Roles of Different Parties

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.  

• Reporting

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.

•  Investigating

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