School Personnel
The
education staffs have ongoing daily contact with children and have professional
knowledge and expertise in child development. Usually, teachers are the first
to notice indicators of child abuse due to notable changes in the behavior or
physical appearance of their students. Therefore, the school staffs must
familiar with the procedures to help the child.
It is compulsory for all school personnel to report every case where
they believe that a child has been, or there is substantial risk that he or she
will be abused or neglected by a parent or guardian and the child is in need of
intervention services. To report the case, they must provide information of the
child such as name, age, address, situations and others concerns.
The responsibility for investigating the case of child abuse rests with
the authorities or the police. The police and authorities are to co-ordinate
their investigations to avoid subjecting the child to repeated interviews.
While school board personnel should co-operate with these agencies, they must
first and leading act in the best educational interests of students.
- Suspected
Abuse by other Students
When there is any allegation or suspicion involves another student or
peer as the alleged offender, the school must take the disciplinary action,
including suspension or expulsion. School procedures should include guidelines
for police referrals for criminal offences or Child Intervention Services for
protective services if needed.
- Suspected
Abuse Involving School Personnel
School boards and school personnel must recognize that child abuse can occur
within the educational setting. If a school administrator, teacher, volunteer
or non-certified personnel be suspected as the wrongdoer of abuse, the school
board must take immediate action consistent with the nature of the allegation,
facts and circumstances.
Caseworker
Caseworkers
determine whether a child is in need of intervention services which includes
protective services.
- Receiving
a Report and Following the Investigation
When a caseworker receives an allegation of child abuse, the worker must
assess the child’s need for intervention and form an opinion as to whether the
child’s need is consistent with the provision of family enhancement services or
requires investigation for protection services. In every case, allegations of
child abuse must be reported directly to a delegated caseworker. If someone
other than a caseworker receives information on child abused, that person
should advise the informant that they have a legal duty to report the matter to
a delegated caseworker.
- Assessing
Risk and Protecting the Child
If the child might be in immediate danger, the investigation begins
right away. Otherwise it should begin within three days. The purpose of the investigation
is to determine whether the child needs protective services. If so, the worker
must take steps to protect the child.
- Persons
with Disabilities
When dealing with children with disabilities, persons involved in conducting
child intervention investigations should try to involve professionals with
expertise in specific disabilities.
- Obtaining
Access to the Child
If a caseworker believes a child needs protective services but has been denied
access to the child, the caseworker may apply to the court for an order to
search for and help the child. This order authorizes the caseworker to enter a
premise with or without permission to help the child. If possible, the
caseworker should obtain police assistance when entering a premise. Under these
circumstances, a police officer may also apprehend the child and also the
abuser.
Health Professionals
- Reporting
Responsibilities and Procedures
Any disclosure made by a child to health professionals must be recorded
in the child's own words. Health professionals, while continuing to support,
should not interview the child about the abuse after receiving the child's
disclosure. They might be required to give evidence or produce their records
under oath in court. Therefore, they should make a written summary of any
information they give to a caseworker for future reference.
- Practices
in Supporting a Coordinated Response
Staff in various health authorities and facilities might identify
children who have been abused. A child might exhibit an injury, trauma or other
signs of abuse. It is sometimes easy to associate these signs with causes other
than abuse. This is particularly true when there is no link made between the child's
current injury or trauma and previous visits to the facility. Families might
use different hospital emergency departments. Health professionals and
personnel in multi-hospital communities should explore ways to share
information about cases where a child is the subject.
Physician
The
physician's role is not to conduct a legal interview or obtain details of the
abuse from the child but rather to:
- take
a pertinent medical history
- ensure
the physical and emotional well-being of the patient
- treat
or prevent illness or injury
- accurately
record spontaneous disclosure/volunteered information
- obtain
and document physical findings consistent with abuse or suspicions of abuse
- inform
the child and caregivers about the medical outcome of the examination
- Assist
Child Intervention and law enforcement agencies in their investigations
Police
Police play
a variety of roles in the identification of and response to child abuse and
neglect.
·
identify
situations in which maltreatment may be occurring
- Reporting
Responsibilities and ProceduresMeeting
with the Caseworker
- Seeing
the Child
- Medical
Examination of the Child
- Interview
with any Non-offending Parent or Guardian
- Interviewing
other Witnesses
- Gathering
and Preserving Evidence
- Laying
a Charge
- Reporting
Government
Child protection is a priority for
the Government of Malaysia. The government enacted the Child Act 2001 [Act 611]
to fulfill its obligation under the Convention on the Rights of the Child
(CRC). The Malaysia Child Act 2001, a merging of three previous laws on issues
relating to child protection and juvenile justice, namely the Juvenile Courts
Act 1947, Women and Young Girls Protection Act 1973 and Child Protection Act
1991, is part of the protective legal environment for children.
Act 611 requires the setting up of Child Protection Teams and Child Activity Centre at both state and district levels. Aimed at mobilizing community participation in the implementation of preventive and rehabilitative programs, these initiatives are targeted for children at risk or children vulnerable to all forms of abuse and exploitation. In terms of administration of juvenile justice, Act 611 provides for a procedure before the Court for Children which is child-friendly taking into account the mental and emotional maturity of a child.
In the Child Act 2001, the punishment for child abuse and neglect has been increased to a fine not exceeding RM 20,000.00 or 10 years imprisonment or both. This is a double jump from the maximum punishment provided under the Child Protection Act 1991. At the same time, since there are instances where the incident of child abuse and neglect that occurred might be within the knowledge of certain groups, the mandatory duty to report has been extended to family members and child care providers. Under the Child Protection Act 1991, the punishment was only a fine not exceeding RM 1,000.00, whereas the Child Act 2001 has increased the fine to not exceeding RM 5,000.00 or imprisonment not exceeding 2 years or both. This reflected the government’s seriousness to get the involvement of various group to assist in preventing the problem. Furthermore, the Act recognizes that a family is an important component in a child’s development. Therefore, if a child is placed in a place of safety or in an educational institution, the parent or guardian can be compelled by the court to visit their children.
Credits to:
https://www.solgps.alberta.ca/safe_communities/community_awareness/family_violence/Publications/Responding%20to%20child%20abuse%20handbook.pdf
