Student Information Kit - Child Protection

An overview of information about child abuse and the child protection system in Victoria.

What is child Abuse?

Child abuse is an act by parents or caregivers which endangers a child or young person's physical or emotional health or development.

Child abuse can be a single incident, but usually takes place over time.

In Victoria, under the Child and Young Persons Act (1989) a child or young person is a person under seventeen years of age.

Types of Abuse

Physical abuse occurs when a child suffers or is likely to suffer significant harm from an injury inflicted by a child's parent or caregiver.

The injury may be inflicted intentionally or may be the inadvertent consequence of physical punishment or physically aggressive treatment of a child. The injury may take the form of bruises, cuts, burns or fractures.

Sexual abuse occurs when a person uses power or authority over a child to involve the child in sexual activity and the child's parent or caregiver has not protected the child. Child sexual abuse involves a wide range of sexual activity. It includes fondling of the child's genitals, masturbation, oral sex, vaginal or anal penetration by a penis, finger or other object, or exposure of the child to pornography.

Emotional abuse occurs when a child's parent or caregiver repeatedly rejects the child or uses threats to frighten the child. This may involve name calling, put downs or continual coldness from the parent or caregiver, to the extent that it significantly damages the child's physical, social, intellectual or emotional development.

Neglect is the failure to provide the child with the basic necessities of life such as food, clothing, shelter, medical attention or supervision, to the extent that the child's health and development is, or is likely to be, significantly harmed.

What are the causes of child abuse?

There is not any single factor which causes child abuse; abuse usually occurs in families where there is a combination of risk factors. Abuse and neglect occur most in families who are under pressure and lack support. Most abuse, other than sexual abuse, occurs in families to which some, or all, of the following apply:

• Poverty
• Lack of education
• Serious marital problems
• Frequent change of addresses
• Violence between family members
• Lack of support from the extended family
• Loneliness and social isolation
• Unemployment
• Inadequate housing.

In some cases the abuser may also display the following:

• Very high expectations of the child and what the child should achieve
• The parent may have been abused as a child
• A lack of knowledge and skills in bringing up children
• Low self esteem and self confidence
• Depression
• Alcohol or drug abuse
• Mental or physical ill health
• Work pressures

Certain community attitudes may encourage child abuse. These include:

• Acceptance of the use of violence and force
• Acceptance of physical punishment of children
• Acceptance of parents "ownership" of children and their right to treat children as they see fit
• Racism
• Inequality between men and women.

Who are the abusers?

With child sexual abuse, the overwhelming majority of abusers are male, and the majority of victims are female although many boys are also abused. Sexual abuse is associated with attitudes to women and sex that men learn from a young age as well as unequal power relationships between men and women and adults and children.

Both men and women commit physical abuse, emotional abuse or neglect. It often depends on which parent spends most time with the child. Child abuse usually takes place in the home with someone that the child knows rather than with strangers.

Who is likely to be abused?

Abused children come from all levels of society, although most abused children who are reported to authorities are from families where there is high mobility, a lack of education, loneliness, poverty, unemployment, inadequate housing or social isolation. With physical abuse, emotional abuse and neglect, boys are somewhat more at risk than girls. However there are more girls sexually abused than boys. Abuse may be directed at only one child in the family.

Children can be abused at any age. Some children are more at risk of abuse – eg. under two years of age and children with disabilities.

Many adolescents are victims of child abuse and neglect. Sometimes abuse commences during adolescence as parents may experience difficulties in dealing with the adolescent's behaviour and desire for independence.

What are the effects of child abuse?

Abuse is harmful to children. Children may experience a range of emotional, psychological and physical problems and trauma as a result of being abused or neglected. All forms of abuse are likely to result in emotional problems for the child - in particular, a lack of self esteem and distrust of adults. The longer the abuse goes on, the more serious are the effects.

Abused and neglected children are more likely than other children to be self destructive or aggressive, to abuse drugs and alcohol, or become young offenders or "street kids". In some situations abuse and neglect may result in permanent physical damage.

In the longer term, adults who have been abused as children are also more likely to abuse their own children and often experience difficulties in forming satisfactory relationships with other adults.

Treatment and counselling services for children who have been abused assist in working through the trauma and in reducing the effects of the abuse. The most serious effects are likely to occur when no one takes action to stop the abuse and to protect the child.

How can abuse and neglect be recognised?

Behavioural or physical signs which assist in recognising child abuse are known as indicators. A single indicator can be as important an indicator as the presence of several indicators. A child's behaviour is likely to be affected if he/she is under stress.

There can be many causes of stress, including child abuse, and it is important to find out specifically what is causing the stress.

Physical abuse

Physical indicators include:

• Bruises, burns, sprains, dislocations, bits, cuts
• Fractured bones, especially in an infant where a fracture is unlikely to occur accidentally
• Poisoning
• Internal injuries

Possible behavioural indicators include:

• Showing wariness or distrust of adults
• Wearing long sleeved clothes on hot days (to hide bruising or other injury)
• Demonstrating fear of parents and of going home
• Becoming fearful when other children cry or shout
• Being excessively friendly to strangers
• Being very passive and compliant.

Sexual abuse

Sexual abuse is not usually identified through physical indicators. Often the first sign is when a child tells someone they trust that they have been sexually abused. However the presence of sexually transmitted diseases, pregnancy, vaginal or anal bleeding or discharge may indicate sexual abuse.

One or more of these behavioural indicators may be present:

• Child telling someone that sexual abuse has occurred
• Complaining of headaches or stomach pains
• Experiencing problems with school work
• Displaying sexual behaviour or knowledge which is unusual for the child's age
• Showing behaviour such as frequent rocking, sucking and biting
• Experiencing difficulties in sleeping
• Having difficulties in relating to adults and peers.

Emotional abuse

There are few physical indicators, although emotional abuse may cause delays in emotional, mental, or even physical development.

Possible behavioural indicators include:

• Displaying low self esteem
• Tending to be withdrawn, passive, tearful
• Displaying aggressive or demanding behaviour
• Being highly anxious
• Showing delayed speech
• Acting like a much younger child, for example soiling, wetting pants
• Displaying difficulties in relating to adults and peers.

Neglect

Physical indicators include:

• Frequent hunger
• Malnutrition
• Poor hygiene
• Inappropriate clothing - eg. summer clothes in winter
• Left unsupervised for long periods
• Medical needs not attended to
• Abandoned by parents.
  

Possible behavioural indicators include:

• Stealing food
• Staying at school outside school hours
• Often being tired, falling asleep in class
• Abusing alcohol or drugs
• Displaying aggressive behaviour
• Not getting on well with peers.
  

The presence of indicators such as those described above may alert us to the possibility that a child is being abused. It is important that anyone who has concerns that a child or young person is in need of protection contacts the local Child Protection Service for assistance and advice.

Myths about child sexual abuse

Many of us may know somebody who has been abused in some way by someone in their family. We all have ideas about why this abuse may happen. The following information aims to dispel some of the myths that surround child sexual abuse; to help you shed some of the misconceptions which may lead to a reluctance to report child abuse to Child Protection Services.

Myth:

Children make up stories about being sexually abused Research indicates that children rarely lie about or imagine sexual abuse.

Young children are unable to talk about sexual activity which is outside their experience. It is essential that children are taken seriously when they tell someone of sexual abuse. Many adult survivors of child sexual abuse say that they tried to tell an adult about the abuse but were not believed.

Myth:

Children must not mind too much about sexual abuse or they would not let it go on for so long.

This myth assumes that children have the power to stop the abuse from happening.

However, children are abused by people who are bigger and older than them and have authority over them. Many children and young people who are being abused are threatened with harm if they tell anyone about the abuse, or pressured in other ways to keep the abuse secret. This is particularly likely with sexual abuse. The child or young person may be fearful of the abuser and concerned that they will not be believed if they tell anyone about the abuse. They may also feel that it is their fault that they are being abused and feel guilty and ashamed.

Myth:

Children are somehow to blame for sexual abuse.

Blaming the victim is a common method of dealing with the uncomfortable, frightening situations. Children who are sexually abused never ask for abuse to happen to them. These children may show an unusual knowledge of sex because they have been abused and they think that this is the right way to act.

However, only the abuser is responsible for his or her actions.

Myth:

A mother would always know if her child was being abused.

This is another myth that removes the responsibility from the abuser. Many women have no knowledge that their child has been sexually abused and are therefore unable to act to stop the abuse. In some instances the mother may know about the abuse but be threatened by the abuser not to tell of the abuse.

Myth:

It is the mother's fault if a man sexually abuses her daughter.

Some people believe that abuse occurs because the mother has a poor sexual relationship with her partner, or is often away from the family.

However, there are many instances where marital relationships are poor, and abuse does not occur. The person who commits the abuse is the only one responsible for the abuse; the behaviour of the mother does not make the offender abuse.

Myth:

Children are most likely to be sexually abused by strangers.

Research indicates that children are most likely to be sexually abused by someone who is known to them, such as a father, or stepfather, uncle, grandparent, friend of the family or neighbour.

Myth:

It is better not to report abuse to authorities as this will be more traumatic for children than continued abuse.

Adult survivors of child sexual abuse say that the trauma of continued abuse outweighs the trauma involved in action taken to stop the abuse. Children can recover from child sexual abuse if they receive appropriate help and support.

The child protection system

Who is responsible for child protection?

The responsibility for making sure that the needs of children are met and that they are safe within their families is shared between the family, the community and the state.

When adults caring for children do not follow through with their responsibilities or are abusive then it is the wider child protection system that becomes responsible for taking action. The type of service provided will depend on how serious the risk is to the child's safety and wellbeing.

Primary Services

Primary services provide support and education before problems develop as a way of preventing abuse occurring. They are offered to everyone and include ante-natal services, maternal and child health services and human relationship education in schools.

In addition, community education and awareness programs focus on addressing community attitudes towards violence by educating the public about alternatives to abuse, changing social attitudes towards violence, or encouraging community debate about issues such as censorship, family violence, gun laws, physical punishment of children, etc.

Secondary Services

Secondary services help to identify and reduce personal and social stresses on parents which can lead to family breakdown and/or child abuse. Many community based agencies support families to overcome problems.

Services include in-home family support, counselling, respite care and various parenting and self-help groups.

Tertiary Services

Tertiary services are for individuals who have been affected by child abuse and ensure that the problem does not continue.

These include the statutory Child Protection Service placement services for children who are unable to live at home and treatment services such as Centres Against Sexual Assault.

A history of child protection

The roles and responsibilities of the community and state have changed reflecting the prevailing morals and values of the times.

A brief look at the history of child protection shows how the statutory Child Protection Service developed.

During the nineteenth century a number of voluntary groups were established to "save" children who were at risk in their home or
workplace. Children were often sent to large institutions and orphanages.

In 1896 a charitable organization called The Society For The Prevention of Cruelty to Children was set up in recognition that children in Victoria needed care and protection. During the 1970s this organization changed its name to the Children's Protection Society. It was granted government funding to provide a regional service to investigate reports of suspected child abuse.

The police also had responsibility for investigating reports of child abuse. At that time the state government was only involved in cases if the Children's Court had granted an order following action by either the police or the Children's Protection Society.

In 1984 a major review of Victorian child welfare practice and laws was undertaken.

This resulted in the Carney Report, which suggested major changes to the child protection system. In response to recommendations from the Carney Report the state government took over the investigation role from the Children's Protection Society. The police also investigated reports of child abuse. This was described as the "dual track child protection system". The Carney Report also resulted in reform of the laws relating to child protection, and the development of the Children and Young Persons Act 1989.

During 1988 another major review of Victoria's child protection system was undertaken by Mr Justice Fogarty, Chief Justice of the Family Court. One of the key recommendations of the Fogarty Review was that the role of the police in investigating notifications of child abuse should be phased out and the government should have sole responsibility for receiving reports of suspected child abuse.

The role of the police in child protection now is to investigate criminal matters which arise from cases of serious child abuse. The police also have powers under the Crimes (Family Violence) Act 1987 to enforce intervention orders that are issued to protect a child's or family's safety or remove an abuser from the family home.

The introduction of mandatory reporting in 1993 was another significant development which strengthened the community's responsibility in the role of protecting children. This legislation compelled many professionals who have contact with children to report cases of child sexual or physical abuse to the Child Protection Service.

To date, the main professional groups who are mandated are doctors, nurses, teachers and police.

What is the role of the Child Protection Service?

The Child Protection Service provides child centred family focused services to protect children and young people from significant harm as a result of abuse or neglect within the family unit and to ensure that children and young people receive services to deal with the impact of abuse and neglect on their well being and development. The Child Protection Service is based on the principle that the best protection for children is usually within the family, however the paramount consideration is the child's safety and well being.

The role of the Child Protection Service is to:

• Receive notifications from people who believe on reasonable grounds that a child is in need of protection because of abuse or neglect.
• Provide advice where people report such concerns.
• Investigate matters where it is believed that a child is at risk of significant harm
• Refer children and families to services that assist in providing the ongoing safety and well being of the children.
• Take matters before the children's court if the child's safety cannot be ensured within the family.
• Supervise children on legal orders granted by the children's court.

The Child Protection Service provides a Child Protection Crisis Line 24 hours, 7 days a week for telephone information and referrals for the public regarding child protection matters.

The After Hours Child Protection Service investigates urgent after hours notifications of new cases of suspected child abuse.

Conclusion

Over time, attitudes towards children have changed dramatically and we can understand much about how a society values its children by the laws and services it has to protect them. The child protection system both reflects and shapes community values and expectations.As such, each part of the child protection system - families, the general community, community agencies, professionals working with children, police and government - has a significant role to play to ensure that children are kept safe and well.

Child Protection Case Studies

Here are some examples of the types of cases child protection workers deal with. The case studies give an overview of some of the major issues involved with cases and aim to stimulate discussion about child abuse, and the way in which child protection workers and other professionals work with children and families.

1. Sexual Abuse

Bianca is an eight year old girl who was overheard by a teacher telling her classmate that “Daddy said if I tell my secret to anyone then he will go to jail”. The teacher had been concerned about Bianca as she had changed from being a confident, co-operative girl to being moody, defiant, and tearful for no apparent reason. Bianca now often complained of stomach pains and frequently asked to go to the toilet. Bianca had also been the ring leader in some games in which she asked the boys to lie on top of her.

The teacher consulted with her principal and as the teacher believed that sexual abuse was a likely cause of Bianca's change in behaviour, she reported the matter to the local Child Protection Service.

The protective worker agreed that the information might indicate that Bianca was being sexually abused and a decision was made to visit Bianca at school that day with a member of the local Community Policing Squad. Bianca disclosed that her father had been sexually abusing her. Bianca's mother was contacted and despite her initial shock and disbelief agreed that Bianca needed to be protected from her father.

Bianca's father was interviewed by the Criminal Investigation Bureau (CIB) and denied the allegations. Bianca's mother, with the assistance of the protective worker and the police applied for an Intervention Order to keep Bianca's father away from the family home while the assessment continued and further plans could be made to ensure Bianca's safety.

Follow up tasks for the protective worker included interviewing Bianca's 10 year old sister and 12 year old brother to determine whether they too had been sexually abused.

Bianca's sister had also been sexually abused by her father and a medical examination was arranged for both Bianca and her sister.

Arrangements were made for Bianca, her mother, her sister and brother to see a counsellor. The protective workers needed to decide whether Bianca would need to be placed on a Children's Court Order to ensure her ongoing safety. Any order which would be sought in the court would make sure that

Bianca stayed living with her mother.

Additionally, Bianca's father was offered information on treatment programs for sexually abusive men. It was not considered appropriate for Bianca's father to live with the rest of the family unless he had taken full responsibility for the abuse and had successfully completed a treatment program.

2. Physical Abuse

Gina is a two year old girl who was taken to the Children's Hospital by her parents at 8.00pm on a Saturday night with some physical injuries.

The doctor who examined Gina found s spiral fracture to Gina's right arm, a graze on her right eye, many old and new bruises on Gina's back, and a lump on the left side of Gina's head.

The doctor asked Gina's parents how the injuries occurred and they said that she got them when she fell off her bike that day. Gina's father seemed quite annoyed at being asked about the injuries and just wanted the doctor to ‘fix her up and let us get home'. Gina's mother seemed quiet and nervous and was observed with a fading bruise on her cheek which she said she got from walking into the door.

The doctor interviewed the parents separately and when more closely questioned, their explanations about the injuries were quite different from each other. The separate interviews with each parent did not lead to any disclosures from the parents about how the injuries occurred; however the explanations became increasingly different and less plausible.

The doctor reported the matter to After Hours Child Protection Service as Gina's parents wanted to take her home immediately despite the medical concerns. A decision was made by Child Protection to issue a Protection Application to ensure that Gina remained in hospital. The matter was heard in the Children's Court the following Monday. The parents were represented by a barrister who spoke to the magistrate on the parents' behalf. The Magistrate made an order to place Gina in foster care after she was discharged from hospital while Child Protection continued the assessment. Follow up assessment included extensive separate interviewing of Gina's parents, obtaining a full medical report on Gina and family background information.

Over time, Gina's father acknowledged that he had been under a great deal of financial stress, and was finding it difficult to control his temper.

He admitted hitting both Gina and his wife. He agreed to attend a counselling program for abusive men, and he and his wife also commenced counselling. In addition, areferral was made to a financial counselling service. The Children's Court granted a Supervision Order for 12 months so that Child Protection could supervise the family situation and Gina was returned home.

3. Emotional Abuse

George is a 13 year old boy who lives with his father, mother, and two older brothers.

George's older sister, Toula, is married and lives away from home with her husband and two year old daughter.

Toula had been worried about George for some time. She remembers that her father was very strict with her and her brothers, however it seems that her father “is going too far” with George. George has told Toula that he has been locked out of the house at night at least four times a week for the past year. He is told to sleep in the shed in the back yard. George has also been continually told by his father that he cannot wait for him to leave home.

However, when George says that he wants to leave home, his father yells at him and thenwill not talk to him for a week. Toula has noticed that George has been losing a lot of weight and has not been attending school regularly. Toula also thinks that George is depressed, as at times he won't get out of bed for days despite his father yelling at him.

George's mother does not seem to be able to do anything to stop George's father from treating him the way he does. Toula rang the local Child Protection Service and discussed her worries with a protective worker.

With Toula's help the protective workers organised a family meeting to discuss the concerns with George and his parents. George's father was at first very angry about people interfering with his parenting of George. George told the meeting that he could not go on living with his father while the bad
treatment continued. It was agreed that George live with Toula while the assessment by the protective worker continued.

After a number of family meetings George's father agreed to see a family counsellor to discuss the way he treats George. The rest of the family also attended. After two months George's father said he wanted George back home and that he would not treat him the way he did in the past.

A trial period is arranged, and things do seem to have improved. George know that he can contact the protective worker or the family counsellor if things get worse again with his father.

Further Information

Child Abuse Reporting Statistics