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1.1.3 Responding to specific police operations for at-risk children and young people (Regional Shield)

Last Modified: 08-May-2023 Review Date: N/A

Overview

The Department of Communities may receive information or referrals as a result of specific police operations designed to monitor and respond to children and young people engaged in criminal and antisocial behaviour. This includes but is not limited to the Youth at Risk Strategy in Northbridge, as well as Operation Regional Shield. 

Rules
  • Any action taken by the Department must adhere to legislative requirements set out in Children and Community Services Act 2004 (the Act).

  • Responses to referrals must align with the functions and powers of the Chief Executive Officer (CEO) under the Act.

  • On receipt of a referral, the CEO may cause inquiries to be made that the CEO considers reasonably necessary for the purpose of determining whether action should be taken to safeguard or promote the child's wellbeing, pursuant to section 31 of the Act.

  • Section 32(1) of the Act provides that if the CEO determines that action should be taken action to safeguard or promote the child's wellbeing, the CEO, or an authorised officer on their behalf, must do one or more of the following –

(a) provide, or arrange for the provision of, social services to the child and, if appropriate, a parent or other member of the child's family;

(b) arrange or facilitate a meeting between an officer any any one or more of the following people –

i. a parent or other member of the child's family;

ii. a person who is significant in the child's life;

iii. a representative of a service provider;

iv. a representative of a public authority, for the purpose of developing a plan to address ongoing needs of the child in a way that ensures the best outcome for the child;

(ca) enter into a responsible parenting agreement in respect of the child;

(c) enter into a negotiated placement agreement in respect of the child;

(d) cause an investigation to be conducted by an authorised officer for the purpose of ascertaining whether the child may be in need of protection;

(e) take, or cause to be taken, intervention action in respect of the child;

(f) take, or cause to be taken any other action in respect of the child that the CEO considers reasonably necessary.

Information and Instructions

  • When to make a child protection referral
  • Moving a child to a safe place – Section 41 of the Act
  • Referral Options
  • When to make a child protection referral


    In all instances where child protection concerns have been raised, use the Interaction Tool to assist with decision making and to determine if the matter requires further action. 

    Where a child or young person has a protective caregiver, there may be no role for the Department even where the child/young person is exhibiting at risk or criminal behaviours. Where appropriate, a referral may be made to services to support the young person and caregivers to address the behaviour.

    For information about processing referrals where you have concerns for the wellbeing of a child, see Chapter 2.2 Processing Referrals and Interactions

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    Moving a child to a safe place – Section 41 of the Act

    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 -

    • that the child is not under the immediate supervision of a parent of the child or an adult capable of adeuately supervising the child; and 

    • that - 

    1. 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 

    2. 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:

    • antisocial behaviour

    • criminal activity, and/or

    • truancy (only if in combination with one or both above behaviours).

    Parent Support is targeted at parents who find it hard to ask for help, or who have had trouble working with other services.

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    Referral Options

    ​Family Support Network (available in metro areas) 

    Family Support Networks (FSNs) are a partnership between the Department and the community sector to provide a single entry - point for service provision. Each FSN provides targeted family support to families who are at risk of being referred for child protection concerns, or are already engaged with the Department. The networks are trauma informed, culturally appropriate and prioritise referrals for Aboriginal families. Families experiencing complex issues, including homelessness and family and domestic violence are also prioritised for support.

    FSNs are designed to help families:

    • increase their parenting skills to safely care for their children at home with an integrated and coordinated service response to divert them from the child protection system, and develop and strengthen culturally safe support networks.

    Referral forms are available through the Family Support Network website.

    Intensive Family Support Service

    Intensive Family Support Service (IFSS) provides in-home practical support for families to enhance the safety and wellbeing of children. IFSS only accepts referrals from the Department. The primary goal of IFSS is to provide intensive support where there are signficant  child protection concers to divert children away from or out of the out-of-home care system.

    There are two service streams within IFSS:

    1. Keeping children safe at home: To prevent children entering out-of-home care.

    2. Reunification: To support families to make sustainable positive changes so their children can return home safely.

    IFSS is located state-wide across metropolitan and regional districts and are delivered by various service providers in partnership with Aboriginal Community Organisations (ACCOs). A list of IFSS contact details for all districts is avaiable in the Casework Practive Manual or can be found at Earlier Intervention and Family Support Services.

    Aboriginal in-home Support Service

    The Aboriginal In-Home Support Service (AISS) is delivered by Wungening Moort to provide a trauma-informed and culturally safe intensive practical in-home support service. Ebenezer Home, Coolabaroo and Moordij Koort are partners of the 'Moort' consortium. As with IFSS, AISS referrals are only accepted from the Department. 

    The AISS works with Aboriginal families to address significant issues impacting their parenting and increasing the child's safety in the home. The AISS seeks to engage Aboriginal families where a child is at risk of entering out-of-home care, or where a child is already in out-of-home care and reunification support can be provided to the family. Many of the families referred to AISS require further support to create safety networks which include family, friends, and other stakeholders. If the family is open to IFS, attendance of professional service providers at an MCC can assist this process. A key service goal of AISS is to ensure all safety networks are culturally safe. For more information about AISS, see the Wungening Moort Brochure on the Earlier Intervention and Family Support Services.

    Aboriginal in-home support services are located in the metropolitan area including Peel.

    Other diversionary services include:

    Community Connectors

    The Aboriginal Community CONNECTORS Program (previously the Patrols) is a safety and wellbeing initiative and operates in 13 locations across Western Australia including Broome, Derby, Halls Creek, Kununurra, Wyndham, Hedland, Roebourne, Carnarvon, Geraldton/Mullewa, Meekatharra, Kalgoorlie and Perth. Under the program, local ACCO's provide culturally responsive referral and safe transport services to at-risk youth and adults in the community. Contact number of your local CONNECTORS/Patrol service providers can be found in your community's business directory.

    Target 120

    WA Police provide data to this program on children aged between 10 and 14 at risk of becoming repeat criminal offenders.

    Candidates are selected via a specific selection critereon for inclusion in this early intervention program and each target 120 site has the capacity to work with 10 young people and their families.

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Related Resources

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