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DCP Definition of Child Abuse and Neglect

DCP Definitions of Child Abuse and Neglect

Aligned with each element, Active Efforts states that there is a requirement for statutory agencies to clearly document and articulate to the courts the Active Efforts taken prior to seeking an order to remove a child and place them into out of home care.

Demonstrated Active Efforts by DCP can provide a positive way forward. Undemonstrated DCP Active Efforts can also be held to account.

Abuse and Neglect The act of harming a child or young person. Abuse may occur through an act (overt) or omission (covert i.e., failing to do something that ought to have been done) and could include physical, sexual, emotional, psychological abuse and/or neglect.

Harm

As per Section 17 of the Children and Young People (Safety) Act 2017, harm refers to physical harm or psychological harm (whether caused by an act or omission) and includes harm caused by sexual, physical, mental or emotional abuse or neglect. That is, harm is the negative physical and/or psychological impact of abuse.

Cumulative Harm Cumulative Harm refers to the effects of multiple adverse or harmful circumstances and events in a child’s life.

Section 18 (3) of the Children and Young People (Safety) Act 2017 requires that the department consider the child and young person’s and family’s current circumstances, the history of their care and the likely cumulative effect of that history on the safety and wellbeing of the child or young person. In practice, this is referred to as cumulative harm.

Risk of Harm The likelihood of future harm occurring, based on the presence of risk factors.

DCP Definitions of Child Abuse and Neglect

At Risk

Under s. 18 of the Children and Young People (Safety) Act 2017 a child or young person will be taken to be at risk if:

They have suffered harm (being harm of a kind against which a child or young person is ordinarily protected); or

There is a likelihood that the child or young person will suffer harm (being harm of a kind against which a child or young person is ordinarily protected); or

The parents or guardians of the child or young person - are unable or unwilling to care for the child or young person; or

Have abandoned the child or young person, or cannot, after reasonable inquiry, be found; or are dead; or

The child or young person is of compulsory school age but has been persistently absent from school without satisfactory explanation of the absence; or

The child or young person is of no fixed address.

*Refer to the Children and Young People (Safety) Act 2017 for further information

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