Section 41 allows an Authorised officer (which includes a police officer) to move a child to a safe place if the officer finds the child at a place other than the child's usual residence and the officer believes on reasonable grounds -
there is a risk to the wellbeing of the child because of the nature of the child is found, the behaviour or vulnerability of the child at that place, or any other circumstances; or
the child is an absentee student as defined in section 32 of the School Education Act 1999 (WA).
The officer should consider factors such as age of the child or young person and circumstances that would be considered unreasonable for the child to be street present. As an example, concerns about a child or young person committing a crime is not generally considered a risk to the child's wellbeing and the Police may make an arrest under the Criminal Investigations Act 2006 (WA) if required. It is important to remember that it is not unlawful for a child or young person to be street present.
If Police envoke s.41, they should move the child to their usual place of residence or school. If an officer moves a child to a place other than the child's place of residence or school, the officer must take reasonable steps to contact an appropriate person and inform them of the child's location and advise them that the child has been moved to a safe place and of the location of that place and advise the reasons the child was moved. When an appropriate person is contacted, an officer must plan for the child to be returned to the care of that person.
Should Police enact s.41, the police officer must immediately inform Communities that the child has been moved to a safe place and the location of that place. The Police may request that the Department disclose relevant information regarding the child and any appropriate person(s) and discuss any action required by the Department.
Section 41(1) provides that an appropriate person, in relation to a child mean -
(a) a parent of the child; or
(b) an adult, other than a parent of the child, who is a member of the child's family; or
(c) an adult, other than a parent or other member of the child's family, with whom the child usually lives.
Moving a child to a safe place under s.41 does not mean that the child has or will be brought into the care of the Department. However, if child protection concerns are identified in the process of enacting s.41, intervention action may be required. For more information on intervention action, see Chapter 3.3
Intervention Action.
There are many reasons Police may have contact with a child or young person in the course of their duties, and in most instances, this will not require a report to the Department. Where Police contact the Department, it is important to consider diversionary services or programs that may support the family, particularly where no child protection concerns have been identified. These may include programs under the Early Intervention and Family Support Framework (EIFS), Including:
Parent Support
Referrals are accepted from within district offices, other government agencies and the community sector. Referrals from within the Department should be discussed with the IFS team leader (TL).
Referrals are considered and accepted based upon the eligibility criteria set out below.
The Parent Support service works with 'hard to reach' parents of school aged children up to 18 years, where the children are involved in:
Parent Support is targeted at parents who find it hard to ask for help, or who have had trouble working with other services.