CFWA & CHILD PROTECTION REFERRAL PATHWAY

Child and Family Welfare Act

 To be gazetted 2021
 Outlines special approach to dealing with violence,
abuse, neglect and exploitation of children.
 For children, the Government must be empowered
to protect a child in his/her own best interest, even
where the parents and the child do not want help.
 CFWA therefore gives the government added
responsibility to step in ensure protection of children
who have been abused.
Child and Family Welfare Act

 Director of SWD designated to exercise that authority

on behalf of the government:
 Establish procedures for inter-agency reporting and
referral
 Case management of reported cases of children in
need of care and protection
 Conduct assessments and develop an appropriate
care and protection plan
 Apply to the court for a child care and protection
order where needed
Child and Family Welfare Act

 In response to a report / request for help, SWD may:

 Use emergency powers to remove the child (with
support of police)
 Develop an agreed care and protection plan with
the family
 Apply to the court for a care and protection order

 Priority is given to working with the parents, extended

family and community leaders to agree on a care and
protection plan to keep the child safe.
Child Protection Referral Pathway

 Outlines separate approach for dealing with children’s

cases to reflect added responsibility of SWD and
Social Welfare Officers under the Child and Family
Welfare Act.
 Applies to all children under the age of 18 who have
experienced violence, abuse, neglect and exploitation.
 Does not apply to children who are not themselves
victims but just accompanying their mothers.
PURPOSE OF CP REFERRAL PATHWAY

 Child and Family Welfare Act 2017 (CFWA) places the protection of children
as everyone's responsibility:
 Emphases on the importance of stakeholders working together to address
concerns about child welfare or protection

 A Collaborative approach between Government agencies, NGOs, faith-based

organisations, community elders and families- in the development of child and
family welfare services

 inter-agency procedures for reporting, assessment and response to reported

cases of children in need of care and protection (CFWA s.20) -by the Social
Welfare Division in accordance with its responsibility under the Child and
Family Welfare Act 2017

 Aim is to ensure a timely, effective and coordinated response to

holistically address the needs of the child and his/her family.
Differences of CP & GBV Pathway

 Child Protection Pathway  GBV Pathway

Police

DV Health
Protection
Order care

Court Shelter

Legal
Advice Counseling
Scope of Child and Family Welfare System

Boys, Girls
& Families
All forms Orphaned/
of Violence abandoned

Behaviour Child Street Kids

problems Protection

Child
Adoption Labour
Neglect
Child Protection Referral Pathway

 For minor cases of physical abuse or neglect of a child,

service providers can:
 Try to resolve on their own by providing advice to
the parent, or enlisting support from extended
family, church leaders, etc.; or
 Refer to SWO.
 Serious cases MUST be referred to SWO, who will take
over case management and develop a care and
protection plan.
Minor Cases that May be Resolved Directly or
Referred to SWO

 Child neglect

 Verbal / emotional abuse

of a child

 Minor physical abuse not

resulting in serious
injuries
Serious Cases that MUST be Referred to SWO

 Physical abuse resulting in broken bones or multiple

bruises, or repeated acts
 Sexual abuse of a child under18:
 Rape
 Indecent acts (sexual touching)
 Any sexual act with a child under 15, regardless of
consent
 Any sexual act with a child 15- 18 by a person in a
position of authority (caregiver, relative, teachers,
etc), regardless of consent.
Serious Cases that MUST be Referred to SWO

 Child prostitution
 Child trafficking
 Forced labour or harsh or exploitive labour
 Under-age marriage or forced marriage of a
child
 Abandoned babies
 A child who is brought to a seif ples on their
own (doesn’t include children with their
mothers)
CHILD PROTECTION REFERRAL PROCEDURES
Step 1: Identification and Immediate
Response

 Initial step is the same for children and adults.

 First point of contact (police, health worker, FSC,
teacher, etc.) should take immediate action to assess
the level of risk to the child and:
 Provide first-line crises support / psychological first
aid;
 Accompany the child to get medical first aid;
 If the child’s safety is threatened (e.g. the child is too
afraid to go home or is at risk of ongoing harm),
arrange temporary shelter / seif ples.
Step 1: Identification and Immediate
Response

 If a child is taken to a shelter or seif ples, the SWO

must be notified on the next business day (by
phone) to approve the placement.
 Police and SWO have the power under the CFWA
to remove a child without a warrant / court order in
urgent cases, if the parents refuse or resist
removal of the child.
 But CFWA says that SWOs (not police) are
responsible for deciding whether a child needs to
be removed from the home and where s/he will
stay.
Step 2: Reporting and Referral to Social Welfare
Officer

 SOCIAL WELFARE OFFICE

act as the central case
management hub for all
children’s cases.

 All serious cases must be

referred to Social Welfare
Office as soon as possible for
case management.
Step 2: Reporting and Referral to Welfare Officer

 SWO should be notified verbally via telephone.

 Verbal notification should be followed up by a formal
written referral sent by email or delivery (standard
form is being developed).
 Health workers should complete the Suspected
Child Abuse Report for Health Care Workers.
 In urgent cases or after hours the case should be
reported to the police so that they can step in
immediately to protect the child. But SWO should
still be notified.
Step 3: Preliminary Assessment by Social
Welfare Officer

 As soon as possible after receiving the report (within 24

to 72 hours), SWO will conduct a preliminary
assessment and respond to any immediate needs the
child may have.
 Where feasible, the SWO will travel to where the child
lives rather than having the child taken from his/her
community for help.
 SWO and the police will collaborate to jointly respond to
children’s cases, e.g. sharing transport and logistics
when travelling out to communities, and/or collaborating
to ensure safe travel of a child who must be removed
from his/her community.
Step 3: Preliminary Assessment by Social
Welfare Officer

Depending on the circumstances of the case, the SWO

may:
 Decide on a temporary safe place for the child to
stay (with a relative, other approved family, or seif
ples);
 Where necessary, exercising emergency protection
powers under the CFWA to remove the child;
 If not already done, organising for the child to
receive medical treatment and trauma counselling,
as necessary.
Step 4: Care and Protection Planning

Once the child’s immediate needs have been met, the

SWO will conduct a more comprehensive assessment:
 Visit the child’s home;
 Interview the child, the child’s parents, and any
other person who knows the child;
 Make inquiries about the child and his/her
circumstances; and
 Request information about the child and family from
any person or Government agency.
Step 4A: Care and Protection Planning

 SWO will then organise a Case Conference and /or

Family Meeting to discuss and decide on a care and
protection plan for the child.
 Should be organised as soon as possible, preferably
within 1 to 2 weeks of the initial report in serious /
urgent cases.
 Depending on the circumstances, the family meeting
might include: the child; parent(s) or caregiver; other
relatives; FSC; seif house staff; teacher; pastor / priest
or other church workers; and community leaders.
Step 4A: Care and Protection Planning

Agreed Care and Protection Plan can include:

 Advice, encouragement or counselling for the child;
 Family counselling or parenting advice;
 Regular monitoring and supervision by a SWO or other
person;
 Counselling or treatment for alcohol or drug abuse;
 Agreement that a specified person, including a parent,
will not enter the place where the child lives or have any
contact with the child;
 Agreement that the child is to live in the home of a
family member or other person approved by the
Director.
Step 4B: Application for Care and Protection Order (where
necessary)

These will be used where:

 No agreement can be reached on a care and
protection plan for the child;
 The care and protection plan proposed during the
Family Meeting is not, in the opinion of the Director,
adequate to keep the child safe;
 There was an agreed care and protection plan, but
the family didn’t comply with it; or
 It is not in the best interest of the child, for whatever
reason, to develop an agreed care and protection
plan.
Step 4B: Application for Care and Protection
Order (where necessary)

 Applications for Care and Protection Orders will

generally be made by a Social Welfare Officer, with
approval of the Director.
 Must be accompanied by a detailed report and
proposed plan for the child.
 Interim Care and Protection Orders can be issued by
either an Authorised Justice or a court.
 Only the courts can issue a Final Care and Protection
Order.
Step 5: Implementation, Monitoring and Review
of the Care and Protection Plan

 SWO will organise referrals, accompany the child and

parents (as needed) to service providers, and ensure
that all stakeholders are providing support to the child
and family as per the agreed care and protection plan
/ care and protection order.
 SWO is also responsible for monitoring the
implementation of the agreed care and protection plan
and/or the conditions of a Care and Protection Order
imposed by the Court.
 CHILD PROTECTION REFERRAL
Child in Need of Care and Protection Identified / Seeks Help
SWO, FSC, Police, Health Worker, Teacher, Seif Ples, Labour Inspector, Immigration, etc

Step 1: Immediate Response by first point of contact If child’s safety is at risk:

Crises support, medical first aid, ensure the child’s safety Keep the child safe
Immediately notify the police and/or SWO. Notify police if it is after
hours or on weekend.

As soon as possible SWO will:

Step 2: Referral to SWD
Serious cases of physical abuse, sexual abuse, and exploitation MUST be  Arrange a temporary seif ples
reported to SWD  Make sure medical treatment and trauma counselling has been
arranged
SWO or Police can
Step 3: Preliminary Assessment by SWO Within 24-72 hrs  Use emergency powers to take a child to a seif ples if parents
To assess level of risk and address the child’s immediate needs don’t agree.
 Get an IPO

Step 4A: Care and Protection Planning Step 4B: Application for Care and Protection Order (where necessary)
Within 1-2 weeks in
 Comprehensive assessment by SWO serious / urgent cases
SWO may apply for an order where:
 SWO organises an Inter-Agency Case Conference and/or Family
 No agreement can be reached;
Meeting to develop an agreed Care and Protection Plan
 The plan proposed by the family is not adequate to keep the child
safe;
 Family didn’t follow an agreed plan;
 It is not in the best interest of the child, for whatever reason, to
develop an agreed care and protection plan

Step 5: Implementation, Monitoring and Review of the Care and Protection Plan
SWO organises referrals and monitors and coordinates services
Role of Social Welfare Division

Receive reported cases of children in need of care and

protection and lead the case management process:
 Assess the child and family; develop a care and protection
plan.
 Take emergency action to remove a child if need, and
decide about safe place
 Apply to the court for a care and protection order if
needed.
 Monitor implementation of the care and protection plan

 Maintain directory of service providers

 Maintain an information management system
Role of FSC

 Hub for children and families to seek help

 Immediately refer all cases of serious physical abuse,
sexual abuse or exploitation of a child to SWD
 Participate in family meetings / case conferences
 Provide follow-up services to a child in accordance
with the child’s care and protection plan, including:
 Crisis and therapeutic counselling;

 Legal information and legal aid to children and

their parents;
 Family mediation
Role of health workers

 Identify children showing early signs of abuse or

neglect and provide advice and guidance to the
parents
 Refer serious abuse and neglect cases to SWD
 Emergency care and treatment and medical care for
any injuries
 Psychological first aid / first line support
 Medical exam record (for court) when needed.
Role of Police

 Fully investigate all reports of violence against

children, using child-sensitive interview techniques;
 Notify SWD of all children’s case
 If a child is in immediate danger, remove the child to a
safe place. Immediately notify the SWO (within 24
hours)
 Accompany and assist SWO, when requested, to help
remove a child who is at risk of immediate harm
 Collaborate with SWO to jointly respond to cases,
including sharing transport and logistical support
Role of NGOs, Church Groups etc.

 Participate in family meetings / case conferences and

work with the SWO to develop care and protection plan
 Provide follow-up support to child and family, including:
 Faith-based / pastoral counselling
 Guidance and mentoring to the child
 Parenting advice / support
 Financial / in-kind support
 Home visits and supervision of the child / family
 Temporary or long-term care for children who cannot
safely remain in or return to their homes.
Role of Teachers and Schools

 Use positive class management and child-friendly teaching

techniques
 Provide school-based counselling services for children
 Empower children by educating them on how to protect
themselves and how to seek help
 Immediately report and refer all cases of serious physical
abuse, sexual abuse or exploitation of a child to SWD
 Participate in family meetings / case conferences as
requested
Role of Public Solicitor’s Office

 The role of the Public Solicitor’s Office is to:

 Provide legal advice and assistance to the child and
his/her caregiver about their options in relation to filing a
case with the police, and for related legal matters (e.g.
custody, maintenance, access, etc.);
 Provide independent legal representation to children in
care and protection proceedings when requested by the
Court (CFWA s. 45(3))
 Participate in Inter-Agency Case Conferences / Family
Meetings as requested by the Social Welfare Officer;
 Provide follow-up legal services to a child in need of care
and protection and his/her family as requested by the
Social Welfare Officer (CFWA s.15), in accordance with
the child’s care and protection plan.
Role of MYWCFA

 Promote coordinated, inter-agency planning for child protection

through the NAACC and PAACCs;
 Develop and promote national laws, policies and Provincial
ordinances in the area of family, children and youth;
 Collaborate with SWD on awareness and preventive activities;
 Advocate for integration of child protection into Ministerial
policies and strategies;
 Promote child protection projects and help mobilise funds from
Provincial Administration;
 As chair of the Protection Committee, ensure child protection is
integrated into emergency preparedness, response and
recovery.
 Research and analysis on the situation of child and family
welfare issues.
Consent in Children’s Cases

 In children’s cases, consent is not required for referral

to SWO. All serious cases must be referred to SWO,
even if the child and parents don’t agree.
 SWOs will take the views of the child and parents into
account in developing the care and protection plan,
but ultimately they must take action in the child’s best
interest, even if the child and family don’t want help.
 Reporting requirement and limits of confidentiality
should be explained to the child so as not to make
promises that can’t be kept (e.g. don’t promise the child
that you won’t tell anyone).
Confidentiality and Information Sharing

 All service providers must respect children’s privacy and

help protect the child from stigmatisation:
 Details shared on a “need to know” basis only

 All records and files should be kept in a secure place

 Everyone participating in a case conference / family

meeting must agree to keep the discussions
confidential
 To avoid re-traumatising the child, service providers must
avoid asking the child to re-tell his/her story. Ask only
essential questions.
THANK YOU