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International approaches to child protection: How is Australia positioned?

A collaboration between the Australian Institute of Family Studies, National Child Protection Clearinghouse and the Australian Institute of Health and Welfare, Children, Youth and Families Unit

www.aihw.gov.au

www.napcan.org.au

www.aifs.gov.au

Australian Institute of Health and Welfare

International approaches to child protection: How is Australia positioned?

Structure of the presentation: Trends in child protection data The international context Historical drivers Current practice principles & directions Questions / discussion

Australian Institute of Health and Welfare

The collection
The AIHW has been collecting child protection data since 1993 Data are contained in 3 collections: Notifications, investigations and substantiations Children on care and protection orders Children in out-of-home care

Australian Institute of Health and Welfare

Trends in child protection data

Rate per 1,000 children aged 017 years
8.0 7.0 6.0 5.0 4.0 3.0 2.0 1.0 0.0 200102 200203 200304 Year 200405 200506 Substantiations of notifications made in the year Care and protection orders Out-of-home care

Note: A national total for 200304 is not available as New South Wales was unable to supply data for that year due to system changes Figure 1: Rates per 1,000 children aged 017 years in the child protection system, 200102 to 200506

Australian Institute of Health and Welfare

Indigenous children in child protection

Rate per 1,000 children aged 017
35 29.9 30 25 20 15 10 6.2 5 0 Children in substantiations of notifications made in 200506 Children on care and protection orders, 30 June 2006 Children in out-of-home care, 30 June 2006 4.5 4.1 Indigenous Other 28.0 29.8

Figure 2: Rates per 1,000 children aged 017 years in child protection, by Indigenous status, 200506

Australian Institute of Health and Welfare

Type of abuse or neglect

Rate per 1,000 children aged 017 years
30 Indigenous 25 Other 28.0

20

15 10.0 10 5.5 5 1.4 0 Physical Sexual Emotional Neglect Total 2.0 0.7 1.6 2.5 6.2 10.5

Figure 3: Children aged 017 years who were the subject of a substantiation, by type of abuse and neglect and Indigenous status, 200506

Australian Institute of Health and Welfare

Age of children in substantiations

Rate per 1,000 children aged 017 years
80 70 60 50 40 30 20 10 0 <1 14 59 Age group (years) 1014 1517 Indigenous Other 75.8

34.5 26.8 24.5

14.1 7.2 6.3 6.0 8.9 2.4

Figure 4: Children aged 017 years who were the subject of a substantiation, by age, 200506

Australian Institute of Health and Welfare

Limitations of the data: Whats not captured?

Child protection data are not a reliable indicator of the incidence of child abuse and neglect Child protection data reflect activity within child protection services in Australia Some issues are not captured by the data that could shed more light on child protection activity

Australian Institute of Health and Welfare

Families that come into contact with child protection services

No one cause, factors commonly associated include:
Domestic / family violence Parental mental health issues Parental drug and alcohol misuse Poverty Social isolation Early child bearing Large families Poor parenting skills Children with health, disability or behavioural problems A co-occurrence of these issues

Australian Institute of Health and Welfare

Issues for children and young people in or leaving child protection

Children and young people leaving care may face issues such as unemployment, homelessness, ill health more than the general population Although overall health and wellbeing of children in care is good, mental illness and behavioural problems are more common than for other children Educational outcomes Costs of transition

Australian Institute of Health and Welfare

Summary
The national child protection data is an aggregate collection of administrative data Over the last five years, the numbers of children involved in child protection appear to have steadily increased Indigenous children are over-represented in all areas of child protection Emotional abuse is the most common form of abuse Children aged under 1 year are substantiated at a higher rate than other children There are many factors which may lead children and families into coming into contact with child protection Whilst health and wellbeing of children in care and transitioning from care is generally good, many face a number of issues during and after their time in care

Australian Institute of Health and Welfare

Approaches to child & family welfare: Australia compared to other nations

Broadly speaking, there are two orientations to protecting children:
The child protection orientation (e.g., the United States of America, the United Kingdom, Canada, New Zealand, and Australia) The family service orientation (e.g., Denmark, Sweden, and the Netherlands)

Australian Institute of Health and Welfare

Characteristic Framing the problem of child abuse Entry to services Basis of government intervention Place of services

Child Protection Orientation The need to protect children from harm.

Family Service Orientation Abuse is a result of family dysfunction.

Coverage Service Approach State-parent relationship Role of the legal Out-of-home care

Single entry point. Range of entry points and services. Legalistic, investigatory in order to Supportive or therapeutic responses to formulate child safety plans. meeting the needs of children and families. Separated from family support Embedded within and normalised by services. broad child welfare or public health services. Resources concentrated on families Resources are available to more where risks of (re-)abuse are high families at an earlier stage. Flexible to meet clients ne ds. e Standardised procedures; rigid timelines. Adversarial. Partnership. Adversarial; formal; evidenceMainly involuntary. Last resort; informal; inquisitorial. Mainly voluntary.

Source: Allen Consulting, 2002

Australian Institute of Health and Welfare

Australia compared to other nations

Notifications: Rates per 1000 children
New Zealand` Australia` United States^ Canada* Scotland` England` Northern Ireland`
Key: Data for the period *2003, ^2004, `2005

53.3 52.4 47.8 45.7 8.6 6.2 5.4

Data courtesy of Kerry Lewig, Australian Centre for Child Protection, University of South Australia

Australian Institute of Health and Welfare

Australia compared to other nations

Registered/substantiated cases: Rates per 1000 children
US* Canada* Australia Northern Ireland England Scotland New Zealand
Data for the period 2005 * Poor data quality Data courtesy of Kerry Lewig, Australian Centre for Child Protection, University of South Australia

14.0 11.0 7.5 3.1 2.3 2.0 -

Australian Institute of Health and Welfare

Australia compared to other nations

Children in Out of Home Care: Rates per 1000 children
United States^ Scotland` England` Australia` New Zealand` Northern Ireland` Canada*
Key: Data for the period *2003, ^2004, `2005

7.1 6.6 5.0 4.9 4.8 3.6 2.8

Data courtesy of Kerry Lewig, Australian Centre for Child Protection, University of South Australia

Australian Institute of Health and Welfare

The broader social context

Child protection data is volatile - are there other indicators that give us a better idea of how Australia is positioned? Knowing this, we might well ask: How does Australia compare to other nations on indicators of broader social wellbeing?

Australian Institute of Health and Welfare

Australia compared to other nations

Broader wellbeing indicators
Wealth
Australias gross national income sits at approx. the median for OECD countries This is lower than the US, similar to the UK and Canada, and slightly higher than NZ

Australian Institute of Health and Welfare

Australia compared to other nations

Broader wellbeing indicators cont.
Education
31% of Australians (25-64 yrs) have a tertiary qualification; 7th highest ranking in the OECD Rates in Canada and the US are slightly higher, NZ is roughly equal, and the rate in the UK is slightly lower

Australian Institute of Health and Welfare

Australia compared to other nations

Broader wellbeing indicators cont.
Work
Australia had the 13th lowest unemployment rate in the OECD (5.4%, 2004) Rates in NZ and the UK were slightly lower, and rates in Canada were slightly higher (between 4-7%).

Australian Institute of Health and Welfare

Australia compared to other nations

Broader wellbeing indicators cont.
Health
Australia is ranked 5th in the OECD for life expectancy This is slightly higher than Canada, NZ, US, and the UK - but all are between 75 and 80 years

Australian Institute of Health and Welfare

Australia compared to other nations

Broader wellbeing indicators cont.
Crime
1.9 homicides in Australia per 100,000 people Australias rate is similar to the rates of other countries with a similar child protection orientation, with the exception of the US, which has a relatively high rate for a developed country

Australian Institute of Health and Welfare

Australia compared to other nations

Broader wellbeing indicators cont.
Life satisfaction
Australias ranking on World Happiness Database was among the highest scores (7.3 out of 10) Countries such as the US, UK and NZ had similar levels of life satisfaction

Australian Institute of Health and Welfare

Australia compared to other nations

Child protection data fell into two broad clusters Accurate incidence data? What does the broader social context tell us? What can we say about how Australia is positioned?

Australian Institute of Health and Welfare

The national context

Last year, there were 266,745 reports to statutory child protection services nationally Of these, 55,921 were substantiated 27,188 children living in out-of-home care 12,810 children admitted to an order at some point during the year (issue of throughput)

Australian Institute of Health and Welfare

Critical events in the evolution of child protection services (both national & international)
Late 1800 & early 1900s Child rescue movement 1940s Start of professionalisation of child welfare 1962 Battered child syndrome discovered 1970s Legislation to protect children in all Australian jurisdictions 1970s First mandatory reporting requirements 1980s Sexual abuse recognised on world stage 1990s Neglect re-discovered 1990s Emotional abuse starting to be recognised

Australian Institute of Health and Welfare

Community perceptions
Rising awareness within the community about maltreatment Shift in social values elevating standards of parenting Broadened concept of where childhood starts and ends Privileging of expert over family and community in preventing and responding to child abuse & neglect Child protection primarily the responsibility of one government department

Australian Institute of Health and Welfare

The influence of technology on practice

Science and technology in practice: risk assessment tools, computers Implication that abuse and neglect can be reliably predicted Criticism if wrong decision made E.g., media attention child deaths Risk management approaches evident

Australian Institute of Health and Welfare

Risk Management Approach Focus on risks Focus on symptoms (child abuse and neglect) Short-term Deficit focus Adversarial Crisis response (tertiary) Documentation Case management

Therapeutic Approach Focus on needs Focus on causes (holistic approach to family) Long-term Strengths focus Empowerment Preventative (secondary) Engagement Case work

Australian Institute of Health and Welfare

Reviews of the service system

Reviews tended to focus on how the department was performing Recommendations for service improvement
increased training increased procedures/documentation

Recommendations for enhancing detection tended to result in net widening (screen in more cases)

Australian Institute of Health and Welfare

Child protection and families in need

High numbers of notifications Large administrative burden for processing these Total reports comprise relatively small number of children who need a child protection response Majority of families in need and likely to be re-referred if no preventive action is taken

Australian Institute of Health and Welfare

The role of child protection

Having cast a wide net, we are left with the fundamental question:
What is the role of child protection services?

Originally set up to provide a crisis response Crisis response not working for families in need Still need forensic and court responses

Australian Institute of Health and Welfare

Principles underpinning practice

Critical issues facing the sector Legislative principles: They reflect the goals to which governments aspire They form the framework that underpins practice Compare with the United Nations CRoC Also considered comparability across Australia

Australian Institute of Health and Welfare

Critical issues facing the sector

Responding to demand Providing the right service response at the right time (responding early and appropriately) Addressing the over-representation of Indigenous children Protecting the rights and interests of all parties, but particularly the rights and interests of children

Australian Institute of Health and Welfare

Key areas of analysis

Legislative principles concerning:
Whole-of-government and community responsibility for child protection and child welfare; Early intervention Principles of cultural sensitivity & appropriateness; Principles specific to the provision of after care services; and The 'best interests' principle.

Australian Institute of Health and Welfare

Whole-of-government & community responsibility for child protection

The convention applies to public or private social welfare institutions, courts of law, administrative authorities or legislative bodies (see, for example, Article 3.1) Legislation in each jurisdiction contains provisions designed to enhance the development and operation of an integrated whole-of-government and community approach to protecting children and young people

Australian Institute of Health and Welfare

Whole-of-government & community responsibility for child protection

Jurisdiction ACT NSW NT QLD Relevant Act / Policy document Children and Young People Act 1999 (ACT) Children and Young Persons (Care and Protection) Act 1998 (NSW) Community Welfare Act 1983 (NT) Child Protection Act 1999 (QLD) Reference/section Section 10(b); 12(1)(c); 158; 159 Section 8(b); 15; 16(1),(2),(3); 17; 18; 27 Section 8(4); 13; 14 Section 7(1)(i) & (l); 82(1)(f); 159(j); 186; 159J; 159F; 159G; Chapter 5A, part 2 & 3 SA TAS VIC WA Children's Protection Act 1993 (SA) Section 3(c); 8(1)(a)(b)(g) & (ka); 8A, 8B, 8C, 11; 52F & 52J Children, Young Persons and Their Families Act 1997 (TAS) Children, Youth and Families Act 2005 (VIC) Children and Community Services Act 2004 (WA) Section 16; 18; 19; 164(b); 182 Section 9(a)(b); 21(2)(b) Section 7(2)(a); 14; 78

Australian Institute of Health and Welfare

Early intervention
State parties shall take all appropriate legislative, administrative, social and educational measures to protect the child (19.1)such protective measures should, as appropriate, include effective procedures for the establishment of social programs to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention (19.2) (Article 19.1 & 19.2) Provisions regarding early intervention are present in each jurisdiction

Australian Institute of Health and Welfare

Early intervention
Jurisdiction ACT NSW NT QLD SA TAS VIC WA Relevant Act / Policy document Children and Young People Act 1999 (ACT) Children and Young Persons (Care and Protection) Act 1998 (NSW) Community Welfare Act 1983 (NT) Child Protection Act 1999 (QLD) Children's Protection Act 1993 (SA) Reference/section Section 10(f); 12(b) Section 8(c); 15; 16(3); 20; 21; 25; 34(2)(a) Section 8 Section 5(2)(b) & (c); 7(1)(b) & (c); 51Z Section 3(b) & (c); 8(1)(d)(f) & (g); 8(1)(ka); 8(2); 11 Children, Young Persons and Their Families Act 1997 (TAS) Children, Youth and Families Act 2005 (VIC) Children and Community Services Act 2004 (WA) Section 7(2)(a) & (d); 8(1)(a) & (b); 11 Section 16; 21; 22 Section 6(a)(b) & (c)9(a) & (b); 21(1)(a) & (b)

Australian Institute of Health and Welfare

Principles of cultural appropriateness

respect for the childs parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, [and] the country from which he or she may originate (Article 29.1(c)) Legislation in each jurisdiction contains provisions designed to enhance the development and operation of an integrated whole-of-government and community approach to protecting children and young people

Australian Institute of Health and Welfare

Principles of cultural appropriateness

Jurisdiction ACT Relevant Act / Policy document Children and Young People Act 1999 (ACT) Aboriginal & Torres Strait Islander Cultural Plans Policy (launched Aug 2006) NSW NT QLD SA TAS VIC WA Children and Young Persons (Care and Protection) Act 1998 (NSW) Community Welfare Act 1983 (NT) Developing: Cultural care planning policies Child Protection Act 1999 (QLD) Children's Protection Act 1993 (SA) Section 6; 83; 246I; 88 Section 3(c); 4(4)(a)(b) & (c); 4(5); 5; 8(1)(e) Children, Young Persons and Their Families Act 1997 (TAS) Children, Youth and Families Act 2005 (VIC) Children and Community Services Act 2004 (WA) Section 10(3)(c)(l)(m); 11(i); 12; 13; 14; 176 Section 8(j); 9(i); 12; 13; 14; 81(1) & (2) Section 7(2)(e); 8(2)(v) Section 9(c) & (e); 11; 12; 13; 14; 78A(3) & (4) Section 43(1)(d); 43(1)(e); 68; 69 Reference/section Section 12(1)(h); 13(1)(a); 14; 15.

Australian Institute of Health and Welfare

Principles specific to after care

State Parties shall recognise for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realisation of this right in accordance with their national law (Article 26.1) State Parties recognise the right of every child to a standard of living adequate for the childs physical, mental, spiritual, moral and social development (Article 27.1) Not all jurisdictions have detailed legislative provisions regarding after care support; however, policy frameworks also support the delivery of such services

Australian Institute of Health and Welfare

Principles specific to after care

Jurisdiction ACT NSW NT Relevant Act / Policy document Children and Young People Act 1999 (ACT) Children and Young Persons Act 1998 (NSW) FaCS Policy and Practice Manual Reference/section Section 33 Section 16(3)(b); s 165, s 166 Refer to provisions regarding the development of a L eaving Care Case Plan QLD Child Protection Act 1999 (QLD) Child Safety Practice Manual Providing out-of-home care to children SA TAS VIC WA Children's Protection Act 1993 (SA) Children, Young Persons and Their Families Act 1997 (TAS) Children, Youth and Families Act 2005 (VIC) Children and Community Services Act 2004 (WA) Section 16(1)(g); s 16(4) Section 89(5); s 98 Section 8(h)(ii) Section 7(2)(h) Section 75(2) Section 7.2

Australian Institute of Health and Welfare

The best interests principle

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration (Article 3.1) Legislation in all jurisdictions stipulates the paramount importance of the best interests principle.

Australian Institute of Health and Welfare

The best interests principle

Jurisdiction Relevant Act / Policy document ACT NSW NT QLD SA TAS VIC WA Children and Young People Act 1999 (ACT) Children and Young Persons (Care and Protection) Act 1998 (NSW) Community Welfare Act 1983 (NT) Child Protection Act 1999 (QLD) Children's Protection Act 1993 (SA) Children, Young Persons and Their Families Act 1997 (TAS) Children, Youth and Families Act 2005 (VIC) Children and Community Services Act 2004 (WA) Section 10(1) Section 7 Section 9 Section 5(1) Section 4(3) & 4(4) Section 7(1) Reference/section Section 11(1) Section 9(a)

Australian Institute of Health and Welfare

Synthesis
There is considerable overlap between principles in Australian legislation and those contained in the CRoC Also worth noting that there was a great degree of similarity in the legislative principles evident in principal child protection acts across Australia

Australian Institute of Health and Welfare

Summary
Child abuse and neglect is a significant and complex social problem Statutory activity in Australia is on the rise The evolution of the child protection orientation has been influenced by multiple factors which combined, have significantly increased demand

Australian Institute of Health and Welfare

Summary
International comparisons of child protection systems suggest that
Child protection data fluctuated The same pattern was not evident for social welfare indicators Unlikely to be substantive difference in incidence

Australian responses appear to be consistent with the CRoC - indicative of broad adherence to international benchmarks

Australian Institute of Health and Welfare

For more information

Visit the AIHW Children, Youth and Families website at www.aihw.gov.au/childyouth/ Download the child protection or educational outcomes publications at www.aihw.gov.au/publications/ Visit the National Child Protection Clearinghouse at www.aifs.gov.au/nch