1. Office of the Guardian for Children and Young People Preventing abuse and improving the support for children who have been victims of crime while in care November 2015

2. Who are we Independent statutory office advising the Minister for Education and Child Development and reporting to Parliament Advocate for and promote the best interests of children and young people in care Work with government and non-government agencies and consumer groups

3. Functions of GCYP Children’s Protection Act 1993, s. 52C Promote rights and best interests Monitor conditions of care Investigate systemic issues Advocate for change Advise the Minister (who is the legal guardian) Inquire

4. Who we work for 2 767 children under guardianship (as at June 2015) 83% are under long term court orders 29% are Aboriginal children Just under half (47%) are girls One in ten have significant disabilities

5. Where they live As at June 2015 40% were in non-relative foster care 43% were with relatives or kin 4% were living independently 9% were in residential care 4% were in emergency care *very small numbers of children subject to guardianship orders have been reunified with parents

6. What is abuse in care? Includes neglect, emotional, physical and sexual abuse By a staff member, a volunteer, a carer or someone know to the carer, or another child or young person Responsibility to protect children always rests with adults

7. Allegations of abuse in care Account for minority of notifications of child abuse Individuals and the system share responsibility Impact upon child is further traumatisation Difficult to know the extent of abuse in care –Imprecise measures –Underreporting

8. Promoting safety in out of home care Previous research shows evidence of a higher rate of abuse in out of home care than in general family-home population Evidence also shows children in out of home care, particularly residential care, are more at risk from peers Structural response to abuse in care has focused on regulation, monitoring and scrutiny

9. Current measures to promote safety Preference for home-based care over residential care Listening to children and young people Mandatory reporting CARL Employment screening Care concern investigations Review mechanisms Complaints policies Accountability for practice and care Whistle-blower protection Community awareness and education

10. Risk factors, over and above ‘being in care’ Children with disabilities –Disclosure can be impeded by communication difficulties –Often higher number of carers providing intimate care –Persistent ‘invisibility’  needs for assistance or opportunity to act on concerns may go unrecognised Residential care facilities –Usually seen as a ‘last resort’ for cyp who cannot be accommodated in home-based foster care –Co-placement of children and young people with complex and challenging behaviours –Heightened focus on containment and control

11. Priorities to prevent abuse in care 1.Support children and young people in care to form and maintain stable significant relationships with trusted adults 2.Empower children and young people in care through a focus on creating child-safe environments, participation in decisions that affect their lives, knowledge of their rights and the provision of support to rectify violation of those rights 3.Ensure frequent contact of children and young people with skilled and concerned adults such as caseworkers or community visitors

12. Priorities to prevent abuse in care continued 4.Put greater emphasis on the quality and capacity of supervision provided by caseworkers and carers and organisational preparedness to act promptly on reports of qualms about inappropriate behaviour 5.Pursue continuing improvements in the quality of care provided by supporting foster carers, building staff and carer competencies, providing guidance about appropriate conduct in working with children, and through appropriate accommodation and staff to resident ratios in residential facilities

13. Priorities to prevent abuse in care continued 6.Support continuous improvement through agreement on good standards of care, assistance to reach and go beyond those standards, prompt attention to outcomes of incident reviews and resources to monitor and advocate for the required change

14. Improving support to children as victims of crime Practical support –Coordinated case planning –Shared information, goal-setting, problem-solving and decision-making –Provision of emotional support, comfort and advocacy –Counselling –Witness Assistance Service

15. Improving support to children as victims of crime Victim’s of crime compensation –Consideration of eligibility Case planning Annual reviews –Ensure CP staff have knowledge and skills to identify children and young people with potential claims

16. Office of the Guardian for Children and Young People Thank You You can call us on 8226 8570 Or visit our website on www.gcyp.sa.gov.auwww.gcyp.sa.gov.au Enquiries can be emailed to gcyp@gcyp.sa.gov.augcyp@gcyp.sa.gov.au