Investigation of cases where there is suspicion of physical abuse by the custodian or a household member against a child
Physical violence is violence directed at children which has resulted in or is likely to result in mental and/or physical harm to the child.
The child may have signs of the violence such as bruises, burns or broken bones that the child and/or parents try to hide and have difficulty explaining in a credible way. However, there are not always visible injuries even if there is serious violence. Physical punishment is considered as physical violence, as it is designed to cause children mental and physical damage.
Work procedures in investigations
The child protection services receive notifications of neglect and/or violence against children who stay in the service's area of operations. The child protection services staff are employed according to Article 4 of Regulation No. 56/2004. When child protection services staff receive a notification, care must be taken to discuss the provisions of anonymity when notification is made, according to Article 16. The employee must receive the most accurate information about the child; name, address, the relationship of the notifier with the child and the reason for the notifications.
When a decision is made to initiate an inquiry, it must be remembered that the child protection law emphasizes that children must be shown the utmost care, and that the inquiry must not be more extensive than necessary. All parties to the case must be treated with respect and at the same time, it must be kept in mind that the inquiry is about the child and his/her situation and that the interests of all parties to the case do not necessarily coincide. However, it must be taken care to obtain sufficient information to shed light on the matter. In general, there is also a discussion with the child in question.
It should be noted that Article 43 of the Child Protection Act on investigative powers applies to cases where there is suspicion that a child has been subjected to violence by a guardian or someone in the home. This is done in such a way that the child protection committee member talks to the child without the guardian's knowledge, such as in a school or kindergarten, and thus assesses his/her well-being without the intervention of the alleged perpetrator. The guardian shall be notified of the interview as soon as possible and preferably the same day. If the guardian is the alleged perpetrator and/or cooperation cannot be reached for the probe of a case, it may be necessary to apply an emergency measure according to Article 31 of the Child Protection Act.
Information needed for the case must also be obtained, for instance from health care providers, schools and police. In general, written information must be obtained from the parties in question.
Points to be particularly taken into consideration when conducting a survey on the suspicion of physical violence:
assessing whether the child is at risk or whether there is reason to be concerned
gathering facts regarding the suspected
assessing the need for action towards the child and possibly other
deciding whether to request a medical examination and/or a police investigation
talking to the child and ensuring access to an adult to whom the child can talk about his/her condition and situation on a regular basis
Generally, a medical examination shall be requested if there is confirmed suspicion of violence, there are visible injuries to the child, there is a suspicion of repeated violence, there is a suspicion that the child has suffered internal injuries, injuries to the head or that there may be a fracture of the bones. It must be kept in mind that physical injuries can be hidden under children's clothing. If the child protection committee decides not to request a medical examination, it is necessary that the case document the reasoning for that decision.
Child protection committees must always examine cases independently on the basis of child protection laws, regardless of whether a police investigation is requested.
The Child Protection Committee must always take the initiative to assess whether a police investigation should be requested for an offense against a child. According to Article 20 of the Act No. 56/2004 on procedures, the Child Protection Committee shall normally request a police investigation if there is suspicion that a serious criminal offense has been committed against a child.
The Child Protection Committee may request an exploratory interview at the Child Protective Services before a decision is made on a police investigation.
The consent of the guardian who has the child in custody must be sought and the child consulted as appropriate. If the consent is not available or it is not appropriate to inform the parent of the content of the notification because of strong investigative interests, the child protection committee may request police investigation if there is suspicion that the welfare, life or health of the child or others is seriously compromised. It is important to record decisions taken by the child protection committee/employees on this matter and their reasons.
When assessing whether there is a serious criminal offense for which the police investigation is compulsory, it should be considered, among other things, whether
there is a reasonable suspicion (as an example of reasonable suspicion, if a child or parent has reported or confirmed violence or if violence has been witnessed)
there are visible injuries to the child
it is a case of physical violence that cannot be considered as physical punishment
there is repeated violence (including physical punishment)
the parent refuses to face the incident and/or refuses to receive the necessary support
If the child protection committee does not request a police investigation, it is necessary that the case contain a record of the reasoning for that decision.
When a child is a victim of physical violence, general rules apply to children as witnesses. A judge decides whether the hearing of children under 15 years of age should be held in a district court or at the Barnahús children's house. Police take the hearings of children 15 years of age and older.
The role of the child protection officer in investigating a case with the police is primarily to be present at the hearing, i.e. to monitor how the child is feeling and ensure that the hearing does not go against the interests of the child. The child protection officer can make suggestions or comments to the police if there is reason.
Child protection workers also need to monitor what is reported during the hearing and assess how the information affects the proceedings.
Further instructions on examining cases can be found in Article 22 and Chapter VIII of the Child Protection Act. No. 80/2002. See also Chapters V and VII of the Regulation No. 56/2004 on the procedures for child protection committees, and Chapters 9 and 11 of the Manual for child protection committees.
The need for support measures must always be assessed when the case has been adequately examined, in the opinion of the Child Protection Committee. It is the responsibility of the Child Protection Committee to have available resources for supporting the child and/or family in the child's home cf. Article 24 of the Child Protection Act and resources for receiving children in emergency situations cf. Article 84 of the Child Protection Act. If it is necessary to accommodate a child in foster care or in a treatment home, an application must be sent to the Child Protection Agency before the placement begins.
First support for the child and/or his/her family is usually provided inside the child's home to minimize disruption. Guidance for parents about the upbringing and living conditions of the child is a resource that needs to be considered, whether alone or in addition to various other resources. It is necessary to ensure that parents apply for and use the services that are considered necessary for the child and are provided in other systems, such as social services, the regional office for disabled people, etc. It is necessary to evaluate which support and/or treatment is appropriate for the child, such as interviews with a self-employed specialist, e.g. a psychologist or social worker. It is also necessary to evaluate whether the child needs further diagnosis and treatment, e.g. in the child psychiatric ward. It may also be necessary to provide the child or family with a supervisor, personal counselor or supporting family.
A written plan must be drawn up for supporting the child and possibly the entire family, see Article 23 of the Act and the provisions of the Procedure Regulation. This facilitates management and oversight, creates continuity in the processing of a case, is part of working openly. A plan makes work with the child, its family and possibly others easier and more efficient.
Further instructions on support measures can be found in Chapter VI of the Act No. 80/2002. See also Chapters III, V and VII of the Regulation No. 56/2004 on procedures for child protection committees and the Manual for child protection committees. Further information on support measures by the Child Protection Agency can be found on the website of the National Agency for Children and Families.