Child Protection Policy

Manaaki – We care for and respect everyone

Corrections will provide suitable and sufficient resources including information, instruction and training so that the protection and welfare of children that interact and engage with our services is a paramount consideration.

Principle 1: Abuse or neglectful treatment of children will not be tolerated, and any concerns of such treatment must be reported.

Whānau – We develop supportive relationships

Corrections will encourage and support the fostering of relationships with Oranga Tamariki, whānau, hapū, iwi, and any other agency partner to support the wellbeing of children engaging with our services.

Principle 2: Effective information sharing and consistent communication between staff, whānau, and other agencies is the foundation for sound decision-making for keeping children safe. We will work as a team and share information appropriately with regards to child safety.

Wairua – We are unified and focused in our efforts

Corrections recognises that everyone has a shared responsibility to promote the safety and wellbeing of the children.  Everyone is expected to recognise and respond appropriately to instances of suspected or evidenced abuse and neglect.

Principle 3: Protection from abuse and neglect is a basic human right, and Corrections will strive to uphold this right for every child with whom it engages.

Kaitiaki – We are responsive and responsible

Corrections will create facilities, spaces, and engagements that have the safety and wellbeing of children as a key consideration.

Principle 4: The safety and welfare of a child is paramount when a child engages with all people including Corrections staff and services. We will endeavour to identify, eliminate or mitigate risks relating to child abuse and neglect through our services.

Principle 5: Where concerns have been raised by staff members and are reported, we acknowledge the impact this can have on staff welfare, and support will be available.

Rangatira – We demonstrate leadership and are accountable

Corrections staff will demonstrate a commitment to ensuring all children who interact with our service are safe and free from risk of child abuse and neglect. To do this we will encourage staff to utilise training to inspire positive whānau relationships and model pro-social behaviour to parents and children.

Staff will role model safe behaviour to others, encouraging and supporting people to demonstrate child appropriate pro-social behaviour.

Principle 6: All staff have an obligation to be sure that every child engaging with Corrections is safe.

Principle 7: Corrections will consider concerns or complaints brought to its attention according to the law, Corrections’ policies and procedures, without bias.

Principle 8:  Corrections will actively work to upskill, promote and educate staff and the people in our care to mitigate risks to children.

Child

This policy covers all children and young people under the age of 18 years old.

Child Abuse

Defined in section two of the Oranga Tamariki Act 1989 as “the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child.”

See appendix 1 for more information about potential indicators of abuse.

Physical Abuseᶧ

May involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child, including fabricating the symptoms of, or deliberately causing, ill health to a child.

Sexual Abuseᶧ

Involves forcing or enticing a child to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative or non-penetrative acts and non-physical contact – for example, sexual grooming. Sexual abuse may also include involving children in looking at, or in the production of, pornographic material, or encouraging children to behave in sexually inappropriate ways.

Emotional Abuseᶧ

The persistent emotional ill treatment of a child adversely affects their development, it may involve conveying to a child that they are worthless, unloved, and inadequate; or where inappropriate expectations are imposed upon them. In addition, it includes children who are regularly frightened, exploited or corrupted.

Neglectᶧ

The persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development, such as failing to provide adequate food, shelter and clothing, or neglect of, or unresponsiveness to, a child’s basic emotional needs.

Contact

Contact includes but is not limited to:

• face to face contact visits
• booth visits
• audio visual link (AVL) visits
• written correspondence
• communication via telephone call
• being in the visits space when children are present
• attendance at whānau days. and,
• attendance at programme graduations.

Service

Is defined in this policy as the different kinds of workplace activities/practices that Corrections staff undertake.

ᶧ Defined by Child Matters.

Prison Operations Manual (POM)

Provides instructions to Corrections employees on the day-to-day activities relating to managing a prison. Specific links to POM that support this policy and the protection of children visiting our prisons are below:

• Child   Abuse information and definitions
• I.04 Identify CPP   offending and alerts
• V.01 Visitor processes   and Child Protection Policy Advisory panels
• V.01.Res.02 Child Visits   decision making framework making framework
• C.13 Safeguard children   and young persons
• M.0308.13 Emergency   Separations (for women and children residing in the Mothers and Babies Units)

Young people (aged 14-17 inclusive) in our care

Some youth on sentence or in prison are still legally considered to be children, and we need to consider the interface with Oranga Tamariki about their pathway.

• Young   people in custody
• M.03.01   Under 20 years old male prisoners
• M.03.07 Under 18 years old female prisoners
• Working with Youth Probation Practice Centre, includes the transition to adulthood   service - Oranga Tamariki
• Young Adult Hub provides a central point where staff can access resources and   guidance to support young adults to explore who they are and where they   belong, unlock their potential, and transition to adulthood.

Mothers with Babies units and Feeding and Bonding Facilities

We have obligations under this policy for any children, including children residing in the Mothers and Babies Units in prisons or visiting the feeding and bonding facilities.  These are links to information about those units and managing pregnancy and babies for women in our care.

• M.03.02   Pregnant women in prison
• M.03.08 Mother with child placement
• Mothers and Babies units intervention catalogue
• M.03.03 Feeding and Bonding Facilities

Community Probation and Case Management Practice Centres

Online home of the Integrated Practice Framework and the related tools designed to support practitioners to work effectively with people serving sentences and orders in the community. Specific links to resources that may assist with identifying potential abuse, or managing those who present a risk to children are below.

• Information Sharing about   Child Sex Offenders
• Child Protection Policy   Alerts
• Child Protection   Processes
• Effective Home Visits
• Request for information

Relationship Agreement between Corrections and Oranga Tamariki, including how to contact them.

Establishes and promotes a collaborative relationship between our agencies and focuses our collective efforts on how we can work together to improve outcomes for children and their families, and reduce reoffending. Some resources regarding our interactions with Oranga Tamariki are below:

• Working with Oranga   Tamariki
• Alerting and contacting   Oranga Tamariki including a 24/7 dedicated line to Oranga   Tamariki including when to contact them with scenarios.
• Requesting information   from Oranga Tamariki
• The relationship agreement

If you think there is an immediate risk of the child being abused call the Police via 111.

Corrections Act 2004

Section 73 sets out that a prisoner is entitled to private visitors.

Section 81A-81C sets out obligations for placement decisions, parenting agreements, and accommodation of children placed with their mothers in prison (Mothers and Babies Units).

Corrections Regulations 2005

Section 106 states the conditions that must be in place when a visitor under the age of 18 visits a prison.

Section 174 sets out that the placement of a child in prison does not affect any legal rights of guardianship or custody in respect of that child.

Sections 175-177 sets out approval, parenting agreements, and facility requirements for feeding and bonding visits with mothers.

Oranga Tamariki Act 1989

Important legislation relating to children and young persons who need care or protection, or who offend against the law.

Children’s Act 2014

Makes significant changes to protect vulnerable children and help them thrive. It supports the Government in setting priorities for improving the wellbeing of children, and ensures that agencies work together to improve the wellbeing of children.

Care of Children Act 2004

Promotes children’s welfare and best interests by helping to ensure that appropriate arrangements are in place for their guardianship and care – including parenting arrangements and orders.

Family Violence Act 2018

Provides guidance on information sharing for agencies such as Corrections (s. 20-25), and the laws governing protection orders, police safety orders, occupancy, tenancy and furniture orders.  It also covers safety and non-violence programme provision.

Privacy Act 2020 and information sharing guide (2019)

The personal information that Corrections staff handle about offenders, staff, contractors, visitors, and others is governed by the principles of the Privacy Act. Section 6 sets out the privacy principles.

Guide to sharing information under the Family Violence Act 2018 [PDF, 540 KB]

Health Act 1956

Allows (but does not require) information sharing in certain instances.

United Nations Convention on the Rights of the Child (UNCROC)

Is a comprehensive human rights treaty that specifically enshrines children's rights in international law.

It was adopted by the United Nations in 1989 and defines universal principles and standards for the status and treatment of children worldwide.

Director Integrated Systems

• Reviews this Policy in accordance with the next stated review date
• Responsible for producing and maintaining the majority of supporting   procedures nationally
• Promotes awareness of this policy

Deputy Commissioners Prisons

Director Office of Commissioner Custodial Services

Director(s) CPP

Director(s) Pae Ora

• Monitors the   support and administration of the policy at a regional level
• Responsible for the production and maintenance of any supporting   procedures regionally
• Responsible for ensuring all staff are aware of the availability of   child protection training

GM Prisons

• Responsible for having monitoring and reporting arrangements in place   to keep children safe when visiting the prison environment.
• Have an established Child Protection Policy process for decisions on   child visitor applications for offenders who have Child Protection Policy alerts.
• Responsible for ensuring any concerns raised to site management staff are   promptly and appropriately acted on, including involving other agencies   including Police and Oranga Tamariki as appropriate.
• Promotes awareness of this policy across the site.

GM CPP

GM Pae Ora

• Responsible for the effective implementation of this policy and   practice at all sites within their respective regions
• Responsible for ensuring any concerns raised to management staff are   promptly and appropriately acted on, including involving other agencies   including Police and Oranga Tamariki as appropriate.
• Promotes awareness of this Policy across the region.

All Staff

(Permanent, fixed-term, and casual staff, as well as secondees, consultants, contractors, and volunteers)

• Can recognise potential indicators of abuse or neglect.
• Are aware of the risk that people may pose to children.
• Promptly record factual accounts of any concerns they have or that are   brought to their attention.
• Promptly refer those reports and concerns to managers and external   agencies if appropriate
• Promptly raise concerns and share information with their manager so   that a full risk assessment for the child can be completed if appropriate.
• Proactively involve whānau/family, the wider community (if safe) and   other professionals to be confident that children are kept safe.