are up to date and relevant
Ensuring police checks are up to date for each relevant SIMPLY DENTAL staff member, volunteer, Director and intern (refer to Police Checking Policy)
Ensuring induction/orientation processes adequately cover the SIMPLY DENTAL Child Protection Policy and any associated procedures
Providing training sessions for staff where required, within their scope of expertise
Identifying needs for more specialist training and making recommendations to the relevant leader
Being readily available for consultation via phone, including after hours.
Together with the SIMPLY DENTAL CEO, jointly responding to any disclosures or allegations of child abuse or neglect, any observations of concern or any other actions that directly contradict SIMPLY DENTAL’s child protection policy. Responses will include the following:
- Advice as to best practice in the event of concerns of abuse. Where relevant, this will include advising those on the ‘front line’ as to how to best respond to a child or adult who has disclosed or alleged abuse
- Liaising with the SIMPLY DENTAL CEO in a timely manner
- Ensuring that all events that come to their attention are appropriately recorded (a possible index template is provided in appendix E; a possible internal reporting form is provided in appendix F).
- Advising as to whether and how a report should be made to child protection authorities (i.e. Oranga Tamariki) and/or Police
Acting as a key facilitator to ensure that any allegations or suspicions are followed up in consultation with relevant authorities.
Maintaining up-to-date knowledge of current legislation and best practice
Developing and maintaining knowledge as to how cultural practices relating to parenting and child-care interact with child protection principles
Being involved in regular review of the SIMPLY DENTAL Child Protection Policy, including advising on any changes to law or best practice.
Being involved in regular review and development of child protection procedures and associated documentation, such as the appendices to this policy.

SIMPLY DENTAL and its Affiliates will equip the CPO’s to fulfil the duties of their role, and will ensure that all staff, Directors, interns and volunteers are aware of who the CPOs are and how to contact them.

Child Protection Procedures

Procedures for responding to child abuse disclosures, allegations and observations of concern follow.

General Principles

Procedures adhere to New Zealand legislation and best practice.
Where child abuse is known, or suspected, everything must be done to ensure the ongoing safety of the child concerned, along with the ongoing safety of any other child who is in close connection to the alleged offender. The child is the primary concern and all other concerns (including the guilt or innocence of the alleged offender) must be secondary. This does not mean that the alleged offender is to be considered guilty without due investigation, but that the child’s concerns and safety come first. In no way must any child be left in a harmful, or potentially harmful, situation.
Procedures will involve consideration of whether parenting/child-care practices which culturally differ from those of the viewer may in fact be appropriate and protective. However this consideration will nevertheless hold the child’s safety and wellbeing as paramount, such that a practice which is considered to be culturally appropriate but is harmful to the child will be appropriately challenged, in consultation with the CPO.

Responding to child disclosures

Disclosures of abuse may come directly from a child and in this instance staff must:

stay calm;
listen and hear;
give time to the child to say what they want;
reassure them that they were right to tell;
tell the child that they are being taken seriously and that they are not to blame;
explain that they have to pass on what the child has told them as soon as they are aware that the child is making a disclosure;
give an age appropriate explanation to the child of what the child can expect to happen next;
Record in writing what was said as soon as possible, using the child’s own words where possible.;
Report the concern to the appropriate statutory agency, in consultation with the CPO.

Staff must not:

make the child repeat the story unnecessarily;
promise to keep secrets;
enquire in to the details of the alleged abuse;
ask leading questions.

Reporting procedures

All staff must report disclosures, observations of concern or allegations of child abuse to the CPO at the first possible opportunity to best ensure the safety of the child. A decision will be made as to whether to notify Oranga Tamariki. If an immediate response is required to ensure the child’s safety, staff should contact Oranga Tamariki and/or the NZ Police directly.
Advice should be sought from Oranga Tamariki and/or the Police before any information about an allegation that identifies an individual is shared with anyone other than the CPO.
All decisions, including if the concern does not require notifying Oranga Tamariki or the Police, must be recorded and kept as a private and confidential document (see appendix e).

Keeping whānau/family informed and involved

Although the family/whānau of the child will usually be informed of concerns, there may be times when those with parental responsibility may not be initially informed. This may happen in circumstances when:

a family/whānau member is the alleged offender;
it is possible that the child may be intimidated into silence;
there is a strong likelihood that evidence will be destroyed;
the child does not want their family/whānau involved and they are of an age when they are competent to make that decision.

Responding to allegations made against HFH staff

If the incident involves a HFH staff member, HFH has the right to stand down the staff member until a thorough investigation has occurred. Any staff member who has been stood down will continue to receive full pay, will be treated with respect, and will not be considered guilty or innocent until the investigation has been completed.
There is an ethical, moral and legal obligation that all incidents of physical, sexual or emotional abuse are reported. Any suspicion or allegation of any form of child abuse needs to be documented and reported to the CPO and CEO as soon as possible.
Any suspicion or allegation of child abuse, including the inappropriate use of printed or electronic materials (past or present) by a SIMPLY DENTAL stakeholder is to be immediately reported to the CPO (who will in turn immediately contact the CEO). It should be officially documented within 24 hours wherever possible; refer to appendix F.
The CPO and CEO will appoint a team to ensure that a formal investigation is made into the allegation/disclosure/observation. The investigation team may include any relevant internal staff (such as Directors or Managers). However note that NO internal investigation is to be undertaken, and NO evidence is to be gathered, that might prejudice an official Police or Oranga Tamariki investigation. Only once any Police and/or Oranga Tamariki investigations have concluded can any internal disciplinary investigations be undertaken.
All necessary steps will be taken after the investigation has been completed, which may include:
- Reinstatement of the accused and necessary actions to address any damaged reputation or confusion amongst SIMPLY DENTAL staff and stakeholders
- Dismissing the accused if proven guilty and liaising with appropriate authorities. The tendering of a resignation will not prevent an allegation being comprehensively investigated.
- Offering support to the SIMPLY DENTAL stakeholder involved
- Facilitating ongoing support for the child and their family, referring to appropriate agencies where required
NOTE: Confidentiality as to the details of the allegation and the identity of the alleged victim/s and perpetrator/s is to be upheld at all times throughout this process. The only exception to this is where the maintenance of confidentiality would further endanger a child, for example where a child makes a disclosure and asks that the SIMPLY DENTAL stakeholder not tell anyone. Confidentiality in this context means that only those specifically involved in the allegation and consequent investigation will be aware of personal information of those involved, and information will be passed on strictly on a ‘need to know’ basis. Should a statement need to be made to media, this is the role of the CEO.

A pictorial summary of these procedures can be found in appendix G.

Protocols for marketing and communications

SIMPLY DENTAL will take steps to ensure the appropriate use of children’s images (including photographs, videos, DVDs etc) in all its marketing activities and communications. As such:

Any image of or story relating to a child shall not be printed, scanned or distributed without written consent from the child or their parents/guardians.
All children should be appropriately dressed in images and concern for their dignity and respect will remain paramount at all times.
An image should not be taken which could view the child in a sexually suggestive manner.
An image or story should not in any way include information which will identify the child.
An image of or story relating to a child should portray a truthful account of their situation.

Code of Conduct for engagement with children

SIMPLY DENTAL will outline a code of conduct for engagement with children, which relates to engagement in person and via technology. This code of conduct will serve to ensure high standards of staff behaviour in order to protect children from abuse and at-risk situations, and to protect staff from unwarranted suspicion. The code will be included in training for all stakeholders who have contact with children, including staff, Directors, volunteers and interns. It will will be overseen and regularly updated by the CPO in consultation with the CEO.

The HFH code of conduct is provided in appendix H.

Confidentiality and information sharing

The child’s safety is of paramount concern in all considerations of confidentiality and information sharing.

Procedures for responding to child abuse disclosures, allegations and observations of concern will specifically detail the nature of our commitment to confidentiality as it applies in practice. In particular, procedures will clearly outline confidentiality protocols to be followed when an allegation is made against a SIMPLY DENTAL stakeholder, when a SIMPLY DENTAL stakeholder makes an observation of concern, and when a child makes a disclosure.

The principle of confidentiality is balanced against the paramount principle of child safety; any personal embarrassment, potential for individual or organizational reputational damage, potential for legal ramifications and even the child’s wishes are of secondary concern.

Under the Privacy Act 1993, the giving of information to protect children is not a breach of confidentiality. Principle 11 of the Privacy Act, 1993, states sharing of personal information is allowed if “disclosure of the information is necessary to prevent or lessen a serious threat”. Under the Oranga Tamariki Act 1989, if a member of staff raises a legitimate concern in good faith about suspected child abuse, which proves to be unfounded on investigation, no civil, criminal or disciplinary proceedings may be brought against that staff member.

Records relating to children and to child protection concerns (including the register in appendix e) will be stored in a secure manner, e.g. in password protected files or locked filing cabinets.

Where information about a child is requested for a reason other than suspected child abuse, the request is to be discussed with the relevant leader and the CPO, with reference (where relevant) to the section on protocols for marketing and communications. At a minimum:

The identity and credentials of the person requesting information should be verified;
The specific information required and purpose should be clarified;
Where relevant the family/whānau should be informed that the information has been requested, by whom;
All steps in the process should be documented.

Child protection contact information

SIMPLY DENTAL and its Affiliates will ensure that up to date contact details for the CPOs, relevant local authorities and key services are made available to all SIMPLY DENTAL stakeholders.

A suggested template to be filled out and distributed by each Affiliate is provided in appendix I. This template could be reviewed and updated by the CPO and CEO as part of the regular review of the Child Protection Policy.

Information accessibility to families

SIMPLY DENTAL and its Affiliates will make the following information accessible to families with whom the organisation interacts:

SIMPLY DENTAL’s Child Protection Policy
SIMPLY DENTAL’s Complaints Process, and Child-Friendly Complaints Process
Local information about where to get help, where required (e.g. local social services, legal support, women’s refuges, providers of counselling, providers of food parcels, panic buttons, helplines, domestic violence services, parenting support, culturally-specific services, interpreters, etc).