MANDATORY REPORTER GUIDE
PROCEDURES
WHO WILL USE THIS GUIDE?You should use this guide if you are a person required to report child abuse or neglect to Community Services under the Children and Young Persons (Care and Protection) Act 1998, NSW (the Care Act).
You may also find this Guide useful when you have risk of significant harm concerns about a child or young person that you would like to report even though you are not obligated to do so.
WHICH CHILDREN/YOUNG PEOPLEChildren and young people living in NSW.
WHEN TO USE THIS GUIDEWhen you suspect on reasonable grounds that a child or young person may be at risk of significant harm, and those grounds arise during the course of or from your employment.
COMPLETING A DECISION TREE
Select the decision tree that most closely matches the concern(s) you have. If you have more than one concern, start with your most serious concern. After selecting the applicable decision tree, you will be asked questions. Read the accompanying definitions and complete a ‘yes’ or ‘no’ answer for each.
The ‘Existence of other concerns’ question is located at the end of each decision tree in the Online Mandatory Reporter Guide, immediately before the decision point is reached. This question enables the reporter to enter any other concerns about the child/young person, or about additional children/young people, and is the only place in the Mandatory Reporter Guide where you can do so. It is intended to allow comment to be added about any concerns that may not have been covered in the decision tree you chose, such as other specific issues affecting the child/young person, or concerns about a group or class of children/young people.
Whatever you enter in response to this question will appear verbatim in the final decision report that is generated but will not affect the decision outcome. You are encouraged to raise these ‘other concerns’ if/when you contact the Child Protection Helpline or make other referrals, and to file the completed decision report with your client records.
DECISION POINTSEach path through a decision tree leads to a decision point as described below. After completing the Online Mandatory Reporter Guide, print out the final decision report and/or save it for your own records. Specific instructions will vary according to whether your concerns about the child or young person are reportable or not.
1. Report to Community ServicesThere are two types of recommendations to report to Community Services:
Immediate report to Community Services (CS)
Telephone 13 3627
If you have a hearing impairment telephone TTY 9633 7698
You should make a report about suspected risk of significant harm to the Child Protection Helpline as soon as possible, using the most direct means possible. In some instances, you will also need to arrange medical care and/or inform police.
Report to Community Services (CS)
Telephone 13 3627
If you have a hearing impairment telephone TTY 9633 7698
You should make a report about suspected risk of significant harm to the Child Protection Helpline within the next 24 hours, either by phone or eReport (if available).
eReporting Note: If you are a mandatory reporter registered for eReporting, you can commence a Community Services eReport by clicking on the link: DoCS Connect Portal.
For both an immediate report and a report:
Describe the specific circumstances that supported your YES or NO responses on the decision trees.
The Child Protection Helpline will assess the information that you provide, along with information that may be known to Community Services, to determine whether or not it meets the legislative threshold for risk of significant harm. The Helpline then may do one of the following:
• Screen out the report because it does not meet the threshold for risk of significant harm;
• Refer the report to Brighter Futures;
• Assess the report but not open it for ongoing services;
• Offer ongoing services/further assessment to the child/young person, other individual family members, or to the family together; or
• Arrange protective placement for the child/young person.
Irrespective of what Community Services does, it is important to maintain your professional relationship with the family as far as appropriate and possible.
Taking Into Account the Child or Young Person’s Views
It is good practice to inform the child or young person of your intention to report your concerns and to seek his/her views as far as is age-appropriate. However, the child or young person’s views are only one aspect of your decision to make a report. Other children in the family may be at risk of significant harm, as may other children where the allegations concern a non-family member. Failure to report can also be seen as colluding with the abuse and the alleged offender. For more guidance on how to approach this important issue, refer to the Child Wellbeing and Child Protection NSW Interagency Guidelines.
When you make a report to the Child Protection Helpline, remember to provide information about the child or young person’s reaction to the report to enable Community Services to take into account any view or wish expressed by a child or young person, including his/her opposition to the report being made.
2. Consult with a Professional/Refer to CWU
• If you are from the Departments of Human Services, Education and Training, Health or the NSW Police Force go to ‘Child Wellbeing Unit (CWU)’ below.
• If you are from another agency, go to ‘If you do not have a CWU’ below.
Refer to Child Wellbeing Unit (CWU)
CWUs operate within the Departments of Family and Community Services (Ageing, Disability and Home Care and Housing) and Education and Communities, Ministry of Health and the NSW Police Force. Staff from Juvenile Justice access the Family and Community Services CWU. . The role of the CWU is as follows:
• To help agency mandatory reporters identify whether a concern about a child or young person may meet the risk of significant harm threshold, and if so, to ensure that these concerns are reported to the Child Protection Helpline.
• To provide advice to mandatory reporters about possible service responses by the agency or other services for children, young people and their families, particularly where the identified risks have not reached the risk of significant harm threshold.
• Over time, to drive better alignment and coordination of agency service systems to enable better, more timely responses to children and families in need of assistance.
When the decision point is ‘CWU’, you should contact your CWU as soon as possible but no later than the next business day. The CWU will follow its protocol to assist you in determining what actions, if any, might need to be taken. In doing this, the following steps may be taken by CWU Assessment Officers:
• Reviewing with you the circumstances of the concern and the completion of the MRG. This may confirm the level of suspected risk, or result in a decision that the concern may reach the risk of significant harm threshold and so requires a report to the Child Protection Helpline.
• An appraisal of any additional available information that may impact on the risk of significant harm decision. This may include reviewing any known previous concerns recorded in the CWU database (WellNet) and review of other information that is held or can be gathered by the agency.
• Consultation with the Child Protection Helpline on the assessed risk level to the child or young person.
• Consultation with a Community Services Centre (one of the local Community Services offices) or an out-of-home care or a Brighter Futures agency where that agency has a current case management role with the child or young person.
• Assistance in developing a plan of action, if applicable, with the mandatory reporter, which may include the following:
» Identifying what resources and services could be offered to the family, both by the agency and/or another agency;
» Identifying what other services could be contacted to determine how the family could be assisted and supported (e.g., a Family Referral Service);
» Identifying who is best placed to further discuss the concerns with the family and offer them referrals and services;
» Planning how the family’s situation may be monitored;
» Discussing how you should document your concerns, any planned actions and outcomes;
» Providing advice on information exchange requirements.
If you do not have a CWU:
• You may discuss possible actions with your supervisor or a colleague, and/or report to the Child Protection Helpline if you still have professional concerns.
• Your agency may have provided advice on who to contact in your agency or elsewhere to discuss any child protection concerns.
• You may refer directly to an appropriate service, contact a service to assist in identifying supports or services, or seek additional information under exchange of information provisions, for example, a Family Referral Service, if available; the DV Line; a local referral or advice service; and services listed on HSNet, the NSW Government’s Human Services Network, at http://www.hsnet.nsw.gov.au, or on the Families NSW website at http://www.nswfamilyservices.asn.au.
3. ReferralsThis decision point occurs when there is no suspected significant harm or risk of significant harm, but the family may benefit from services and appear open to services. You may respond in a number of ways depending on your knowledge of and relationships with family members.
a. Ask your CWU for information on services or other guidance.
b. Access suitable referrals through the NSW Government’s Human Services Network, HSNet, at http://www.hsnet.nsw.gov.au.
c. Consult with a Family Referral Service, where available. You may call them for information to pass to the family, or you may provide relevant information to the Service so they can contact the family directly.
d. Use your agency’s existing referral network.
Note: Certain agencies can share information regarding the safety, welfare and well-being of children and young people and their parent/carers without their consent; however, where possible, client consent should be sought. Advice about information exchange is located at http://www.keepthemsafe.nsw.gov.au.
4. Document and Continue Relationship (Also Document and Monitor)When the decision point of ‘Document and continue relationship’ (or ‘Document and monitor’) is reached, you are not required to report. However, you will need to document the decision and continue your professional relationship with family members, where appropriate.
DocumentBased on your agency’s policies, document relevant information about your concerns, and print and file the decision report issued after completion of the MRG.
Continue Relationship (or Monitor)
• If your professional role includes an ongoing relationship with the child/young person and/or parent/carer, it is expected that such a relationship will continue regardless of the reporting decision. It is important to maintain a connection to the family so that if conditions worsen, you will be available to report to CS if need be. This relationship may include monitoring, creating or maintaining a safe space where the child/young person or parent/carer may further disclose concerns that already exist but which he/she has been reluctant to disclose, or to disclose new incidents. The relationship may also include supporting the child/young person or parent/carer who may be experiencing other difficulties that are not reportable as abuse or neglect.
• If your professional role does not include an ongoing relationship with the child/young person and/or parent/carer, you are not required to maintain contact.
NOTE: Some circumstances are not reportable because they do not meet the threshold of suspected risk of significant harm and yet the child/young person may experience emotional or physical stress. You may be able to assist the child/young person in learning coping strategies or accessing suitable services, or to foster trust so that a child/young person will alert you if conditions change.
Irrespective of a report to CS, consider whether your concerns should be shared with other agencies connected with the child/young person, such as school, health, mental health, justice or housing. Certain agencies can share information regarding the safety, welfare and well-being of children and young people without their consent; however, where possible, client consent should be sought when information about a client is being disclosed to another agency. Advice about information exchange is located at www.keepthemsafe.nsw.gov.au.
PROCESS FOR COMPLETING MANDATORY REPORTER GUIDENote: You may consult with your CWU (if you have access to one) at any time during completion of a decision tree.
1. From the STARTING PAGE, select the maltreatment type that best represents your concern for the child/young person. If you have more than one concern, start with the most serious concern.
NOTE: If the decision is ‘Immediate report to CS’, it is NOT NECESSARY to complete any additional decision trees. Contact the Child Protection Helpline and explain ALL of your concerns, even if you did not complete a decision tree for each one.
2. Start with the first question in the selected decision tree. Apply the definition to the information known to you and determine whether a YES or NO answer best fits. Follow the arrow for either YES or NO to the next question or to a decision point. In the online MRG, the definition appears on the right of the screen with every question.
3. Apply the definition provided to EVERY question you are asked.
4. If you arrive at a decision point, proceed to step 6.
5. If you are uncertain whether the best response is YES or NO, you should consider the following steps in the order outlined:
a. You may consult with a professional or refer to your CWU. It is possible that there is another way to consider the answer or that you already have sufficient information that a supervisor/colleague could illuminate.
b. Are any other decision trees relevant? If so, complete those.
c. You (or someone from your CWU or agency) may attempt to obtain the information that would determine either a YES or NO answer. This should not be construed as conducting an investigation, but simply as an effort to help make a reporting decision. Whether you do this depends on the piece of information that would help, how easy it would be to gather, your relationship with the child/young person or parent/carer, and your comfort and skill in gathering this information. You may consult with CS or your CWU before deciding whether to attempt this step. In some instances, the necessary information will not require talking to family members at all, just checking records or talking with a colleague who may know the family. If you need to speak with the family, limit this to the specific piece of information needed, asking the most open-ended question possible.
d. If the above does not lead to a clear answer, respond in the most protective way.
6. The decision point you arrive at will be one that best flows from your YES/NO responses. Please treat this as a GUIDE, not a PRESCRIPTION. You may be aware of unique circumstances that were not considered during the course of completing the decision tree. You may:
a. Follow the recommendation.
b. Consider whether to complete an additional decision tree.
c. Consult with your CWU, or another professional if you do not have access to a CWU.
NOTE: Nothing in this Guide restricts a mandatory reporter from contacting the Child Protection Helpline. If you do report, tell the Child Protection Helpline about your actual path through the decision tree and the facts that supported your YES and NO responses, as well as any unique circumstances that led you to determine that a report was necessary.